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Terms of Use
IMPORTANT -- READ THESE TERMS CAREFULLY BEFORE SUBSCRIBING TO AND USING "The Learning Source" (THE "PRODUCT"). BY USING THE LEARNING SOURCE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
DEFINITIONS
Parties
Licensor: The Agency for Instructional Technology (AIT), (Box A, Bloomington, IN 47402), who has produced and provided The Learning Source (TLS).
Licensee: You, the subscriber (school administrator, teacher, school staff member, parent, or other responsible individual).
User: The person using The Learning Source; a member of the Licensee staff (paid or volunteer) or a student or patron of the Licensee, if the Licensee is an educational entity (PK-12 public or private school, higher education institution, public library, or informal education organization). In the cases of individual subscribers, the User and the Licensee are one and the same.
Product
Product refers to both the Content (video, audio, graphics, text, images, and design), owned or represented by AIT, and the Technology (software, codes, content management system), owned by Magic Lantern Group.
Site
Site refers to The Learning Source address at www.aitlearningsource.net that encompasses all the search pages, video pages, and individual blackline masters and teacher's guide pages, online help, images, operating software, and all other content hosted at this address.
COPYRIGHT
The rights that are granted are granted in accordance with the copyright laws of the United States of America (U.S. Copyright Office Web site at http://lcweb.loc.gov/copyright/) and International copyright law as protected by the Berne Convention. All materials in the Site are the property of TLS, or have been licensed to TLS for distribution, and are protected by international copyright and trademark laws. Neither User nor Licensee has any ownership of the Site. User or Licensee may not copy, display, create derivative works from, transmit, perform, modify, display, or sell any information, products, or services obtained from the Site, except as expressly permitted under applicable law or as described in this License.
TRIAL ACCOUNT
Trial Accounts are available only to persons aged 14 or above. Trial Accounts are provides for 14 days free of charge upon request from AIT. With a preview/free trial account, you are entitled to stream and/or download The Learning Source content for the 14-day trial period. You do not have permission to use preview Content for instructional purposes. At the end of the preview, if you choose not to purchase The Learning Source, you are to permanently remove all downloaded clips from any storage device.
GRANT OF LICENSE FOR USER AND PASSWORD
TLS grants the Licensee permission to access The Learning Source Web site, www.aitlearningsource.net, to permit access to TLS for users within the Licensee's organization, and to use the Product provided that: (i) the Product is not modified; (ii) all copyright and trademark notices are maintained on the Product; and (iii) User agrees to be bound by the terms of this Agreement. This grant extends only to the Licensee and may not be transferred to, or extended to, others. The Product shall be used only by Licensee for educational and research purposes and as otherwise may be set forth in this Agreement, and it cannot be exploited for any commercial purpose or for the benefit of any other person or entity.
User agrees to maintain his/her User password as personal and confidential information, except in those instances where Licensee and TLS have agreed that User may share his/her password with another User(s) within the subscribing institution. The unauthorized use of the User's password for access to the Product, with or without the User's knowledge, is a breach of this Agreement and a violation of The Learning Source's copyrights. The User is responsible for undertaking reasonable measures to prevent access by unauthorized persons to his/her password.
CONFIDENTIALITY STATEMENT
This Confidentiality Statement pertains to all Users of TLS. To receive full access to and benefit from TLS and to receive User information and updates such as newsletters and usage reports, it is necessary for TLS to have personal information from Users. Such personal information includes names, titles, addresses, phone numbers, and e-mail addresses.
TLS hereby represents that personal information obtained by TLS shall be considered strictly confidential and shall not be sold, given, shared, or used in any way by any organization or individuals outside of TLS without written permission by Users or an authorized person from the User's organization. Such personal information shall only be used by TLS as a part of TLS for security reasons, entry to the Web site, and in order to share information with Users.
PERMITTED USES
User will be permitted online access to the Site in order that User may stream or download video clips, still images, and related material included in the Content and use such material for educational and research purposes. User agrees to maintain the original intent and integrity of the video clip. This means the User may not shorten any video clip and may not revise or make any other alterations to it. However, User may freeze a still image from the video to view. User may project video clips, full-length videos, or still images or use them on SMART Board™ or other display devices. User may create a link to the content within a PowerPoint® presentation.
User may modify, alter, and revise the ancillary materials, such as student activity sheets, blackline masters, and teacher's guides to meet instructional needs; and User agrees to then include the following statement on such revised ancillary materials:
"Revised with permission from The Learning Source, but The Learning Source is not responsible for the content of the revision."
Other permitted uses:
Student works: Student works, including multimedia works that incorporate TLS resources, are permitted, provided such derivative works are for non-commercial scholarly purposes only and are not displayed, duplicated, nor distributed outside of school in the designated region served by the Licensee. In all cases, proper citation must be made and all care taken to prevent any unauthorized use stemming from any derivative product. Students are permitted to keep derivative works in their portfolio for evaluation and documentation of their abilities. Please refer to U.S. Federal copyright guidelines (1996) for multimedia fair use.
Web Site and Distance Learning Courses: User may use TLS Content for inclusion in distance learning, provided such distance learning is within the service region of the Licensee. User has permission to make content available to distant learners through any means of dissemination or transmission, provided all Content disseminated is protected by adequate control systems (such as having a list of registered Students and requiring user names, passwords, and identification) to prevent unauthorized use. The Licensee must ensure that the end users who use the video clips and images are Users in fact, as defined in this Agreement, and that the Content is used only as permitted by this Agreement.
Non-theatrical, non-profit, public performance under the auspices of the Licensee is permitted.
Promotional Purposes: Permission is granted to the Licensee to utilize TLS resources for promotional purposes. Such use includes the development of public service announcements that may be broadcast, samples of the TLS Web site for presentation to potential users, publication of promotional materials, demonstrations, or training for utilizing TLS. In all cases, proper citation must be made and all care taken to prevent any unauthorized use stemming from the derivative product. Promotional activities should be limited to the normal service area of the licensee but may extend beyond identified Users.
In all cases, presentation of the Content must be limited in purpose to instruction or student work, must be limited in location to the designated region served by the Licensee, and must be limited chronologically to the term of this License Agreement. Proper citation must be made for all utilized Content. All care must be taken to prevent any unauthorized use stemming from downloading Content or creating permitted derivative works. All downloaded and/or derivative works must be erased and no longer used by the Licensee or any designated User at the termination of this Agreement.
BRANDING AND CITATIONS
User must maintain the branding of TLS and include proper citations for all Content presented in any form by the User. Watermarks, title names, or producer information within the video may not be edited or removed. Referencing TLS when displaying or utilizing video clips, video stills, and ancillary material is required.
PROHIBITED USES
No part of TLS, or any derivative product authorized above under "Permitted Uses" may be duplicated, displayed, or disseminated beyond the normal service region of the Licensee. No profit by the Licensee or Users can be gained from the sale, distribution, or display of any portion of TLS or any derivative product under this Agreement.
User agrees that he/she will not remove, obscure, or alter the Content from the Site in any way, which includes -- but is not limited to -- modifying, decompiling, disassembling, combining, or merging video content with any new program(s); sub-licensing, distributing, renting, leasing, transferring, or otherwise making available the Content to a third party, except as permitted by this Agreement; or making the Content accessible to any third party, except as permitted by this Agreement, by any type of broadcast or transmission in any form whatsoever, including without limitation broadcast or transmission by telephone, cable, satellite, Internet broadcasting, or interactive television. User agrees that he/she will not circumvent The Learning Source's control systems.
Transferring from digital to analog (or taking the video clip from the computer and recording it onto a VHS tape) is in violation of copyright restrictions, except for the purpose of promotion, as noted under "Permitted Uses." AIT controls analog rights to much of the digital content on TLS, so users can request written permission from AIT for analog rights and AIT will review each request on a case-by-case basis. Please include the User name, project, video title, and a rationale for needing to do this when contacting The Learning Source.
To report claims of copyright infringement, please contact AIT's Executive Director at 800-457-4509, extension 207. Written correspondence can be sent to The Learning Source, Agency for Instructional Technology, Box A, Bloomington, IN 47402.
PRODUCT PROTECTION
The Product contains material that is protected by United States Copyright laws. The Learning Source expressly reserves all rights not granted in this Agreement. User may not remove any proprietary notice of The Learning Source or any content provider from any copy of the Product or Content or downloaded material that is included in the Content.
OWNERSHIP
User has no ownership rights in the Product. Rather, User has a license to use the Product only for as long as the Licensee subscribes to the Product. Ownership of the Product and all intellectual property rights shall remain at all times with The Learning Source, AIT, Magic Lantern Group, and Content providers.
RESTRICTIONS ON USE OF SOFTWARE
This site is owned and operated by the MAGIC LANTERN GROUP INC. and the AGENCY FOR INSTRUCTIONAL TECHNOLOGY. In the event that you download any software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you by the Magic Lantern Group Inc. The Magic Lantern Group Inc. does not transfer title to the Software to you. The Magic Lantern Group Inc. retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
DURATION OF AGREEMENT AND TERMINATION
This Agreement will become effective subject to its terms and conditions upon acceptance of this Agreement, and it will remain in effect for as long as Licensee continues to license the Product and User continues to use the Product according to the terms of this Agreement. The Learning Source may terminate this Agreement if TLS finds that any User has violated any of the terms of this Agreement.
Upon notification of termination of the Agreement or that the subscription is not renewed, all Content downloaded from the Site must be erased from any and all storage devices, such as a server, hard drive, CD, Zip disk, or other storage device -- except that a K-12 student may keep any project he/she created using the Content in his/her portfolio for personal use as described by the Federal guideline for Fair Use in multimedia (1996). Unauthorized use of Content may result in legal action. All provisions relating to The Learning Source's proprietary rights shall survive the termination of this Agreement.
GENERAL
The Learning Source may amend this Agreement or any other notices, terms, and conditions on the Site at any time by updating the published Policies and Procedures on the Site. Such amendments shall become effective on July 1st each year or at the renewal of the Licensee's Agreement, which ever comes first, provided that no amendments will be enacted with less than 90 days notice. Accordingly, the User should visit the Site from time to time to review the then-current and effective Policies and Procedures because they are binding on the User. No delay or failure to take action under this Agreement or Policies and Procedures published on the Site will constitute a waiver by The Learning Source unless expressly waived in writing by a duly authorized officer of The Learning Source.
TLS will indemnify and hold the Licensee harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable counsel fees, with respect to any Content; provided, that the Licensee shall promptly notify TLS of any claim or litigation to which the indemnity set forth in this paragraph applies.
Licensee will indemnify and hold TLS harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable counsel fees, arising out of any use of the programs other than as specifically authorized herein or with respect to any Content transmitted or provided by TLS; provided, however, that TLS shall promptly notify the contracting agency of any claim or litigation to which the indemnity set fort in this paragraph applies.
If due to an act of God, force majeure, or any other cause beyond the control of TLS, any part of the Product is not delivered or available to the Licensee, such occurrence shall not be deemed to be a breach of this Agreement but the Licensee shall have the right to alter the term of this agreement to account for any resulting deficit in service.
The Licensee may not transfer or assign this License Agreement in whole or in part to any third party without prior written consent of TLS, and any such assignment shall not relieve the Licensee from any of its obligations under this Agreement.
SAFE HARBOR
Some of the information on this Web site may contain forward-looking statements regarding future events or the future performance of Magic Lantern Group, Inc. You should read these statements carefully because they discuss our future expectations, contain projections of our future results of operations or of our financial position or state other "forward-looking" information. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. The company is required to file documents from time to time with the Securities and Exchange Commission. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, but are not limited to, potential fluctuations in quarterly results, dependence on new product development, dependence on a limited product portfolio and customer base, rapid technological and market change, competition, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.
ACCEPTANCE PROCEDURE
Use of The Learning Source site signifies your acceptance of the preceding terms of use and you will be bound to the conditions and restrictions as stated.
2456 learning objects
425 program titles
38 series
