Collective Commons License and Waiver

COLLECTIVE COMMONS LICENSE AND WAIVER

OpenOChem: A freely available online homework system that allows users to create interactive questions, and then assemble them into activities such as sequential and adaptive quizzes and SlideDecks. This system uses LTI, so that students and faculty members access it through their home institutions learning management systems (e.g., Moodle and Canvas). The system allows for creation and sharing of content and questions for users in the OpenOChem community.

Written in 2018 by:

Carl LeBlond, cleblond@iup.edu

Jennifer Muzyka, jennerifer.muzyka@centre.edu

Ehren Bucholtz, ehren.bucholtz@stlcop.edu

You should have received a copy of the CC0 Public Domain Dedication along with this software. If not, see http://creativecommons.org/publicdomain/zero/1.0/.

Affirmers have created OpenOChem for the purpose of contributing to a commons of creative work that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in their own works, reuse and redistribute as freely as possible in any form whatsoever possible and for any purposes, including without limitation commercial purposes. To the greatest extent permitted by, but not in contravention of, applicable law, if you contribute materials to OpenOChem you agree as the owner of Copyright and related rights in such Work to irrevocably and unconditionally waive, abandon, and surrender all of your Copyright and related rights (including existing as well as future claims, causes of action, and right to remuneration in whatever form), (in all territories worldwide), for the maximum duration provided by applicable law or treaty (including future time extensions), in any current or future medium and for any number of copies, and for any purpose whatsoever (including, without limitation, commercial, advertising, or promotional purposes). You agree that this waiver is made for the benefit of each member of the public at large and to the detriment of your institutions, heirs and successors, fully intending that such waiver shall not be subject to revocation, recission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public. Should any part of this license be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of this license.

Authors (Affirmers) hereby grant to each User a royalty-free, non-transferable, non-sublicensable, non-exclusive, irrevocable and unconditional license to exercise Affirmers’ rights in the OpenOChem questions and materials. By using OpenOChem you and Affirmers acknowledge and agree that Affirmers are performing an institutional service or function for which your institution would otherwise use employees; that Affirmers are under your direct control with respect to the use and maintenance of any education records protected under FERPA (e.g. grades); that Affirmers will not use, maintain or disclose FERPA protected information for any other purpose or to third parties without your consent; and that we meet the criteria specified in your school’s annual notification of FERPA rights for being a School Official with a legitimate educational interest and need to know the information contained in the education records.

Affirmers offer the Work as-is and make no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law. Authors disclaim any responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person’s Copyright and related rights in the Work. Further, Authors disclaim responsibility for obtaining any necessary consents, permission or other rights required for any use of the Work. No trademark or patent rights held by Authors are waived, abandoned, surrendered, license or otherwise affected by this License. To the greatest extent allowed by law, Users agree that by using OpenOChem that they waive, release, and forever discharge Affirmers and all contributors from any claim or cause of action of whatsoever nature for any loss, damage, or expense incurred by user or user’s institution including, without limitation, any claim asserting a violation of intellectual property rights by third parties, regardless of any negligence on the part of the authors or other contributors.