Commercial License

NATIONAL GOVERNORS ASSOCIATION CENTER FOR BEST PRACTICES and
COUNCIL OF CHIEF STATE SCHOOL OFFICERS
COMMERCIAL LICENSE

The National Governors Association Center for Best Practices and the Council of Chief State School Officers (collectively, NGA Center/CCSSO), as the owners of the Common Core State Standards (College- and Career-Readiness Standards and K-12 Standards in English Language Arts and Math), grant this license to the Licensee identified below, subject to the terms set forth herein. The Common Core State Standards are protected by copyright and/or other applicable law, and any use of the Common Core State Standards other than as authorized under this License is prohibited.

License Grant:

NGA Center/CCSSO grant a non-exclusive, royalty-free license for the following commercial uses of the Common Core State Standards: (a) copying; (b) publishing; (c) distributing; and (d) displaying. These uses may involve the Common Core State Standards as a whole or selected excerpts or portions, subject to the restrictions below on impermissible uses.

This License extends to the Common Core State Standards only and not to the examples. A number of the examples are comprised of materials that are not subject to copyright, such as due to being in the public domain, and others required NGA Center and CCSSO to obtain permission for their use from a third party copyright holder.

This License applies only to the version of the Common Core State Standards that is current as of the date that the License is entered into. This License does not cover revised, updated, or other subsequent versions of the Common Core State Standards.

Impermissible Uses:

The following are prohibited uses of the Common Core State Standards: (a) revising, including editing; (b) recasting, such as in the form of abridged or condensed versions, in a manner that, in the view of NGA Center and CCSSO, changes the meaning or intent of the Common Core State Standards or any part thereof; (c) sublicensing; (d) sale; (e) claiming of ownership, including copyright; (f) any use that may be prejudicial to the Common Core State Standards, NGA Center, or CCSSO; and (g) any use contrary to the express terms of this License. Notwithstanding the foregoing, the Common Core State Standards may be included in larger works published by the Licensee, even if such larger works are sold or copyrighted by the Licensee.

Attribution; Copyright Notice:

NGA Center/CCSSO shall be acknowledged as the sole owners and developers of the Common Core State Standards, and no claims to the contrary shall be made. The notice appearing in the Common Core State Standards identifying NGA Center/CCSSO as the copyright owners must be displayed appropriately and in full.

Any publication or public display shall include the following notice: “© Copyright 2010. National Governors Association Center for Best Practices and Council of Chief State School Officers. All rights reserved.”

Term and Termination of License:

This License shall terminate automatically upon the earlier of (a) twelve (12) months from the Effective Date, or (b) violation by Licensee of any of the License terms. After expiration or termination of this License for any reason, Licensee shall have no further rights and shall immediately cease to copy, publish, distribute or display the Common Core State Standards. With the express written permission of the Licensor, Licensee may distribute existing copies of the Common Core State Standards until the Licensee has satisfied all obligations and duties entered prior to the expiration or termination of this License.

Representations, Warranties and Disclaimer:

THE COMMON CORE STATE STANDARDS ARE PROVIDED AS-IS AND WITH ALL FAULTS, AND NGA CENTER/CCSSO MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

Limitation on Liability:

UNDER NO CIRCUMSTANCES SHALL NGA CENTER OR CCSSO, INDIVIDUALLY OR JOINTLY, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY, WHETHER FOR CONTRACT, TORT, STRICT LIABILITY, OR A COMBINATION THEREOF (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE COMMON CORE STATE STANDARDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH RISK AND POTENTIAL DAMAGE. WITHOUT LIMITING THE FOREGOING, LICENSEE WAIVES THE RIGHT TO SEEK LEGAL REDRESS AGAINST, AND RELEASES FROM ALL LIABILITY AND COVENANTS NOT TO SUE, NGA CENTER AND CCSSO.

Miscellaneous:

This License is governed by the laws of District of Columbia. If any provision of this License is ruled invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement may not be changed except by a written instrument executed by duly authorized officers of NGA Center and CCSSO. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. The exclusive forum for resolution of legal disputes shall be State or federal court in or for the District of Columbia.