K–5 Math OER License

NOTICE: The below license applies only to pre-approval samples of the Texas Education Agency’s K–5 math curriculum materials. This license is intended to provide notice to users of all granted rights and restrictions on use of the materials. This license is in effect only while the materials are pending approval before the Texas State Board of Education pursuant to Chapter 31 of the Texas Education Code. Upon approval, a new license will be issued granting use of the final, approved version of the Texas Education Agency’s K–5 math curriculum materials.

I. DEFINED TERMS:

Authorized User means:

Adapted Material means a derivative work that is created by an Authorized User and that is derived from Licensed Material or other Adapted Material in a manner that would require permission from the copyright owner for use of such Adapted Material.   

Commercial means primarily for the purpose of commercial gain or monetary compensation, with the exception of rights provided for in this license (e.g., Printing by Commercial Printers or Copy Shops on behalf of an Authorized User and/or pre-printing by any Authorized User or its agent in anticipation of the volume needs of Authorized Users (and warehousing the printed copies) are not “Commercial,”).

Commercial Printer or Copy Shop means (i) an ESC providing print services to an Authorized User, or (ii) a business that provides printing and/or copying services for compensation, but does not include business entities that also design and create math and/or science educational materials as the primary function of their business.

Intellectual Property Rights means the legal rights or interests evidenced by or embodied in: (i) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, trade secrets, and know-how; (ii) any work of authorship, including any copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin; (iv) domain name registrations, social media pages and associated handles and hashtags; and (v) any other similar rights. The Intellectual Property Rights of a party include all legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

Licensed Material means the K–5 Math curriculum released by the Texas Education Agency as an open education resource material pursuant to Chapter 31 of the Texas Education Code.

Licensed Rights means the rights granted in section II.A below.

Non-Commercial means any activity other than Commercial activities not primarily for the purpose of commercial gain or monetary compensation.  Printing by Commercial Printers or Copy Shops on behalf of an Authorized User, and pre-printing by any Authorized User or its agent in anticipation of the volume needs of Authorized Users (and warehousing the printed copies) shall be considered “Non-Commercial.” 

II. LICENSE GRANTED TO AUTHORIZED USERS:

A. License Grant. Subject to the terms and conditions set forth herein, TEA hereby grants to Authorized Users, a non-perpetual, non-exclusive, sublicensable, worldwide, royalty-free, fully paid-up, irrevocable license to use, access, execute, copy, print, reproduce, modify, adapt, share, distribute to Authorized Users, publicly display for Authorized Users, publicly perform for Authorized Users, provide access to Authorized Users, transmit to Authorized Users, and create derivative works of, the Licensed Material for Non-Commercial purposes only, as open education resource (OER) materials pursuant to Chapter 31 of the Texas Education Code (together, the “Licensed Rights”). For the avoidance of doubt, all Intellectual Property Rights embodied in Adapted Material, including without limitation ideas, know-how, methodologies and similar components that are embedded therein, such as third-party Intellectual Property Rights, are included in Licensed Material and are subject to the Licensed Rights as detailed above.

B. Additional Requirements and Terms. The above license is subject to the following additional terms:

1. Attribution and Copyright Credit. If Licensed or Adapted Material is reproduced, the Authorized User shall provide attribution on the content, in a prominent location, such as on a copyright page, acknowledgement page, or contributor page, the following information:
   “This work is based on or adapted from materials contained in the Texas Education Agency’s K–5 Math curriculum. This work based on or adapted from materials contained in Great Minds’ Eureka Math® K–5 PDF Files.”
2. Infringement. Copyright owners of the Licensed Materials reserve their rights under federal or Texas law in the event an Authorized User takes unauthorized action outside the scope of this license, except that the Licensed Rights granted to an Authorized User cannot be revoked.  
3. Printing. Any printing or copying by an Authorized User under this license, including pre-press, pre-printing, and warehousing the printed copies, as required for the lifecycle of instructional materials orders or in advance of an anticipated order, is permitted, including printing by a Commercial Printer or Copy Shop in response to an order by an Authorized User, provided that the ordering Authorized User’s intended use is Non-Commercial.  
4. Trademarks of Commercial Printer or Copy Shop. No trademark branding of any Commercial Printer or Copy Shop or of any competitor of Contractor shall be included on the front or back cover of any of the Licensed Materials or Adapted Materials. The name of any such Commercial Printer or Copy Shop, or competitor of Great Minds PBC, may be included as part of an appropriate acknowledgement on the inside copyright, acknowledgement, or contributor page (e.g., where a party creates derivative work that adds third-party materials to the Licensed Materials, accurate attribution to that party is allowed on the inside copyright, acknowledgement, or contributor pages).  No attribution to a Commercial Printer or Copy Shop or a competitor of Great Minds PBC on the inside copyright, acknowledgement, or contributor pages may be more prominent than the attribution described under section II(B)(1), “Attribution and Copyright Credit.”

C. License Termination. This license will terminate upon approval of the Texas Education Agency’s K–5 Math curriculum materials by the Texas State Board of Education under Chapter 31 of the Texas Education Code. Upon termination, all use of these materials must immediately cease.