BELIZE EDUCATIONAL DEVELOPMENT INITIATIVE
ALBERTA EDUCATION
COPYRIGHT LICENCE AND TERMS OF USE AGREEMENT

COPYRIGHT

Copyright © 2007‚ Alberta Education.

The distributed learning resources and the digital version of these resources are owned by the Crown in Right of Alberta, as represented by the Minister of Education, (“Alberta Education”), 10155 - 102 Street, Edmonton, Alberta, Canada T5J 4L5, and in some cases are owned jointly by Alberta Education and Weigl Educational Publishers Limited (“Weigl”).

NOTE: The digital version of these distributed learning resources contains numerous third-party works that have been licensed to Alberta Education and its educational partners. Third-party content is identified with credit to the original source and to comply with Canadian copyright law.

Terms of Use

Alberta Education is making available the information, materials and documents that constitute the distributed learning resources and digital versions as set out in Appendix “A” to this Agreement (“Resources”) for the use of the Ministry of Education in Belize, its schools, teachers and other agents of the Ministry (“Belize Ministry”) under the terms and conditions set out in this Agreement (“Terms of Use”).  Background information on this initiative and purposes is set out in Appendix “B”.

NOTICE TO USER – ACCEPTANCE OF ALL TERMS OF USE: BY USING ANY OF THE RESOURCES IDENTIFIED IN THIS AGREEMENT, YOU ACCEPT ALL OF THE TERMS OF USE LISTED.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, YOU DO NOT HAVE PERMISSION TO USE THE RESOURCES.

1.   Grant of Licence
“Alberta Education” and “Weigl”, grant to the Belize Ministry, upon acceptance of the Terms of Use, a non-exclusive, royalty free licence to use the Resources as allowed under this Agreement.  In return for acquiring a licence to use the Resources, the Belize Ministry agrees to the Terms of Use and will ensure that all users authorized by the Belize Ministry agree to abide by the Terms of Use.

2.   Scope of Use
(1)  Resources are licensed for use on single workstations or on a computer network in a not-for profit school educational system within Belize.

(2)  A "computer network" is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single electronic product.

(3)  To "use" the product means to load files into the temporary (e.g., RAM) or permanent (e.g., hard disk, CD-ROM) memory of a computer or to otherwise make copies of the Resources.

3.   Permitted Uses
(1)  All Resources may be reproduced “as is”, in whole or in part, in digital, electronic and/or print format. When Resources are used “as is” the original logos, signatures and electronic rights management information must be maintained.

(2)  Resources where Alberta Education has copyright may be modified.  If modified then all Alberta Education logos, signatures and copyright notices must be removed from the modified work and one of the following acknowledgements, as appropriate, should be included instead in a prominent place in the modified work:

(a)     "Adapted from < insert course name >; © <insert year here> Alberta Education. Used by permission.”; or
(b)     “Adapted from <insert course name here>, © <insert year here> Alberta Education and Weigl Educational Publishers Ltd. Used and distributed by permission.”

(3)  The Belize Ministry may not modify third party content and all third-party content must be used in the context in which it has been placed unless permission is sought by the Belize Ministry under Section 5.

(4)  Use of the Resource for non-commercial educational purposes by the Belize Ministry includes:

• reproducing multiple copies for classroom use;
• uploading or downloading in any form or manner;
• copying for backup or archival purposes;
• segmenting, indexing or tagging to align with the outcomes of related Belize Ministry authorized curriculum; or
• demonstration or other communication for promotion within Belize by the Belize Ministry.

4.   Special Conditions
(1)  Under the terms of a separate Agreement, Weigl has been designated the sole distributor outside of Canada for the following Resources English Language Arts 4, 5 & 6 and Science 5 and 6 and therefore in exchange for the use of Resources under this Agreement the Belize Ministry will:

• provide (2) copies of the final version of any modified works created from the Resources listed 4(1) to Weigl Educational Publishers Limited at  6325 – 10th Street S.E., Calgary, Alberta, Canada T2H 2Z9 on or before September 1, 2008.

• provide a letter of thanks to Weigl that can be posted to the Weigl’s web site and which outlines the company’s involved in this goodwill initiative. The letter should include information on how the Resources have been used.

• agree that in the event funds are allocated to support the purchase of printed educational materials by the Belize Ministry that, Weigl will receive reasonable notice and the opportunity to make such materials available at a substantial discount or to bid on providing such materials.

(2)  To acknowledge the contribution of Alberta Education in allowing the use of Resources under this Agreement, the Belize Ministry will:

• provide two (2) copies of the final version of any major modification to the Resources to Director of the Distributed Learning Resources Branch of Alberta Education at Box 4000, Barrhead, AB Canada T7N 1P4 on or before September 1, 2008.

• provide a report outlining how Alberta Education Resources have been used in Belize to the Director of the Distributed Learning Resources Branch of Alberta Education on or before September 1, 2008.

5.   Restrictions
(1)  Third-party content may not be modified or reproduced in another resource without written permission from the rights holder. The Belize Ministry assumes sole responsibility acquiring such permissions and for any costs involved. Where possible, and upon request, Alberta Education or Weigl or both, as appropriate, will provide contact information for third-party rights holders whose content is featured in a Resource.

(2)  Third-party copyright or trademark notices may not be removed or obscured.

(3)  Resources may not be rented, leased or sold for profit by the Belize Ministry nor can the Resources be sub-licensed or distributed in any manner to any entity or person outside of the jurisdiction of the Belize Ministry.

6.   Assignment
The rights under this Agreement are non-exclusive and non-transferable and do not grant any right, whether by licence, by ownership, or otherwise in or to intellectual property with respect to these Resources except as set out in this Agreement.

7.   Term
This Agreement is effective until terminated by written notice from Alberta Education.

8.   Maintenance
The Belize Ministry accepts sole responsibility for ensuring that any materials reproduced from the Resources meet its own technical standards and specifications.

9.   Marketing and Distribution
Alberta Education and, where appropriate, Weigl retain all intellectual property rights to these Resources, including the right to market and distribute worldwide and to share and trade with other educational jurisdictions.

10. Warranty
Resources are provided “as is” and may not satisfy all requirements or be free from defects. Alberta Education specifically does not warrant that the electronic resource will operate uninterrupted or error free.
NO WARRANTIES:
ALBERTA EDUCATION MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

11. Limit of Liability
NO LIABILITY:
IN NO EVENT WILL ALBERTA EDUCATION BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM BY ANY PARTY.

12. Governing Law
This Agreement is governed by the laws in force in the Province of Alberta.

13. Entire Agreement
UNDERSTAND AND AGREE:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH ALBERTA EDUCATION AND SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

NO VARIATION:
THERE SHALL BE NO VARIATION OF THIS AGREEMENT UNLESS THERE IS EXPRESS CONSENT IN WRITING SIGNED BY AN OFFICER OF ALBERTA EDUCATION.

APPENDIX “A” - RESOURCE LIST (referred to as “Resource(s)”)

APPENDIX “B” – BACKGROUND INFORMATION AND PURPOSES

Alberta Education, in partnership with the Rotary Club of Alberta and Weigl Publishers, has agreed to participate in an international educational development initiative to assist the Ministry of Education in Belize to enhance its national educational system.

At the request of Rotary Club Alberta, Hélène Fournier (Director of the Distributed Learning Resources Branch) and Rick Morrow (Assistant Deputy Minister) accompanied Rotary members Ed Willson (District Governor), Ross Tyson, David Taylor, and Fred Fehlawer to Belize in December 2006 to meet with the Rotary in Belize and with the Ministry of Education to begin discussions around the provision of computers and professional development to schools in Belize. The discussions also included the Petters Research Institute, whose mandate is to provide development assistance in Mathematics and the Sciences.  The Institute was founded by Dr. Arlie Petters, a Belizean who pursued doctoral science education at Harvard University.

This initiative is the result of a project developed by Leduc teacher and Nisku-Leduc Rotarian Stephen Dunlop, who has been providing teacher training to teachers in San Ignacio, Belize.

Under the auspices of this initiative:

• Alberta Education provided digital copies of selected Crown-owned distributed learning resources to the Ministry of Education in Belize along with the appropriate permission to alter and reproduce Crown-owned content. The resources, designed for students in Grades 1 to 8, consist of digital versions of English Language Arts, Mathematics and Science courses. Some components of the resources have been removed to comply with third-party licensing restrictions.
• Weigl Publishers, holder of the worldwide distribution rights for the English Language Arts, 4, 5 and 6 and the Science 5 and 6 learning resources, granted Alberta Education permission to provide digital copies of these resources to Belize at no cost. These distributed learning resources were developed jointly with Alberta Education and the Open Learning Agency (on behalf of the British Columbia Ministry of Education in 2000-2001. The Weigl permission is contingent upon conditions identified in Section c.
• Rotary Club of Alberta, under the lead of Rotarian Gordon Boddez, coordinated the provision of computers and dozens of teachers from Nisku-Leduc who provided professional development to teachers in Belize. Each computer hard drive, prepared by Bernie Hryciw from St. Gabe’s Cyber School in Alberta, was equipped with the distributed learning resources from Alberta Education in digital format. 
• On receipt of these digital files, the Ministry of Education in Belize, its schools and teachers agreed to cross-reference the Alberta curriculum with the Belize curriculum to identify which components, in part or in whole, are relevant to the curriculum of Belize. Relevant sections, activities and ideas from the Alberta-owned resources may be incorporated into new resources “as is” providing appropriate copyright credits are also included. Alternatively, course content may be used as a basis for creating derivative resources that support the Belizean Grade 1-8 curriculum.