Section 1 – Purpose and Background
This Collaboration and Licensing Agreement (CLA) for access to the Toolkit via vsbl™ achieves multiple purposes:
A. Cooperation: Provides an agreement to work together in the spirit of collaboration and cooperation to advance the adoption of the Education Design Lab (“The Lab”) 21st Century Skill Digital Badges (“Badges”).
B. Consistency: Provides learning partners (“Partners”) with a set of principles to adhere to when describing and implementing the Badges, to ensure consistency and uniformity among the Partners and any potential clients of the Partners.
C. The Lab Materials: The Lab grants a Copyright License to Partners to use The Lab’s current Toolkit materials, and any subsequent revisions of the materials supporting the Badges, subject to the conditions described below.
D. Partner Collaboration: Allows Partners to expand and develop their own materials supporting the Badges, subject to the conditions described below.
E. Partner Materials: Partner grants a Copyright License to The Lab to use any of Partner’s own materials, and any subsequent revisions of those materials supporting the Badges, subject to the conditions described below.
Section 2 – Definitions
A. Licensed Material means the artistic, literary work or other materials developed by The Lab supporting the Badges that is subject to copyright protection.
B. Licensed Rights means the copyright rights granted to Partner to use the current materials and subsequent revisions of the Toolkit materials developed by The Lab in support of the Badges.
C. Partner Adapted Materials means materials derived by Partner from, or based upon the Licensed Material, and in which the Licensed Material is expanded upon, altered, arranged, transformed, or otherwise modified.
D. Partner Adapted Rights means the rights granted to The Lab to use the materials developed by Partner based on the original Licensed Material.
E. Share means to provide material to The Lab, or its partners, by any means or process that requires permission under the Partner Adapted Rights, such as reproduction, public display, distribution, dissemination or communication.
F. Toolkit means the compilation of publicly available 21st century skills digital micro-credential resources that include links, files, and videos.
Section 3 – Reciprocal License Grant
A. The Lab hereby grants Partner a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to reproduce the Licensed Material, in whole or in part, together with any Partner Adapted Material, for the Term of this CLA (see Section 7).
B. Partner hereby grants The Lab a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Partner Adapted Rights in the Partner Adapted Material to reproduce and Share the Partner Adapted Material, in whole or in part, together with any Licensed Material, for the Term of this CLA (see Section 7).
Section 4 – Restrictions on Modifying the Licensed Material
A. Partner agrees to maintain (and not alter) the key pillars of the Education Design Lab’s 21st century skills digital badging framework, including:
i. Badge definition
ii. Badge competency and value statements
iii. The four sub-competencies, sub-competency definitions and value statements of each badge
iv. Learning outcomes that map to the sub-competencies
v. Questions/content on personnel assessment and feedback tools, whether proprietary to The Lab or commercially available through partnership agreements with The Lab
B. Partners agree to subscribe to (and not alter) the five key design criteria of workforce-facing badges. They must be:
Section 5 – Partner Responsibilities Under the CLA
Partner agrees to provide the following data, materials and services to The Lab:
A. Agrees to facilitator(s) completion of the Facilitator Badge training provided by The Lab
B. Agrees to the best of their ability to share with The Lab the following key metrics on a bi-annual basis to enable The Lab to continually evaluate the power, influence and transformative nature of the Badges:
i. Number of badges attempted to be earned and ultimately issued
ii. Demographics of badge earners (e.g., type of learner, age)
iii. Learners’ reason(s) for attempting to earn badge(s)
iv. Workplace performance of learners with badges and learners without badges (i.e., Did badges improve productivity? Reflect in annual performance reviews? Help in the advancement process? Would you be likely to hire those with badges)
v. Learner’s or Employer’s success stories and/or testimonial quotes
C. Agrees to authorize The Lab to query Partner regarding compliance with data requests in Section 5(B), if Partner has not forwarded the required information in due course.
D. Agrees to contribute to The Lab’s library of resources by sharing any effective, free and publicly-accessible literature (i.e., articles, books, reports, etc.), assessments, videos, practices, technology or other relevant materials.
E. Agrees to make a good faith effort to promote the Badges to other institutions, employers, educational providers, and/or others who are interested in implementing the Badges in their programs.
Section 6 – Attribution
A. Partner’s exercise of the Licensed Rights is expressly made subject to the following Attribution conditions. If Partner Share’s the Licensed Material (including in modified form), Partner must identify The Lab as the creator, and provide sufficient copyright notice, including the following exemplary format: © Education Design Labs 2019.
B. The Lab’s exercise of the Partner Adapted Rights is expressly made subject to the following Attribution conditions. If The Lab shares the Partner Adapted Material (including in modified form), The Lab must identify Partner as the creator, and provide sufficient copyright notice, including the following exemplary format: © Partner 2019.
Section 7 – Term and Termination
A. The term of this CLA for access expires after one year from the date of execution of this agreement.
B.If no follow-on agreement is reached, Partner agrees to, upon termination, return all Licensed Materials and copies to The Lab, and The Lab, upon request, will return all Partner Adapted Materials and copies to Partner.
Section 8 – Marketing and Press Releases
A. Partner may promote its working relationship with EDL regarding the Badge program in marketing materials, press releases or the press. However, nothing in this CLA shall be construed as permission to assert or imply that Partner is endorsed or granted official status by EDL. Partner will seek and obtain written permission from EDL before promoting its working relationship with EDL and the Badge program in marketing materials, press releases or the press.
B. EDL may promote its working relationship with Partner regarding the Badge program in marketing materials, press releases or the press. However, nothing in this CLA shall be construed as permission to assert or imply that EDL is endorsed or granted official status by Partner. EDL will seek and obtain written permission from Partner before promoting its working relationship with Partner and the Badge program in marketing materials, press releases or the press.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of submission: