This license applies to EL Education curriculum materials published online by EL Education and specifically designated as published under the public license. For more information about the licenses covering all online EL Education curriculum materials, see the curriculum Terms of Use.

By exercising the Licensed Rights (defined below), Licensee accepts and agrees to be bound by the terms and conditions of the EL Education Flex Curriculum Public License ("Public License"). To the extent this Public License may be interpreted as a contract, Licensee is granted the Licensed Rights (defined below) in consideration of its acceptance of these terms and conditions, and EL Education grants Licensee such rights in consideration of the benefits EL Education receives from making the Flex Curriculum Materials (defined below) available under these terms and conditions.

Section 1: Definitions.

A.   Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, and sound recording, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(B)(1)-(2) are not Copyright and Similar Rights. 

B.   Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Licensee's use of the Flex Curriculum Materials.

C.   Flex Curriculum Materials means EL Education's reading foundational skills curriculum adapted for summer programs ("Summer Skills") and the adapted curriculum for use in flexible implementation of the curriculum in remote and hybrid instruction, containing the full adapted curriculum materials published for EL Education's kindergarten through grade eight language arts curriculum (collectively, "Flex Curriculum Materials"). The Flex Curriculum Materials are adapted from EL Education's K-5 Language Arts Curriculum published under CC BY 4.0, 6-8 ELA Curriculum (Second Edition) published under CC BY-NC 4.0, and 6-8 Curriculum (First Edition) published under CC BY-NC-SA 3.0.

D.   Licensed Rights means the rights granted to Licensee subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Licensee's use of the Flex Curriculum Materials and that the Licensor has the authority to license.

E.   Licensee means the individual or entity exercising the Licensed Rights under this Public License.

F. Licensor means EL Education, the entity granting rights under this Public License.

G.   Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

Section 2: Scope of Public License.

A.   License Grant.  Subject to the terms and conditions of this Public License, the Licensor hereby grants Licensee a limited worldwide, royalty-free, non-sublicensable, non-transferable, non-exclusive license to exercise the Licensed Rights in the Flex Curriculum Materials to:

1. Reproduce and Share the Flex Curriculum Materials, in whole or in part for educational, non-commercial purposes; 
2. Produce, reproduce, and Share adapted material for educational, non-commercial purposes; and
3. Licensee may only use the Flex Curriculum Materials for commercial purposes with express written permission of the Licensor.

B.   Other Rights. 

1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are the publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert such rights held by the Licensor to the limited extent necessary to allow Licensee to exercise the Licensed Rights, but not otherwise. 
2. Patent and trademark rights are not licensed under this Public License.

C.   Term. The term of this Public License is specified in Section 5 herein. 

D.   Media and Formats. The Licensor authorizes Licensee to exercise the Licensed Rights in accordance with the terms of this Public License in all non-commercial media and formats, whether now known or hereafter created. The Licensor waives and/or agrees not to assert any right or authority to forbid Licensee from making technical modifications necessary to exercise the Licensed Rights. 

E.   Downstream Recipients.

1. Every recipient of the Flex Curriculum Materials automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. 
2. Licensee may not offer or impose any additional or different terms or conditions on the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Flex Curriculum Materials.

 F. No Endorsement.  Nothing in this Public License constitutes or may be construed as permission to assert or imply that Licensee is, or that Licensee's use of the Flex Curriculum Materials is, connected with, or sponsored, endorsed, or granted official status by the Licensor or others designated to receive attribution as provided in Section 3 herein.

Section 3: License Conditions. 

A.   Attribution.  If Licensee Shares the Flex Curriculum Materials (including in modified form), on the shared materials, Licensee must retain the following, which is supplied with the Flex Curriculum Materials: 

1. Logos and other identification of the creator(s) of the Flex Curriculum Materials and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated); 
2. Footers and any other material containing a copyright notice in the following or similar form: 
   (c) 2016-2023 EL Education. Except where otherwise noted, the EL Education Flex Curriculum 2020-21 is published under a public license. To view a copy of this license, visit [https://curriculum.eleducation.org/content/flex-curriculum-public-license]. 
3. A notice that refers to this Public License;
4. A notice that refers to the disclaimer of warranties;
5. A URL or hyperlink to the Flex Curriculum Materials, to the extent reasonably practicable;

B.   Third-Party Material.  Use of the Flex Curriculum Material as a whole is subject to this Public License. Material within the Flex Curriculum Materials that is identified as licensed third-party content is not subject to this Public License. Such material is property of a third-party copyright holder, with all rights reserved, or subject to a different notice. Licensee shall not Share third-party material without first obtaining the necessary consent, approval, and/or license from the copyright holder of such material. 

C.   Adapted Material.  If Licensee Shares adapted material Licensee produces, the Licensee must require recipients of the material to comply with this Public License. 

D.   EL Education Terms of Service.  Licensee further agrees that it has reviewed and will comply with EL Education Curriculum Site Terms of Use in the use of the Flex Curriculum Materials pursuant to this Public License.

Section 4: Disclaimer of Warranties and Limitation of Liability.

 A.   Disclaimer of Warranties.  Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Flex Curriculum Materials as-is and as-available, and makes no representations or warranties of any kind concerning the Flex Curriculum Materials, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to Licensee. 

B.   Limitation of Liability.  To the extent possible, in no event will the Licensor be liable to Licensee on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or the use of the Flex Curriculum Materials, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to Licensee. 

C.   Interpretation.  The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 5: Term and Termination. 

A.   Term.  This Public License applies for the 2023-2024 school year, with the Licensor's exclusive right to extend the term of this Public License for additional academic years in its absolute discretion. For purposes of clarification, the school year means the academic school year used by licensee and is inclusive of the preceding summer for Flex Curriculum used in summer programs. 

B.   Termination.

1. If Licensee fails to comply with the terms of this Public License, the EL Education Curriculum Site Terms of Use, or any other applicable terms and conditions currently in existence or later propagated by EL Education, Licensee's rights under this Public License shall terminate automatically. 
2. Where the Licensee's rights to use the Flex Curriculum Materials has terminated under Section 5(B)(1), it shall be reinstated upon express reinstatement of the Licensor. For the avoidance of doubt, this provision does not affect any right the Licensor may have to seek remedies for Licensee's violation of this Public License. 
3. Licensor may also offer the Flex Curriculum Materials under separate terms and conditions or stop distributing the Flex Curriculum Materials at any time; however, doing so will not terminate this Public License.

 C.   Survival.  Sections 1, 4, 5, 6, and 7 herein shall survive termination of this Public License.

Section 6: Other Terms and Conditions. 

A.   Licensor shall not be bound by any additional or different terms or conditions unless expressly agreed in writing by Licensor. 

B.   Any arrangements, understandings, or agreements regarding the Flex Curriculum Materials not stated herein are not covered by the terms and conditions of this Public License and subject to separate agreement.

Section 7: Interpretation. 

A.   For the avoidance of doubt, this Public License does not, and shall not be interpreted to reduce, limit, restrict, or impose conditions on any use of the Flex Curriculum Materials that could lawfully be made without permission under this Public License. 

B.   To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions. 

C.   No term or condition of this Public License will be deemed waived by failure to enforce any violations of the terms of this license. 

D.   This Public License shall be construed in accordance with the laws of the State of New York, without regard to conflicts principles, and as applicable, U.S. federal law. A court of competent jurisdiction in the State of New York, County of New York shall be the exclusive forum for the resolution of any disputes regarding this Public License, and consent to the personal and subject matter jurisdiction, and venue, of such court is irrevocably given.