Permitted Use Policy - MetaMetrics Inc.
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MetaMetrics Inc.

Permitted Use Policy

For MetaMetrics’ Licensed Measures

This Permitted Use Policy (“Policy”) is to help customers and authorized resellers of MetaMetrics, Inc. (“MetaMetrics”) which license, and other users of, MetaMetrics’ proprietary student measures from MetaMetrics’ proprietary framework and measurement scale(s), such as Lexile® and Quantile® measures (“Licensed Measures”), understand their responsibilities when using Licensed Measures.

WHO DOES THIS POLICY APPLY TO?

  • This Policy applies to anyone who receives or distributes Licensed Measures.
  • This Policy supplements any written agreement MetaMetrics may have with its customers or authorized resellers. Such written agreement will supersede this Policy in the event of any conflict.

WHAT DOES THIS POLICY APPLY TO?

  • This Policy applies to the use of Licensed Measures.
  • Use of any Licensed Measures requires a license from MetaMetrics or one of its customers or authorized resellers.
  • Use of MetaMetrics’ trademarks, service marks, logos, tag lines, trade names or other indicators of origin (“MetaMetrics Marks”) which may be associated with Licensed Measures also requires a license from MetaMetrics or one of its customers or authorized resellers and is subject to our “Branding Guidelines” which are available at http://www.metametricsinc.com/branding-guidelines/ as updated from time to time and other branding requirements.

WHO OWNS THE LICENSED MEASURES?

  • MetaMetrics owns the Licensed Measures and MetaMetrics Marks. All uses are subject to limits.

AM I PERMITTED TO DISTRIBUTE LICENSED MEASURES?

  • If you have a written contract with MetaMetrics or its customers or authorized resellers permitting distribution, you may distribute Licensed Measures only as permitted in that contract and subject to the terms of that contract.
  • If you work at a School or School District, you are permitted to distribute Licensed Measures in authorized reports, only for personal, educational use, to: (a) the appropriate educators, teachers, and administrators in your School or School District, and (b) to the students to which such Licensed Measures relate (and the parents/guardians of those students).

ARE THERE ANY RULES AROUND MY DISTRIBUTION OF LICENSED MEASURES?

  • Yes!
  • All uses, displays and/or incorporations of MetaMetrics Marks and Licensed Measures must use the following attribution:
    • METAMETRICS®, the METAMETRICS®logo and tagline, LEXILE®, the LEXILE® logo, QUANTILE®, and the QUANTILE® logo are registered trademarks of MetaMetrics, Inc. in the United States and abroad. Copyright © 2021 MetaMetrics, Inc. All rights reserved.
  • In addition, you must display on all published materials the following notice in both English and the prevailing local language in the form shown or such other form as you and MetaMetrics mutually agree:
    • “[Lexile®][Quantile®][Lexile® and Quantile®] measure(s) are for personal educational use only. Unauthorized commercial use or distribution violates U.S. and international copyright laws.”
    • Only reference the framework that is applicable when using this disclaimer. For example, if the Licensed Measure you are distributing is a Quantile® measure, say: “Quantile® measure(s) are for personal educational use only. Unauthorized commercial use or distribution violates U.S. and international copyright laws.”
  • If you work at a School or School District, you may retain Licensed Measures in your historical records but use and distribution rights must be met.

WHAT LIMITS ARE THERE ON MY USE OF LICENSED MEASURES?

  • Licensed Measures may only be used for personal, educational uses.
  • Your use must be in compliance with all applicable laws and regulations.
  • Your rights to Licensed Measures are limited. MetaMetrics reserves all rights except those stated. Prohibited uses include but are not limited to the following:
    • rebranding and/or re-labeling any Licensed Measures as a different measure
    • removing any MetaMetrics Marks from Licensed Measures
    • separating the Licensed Measure from the underlying student or content data to which it relates
    • aggregating the Licensed Measures including into any other offering
    • renting, leasing, sublicensing, selling, reselling, assigning, marketing, transferring, distributing (except as noted above), lending or otherwise commercializing the Licensed Measures for any commercial or other benefit
    • using the Licensed Measures for any other purpose, including creating a new or derivative scale(s) which would be marketed or used as an equivalent or to substitute for the Licensed Measures

DISCLAIMERS; LIABILITY

  • Use of Licensed Measures has a finite benefit, because Licensed Measures relate to a student’s ability or content level at a point in time. You should not rely solely on a Licensed Measure for measuring a student’s ability or content level.
  • LICENSED MEASURES AND METAMETRICS MARKS ARE PROVIDED “AS-IS” WITH NO WARRANTIES. METAMETRICS EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE.
  • METAMETRICS HAS NO LIABILITY TO YOU UNDER THIS POLICY. IN NO EVENT WILL METAMETRICS BE LIABLE UNDER, IN CONNECTION WITH, OR RELATED TO THIS POLICY OR USE OF THE LICENSED MEASURES OR METAMETRICS MARKS FOR ANY DAMAGES WHETHER DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES.
© 2021 MetaMetrics, Inc. Confidential. Version as of November, 2021