Updated January 28,2021
CASE NETWORK TERMS OF SERVICE
These Terms apply to all visitors, users and others who access or use the website or Service and constitute the entire agreement between you and us. There may be times when we offer a website, service or product that has its own written terms and conditions that apply in addition to these Terms ("Additional Terms"). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THESE TERMS IN THEIR ENTIRETY.
By accessing or using the website or Service, you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the website or Service.
IMS Global Learning Consortium hereby grants a User or Registered User (“Licensee”) a worldwide, royalty-free, nontransferable, nonexclusive, nonsublicenseable license to utilize the Global Unique Identifiers (GUIDs) pointing to Academic Standards and other Materials in the CASE Network provided the Licensee preserves and exposes the IMS provided GUIDs in their entirety without charge in any product that utilizes the GUIDs. The GUIDs may not be modified in any way, such as by removing the copyright notice or references to the CASE Network Service.
To become a Registered User, the User must register for a free CASE Network Participant Account on the IMS Global Website (www.imsglobal.org) The Registered User must provide complete and accurate registration information, including name, organizational affiliation, title within the organization, and full contact information. Providing incomplete or inaccurate registration information voids this license agreement and will exclude certain usage of the CASE Network Service. The Registered User agrees that their personal details and usage of the CASE Network may be shared with CASE Network Issuers. An Issuer is typically a state department of education, school district or other entity that provides standards documents for use by CASE Network users.
The Licensee also agrees that any use of the Academic Standard(s) or other Materials provided by IMS in the CASE Network must be accompanied by the copyright legends provided with full attribution given to IMS and the copyright holder. Any GUIDs and unique Identifiers (the “Required Elements”) must be preserved, maintained and made available to all users in both machine readable and human readable format without charge.
The Licensee has no right to create modifications or derivatives of the GUIDs as granted pursuant to this license. However, if additional requirements are satisfied, the right to create modifications or derivatives is sometimes granted by the IMS to individuals or organizations complying with those requirements. To request permission for other uses contact CASENetwork@imsglobal.org.
THE ACADEMIC STANDARDS(S) AND ACCOMPANYING GUIDS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL IMS GLOBAL LEARNING CONSORTIUM, INC., ITS MEMBERS OR ITS CONTRIBUTORS BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LEARNING STANDARD OR GUIDS.
The Licensee agrees to indemnify and hold harmless the Licensor (and their respective directors, officers, affiliates, agents, successors, employees and assigns) from and against any and all losses, liabilities, definiciencies, costs, damages and expenses (including without limitation, reasonable attorney fees, charges and disbursements ) incurred by the Licensee as a result of Licensee's use of the CASE Network Registry software, system and services or materials therein.
IMS ASSUMES NO RESPONSIBILITY TO COMPILE, CONFIRM, UPDATE OR MAKE PUBLIC ANY THIRD PARTY ASSERTIONS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT MIGHT BE INFRINGED BY AN IMPLEMENTATION OR USAGE OF THE LEARNING STANDARD. IF ANY SUCH RIGHTS ARE DESCRIBED ON THE LEARNING STANDARD, IMS TAKES NO POSITION AS TO THE VALIDITY OR INVALIDITY OF SUCH ASSERTIONS, OR THAT ALL SUCH ASSERTIONS THAT HAVE OR MAY BE MADE ARE SO LISTED.
IMS may terminate this license for any reason for any Licensee with 180 days written notice. If the License is terminated for any reason, usage of the GUIDS is revoked and the Licensee must cease using the CASE Network and accompanying materials.
Materials Adoption Status
The CASE Network uses the following adoption statuses for designating the accuracy of all materials issued through CASE Network:
Draft. IMS designates materials, i.e., academic standards, frameworks, and other documentation, in CASE Network as “Draft” when the materials have been published and assigned to the appropriate Issuer organization, but the verification process by IMS staff has not been completed.
Verified. IMS designates materials, i.e., academic standards, frameworks, and other documentation, in CASE Network as “Verified” when the materials have been assigned to the appropriate Issuer organization and the review and verification by IMS staff as official materials of that Issuer is complete.
Official. A Registered Issuer designates its organization’s materials, i.e., academic standards, frameworks, and other documentation, in CASE Network as “Official” after the materials have been issued by the Issuer organization and reviewed and verified by Issuer staff as official materials of that Issuer.
Retired. When IMS or Issuer designates materials, i.e., academic standards, frameworks, and other documentation, in CASE Network as “Retired” this means the verified materials are no longer the most current version of the official materials of the Issuer organization.
Deprecated. IMS designates materials, i.e., academic standards, frameworks, and other documentation, in CASE Network as “Deprecated” when the materials are no longer in use.
CASE Network Participant Terms of Service
CASE Network Participant Accounts in IMS are provided free of charge, and available to organizational members. Only organizations may join, individuals are ineligible. CASE Network participation requires that you agree to CASE Network Terms of Service as well as the CASE Network Participant Terms of Service below.
The applicant acknowledges and agrees that, when submitted and accepted by IMS, this application represents a binding contract between the parties and commits the applicant to (i) comply with the CASE Network Terms of Service and (ii) comply with all the terms and conditions of IMS rules and policies, including the Intellectual Property Rights Policy ( http://www.imsglobal.org/ipr/imsipr_policyFinal.pdf), as the Board of Directors and/or committees may from time to time adopt as it relates to IMS particpation and/or membership. Note: Access and Participation do not begin until terms of service are accepted. You may receive an email that your IMS participation renewal is due 60 days prior to your renewal date.
By accepting access to IMS and CASE Network resources, the organization understands that IMS and CASE Network documents and materials are made available for the purposes of the IMS Members and CASE Network Participants only and should not be distributed without the express written consent of IMS. Access to member and/or participant-only materials are provided for the organization's full-time or part-time employees, not subcontractors. Organizations which hire subcontractors that use the IMS work for any commercial purpose other than for the IMS Member organization and/or CASE Network Participant organization exclusively, require the subcontractor to become an IMS member or a CASE Network Participant in order to receive the benefits of the CASE Network and access to IMS resources. In the case of Organization mergers or acquisitions, subsidiaries with independent branding are required to have their own CASE Network participant account or IMS membership. Failure to abide by these conditions will immediately terminate CASE Network Participant access and/or membership (if Organization is an IMS Member).
Achieving and maintaining IMS conformance certification to any IMS standard requires participation in the IMS community. While conformance certification provides a "seal" for passing prescribed tests it is much more than that. It is a commitment by a supplier to the IMS community for ongoing support for achieving "plug and play" integration. Therefore, certification implies ongoing community commitment to resolve problems, revise implementations and retest as needed.
The IMS Logo and Learning Tools Interoperability® (LTI®), Accessible Portable Item Protocol® (APIP®), Question and Test Interoperability® (QTI®), Common Cartridge® (CC®), AccessForAll™, OneRoster™, Caliper Analytics®, SensorAPI® and Competencies and Academic Standards Exchange® (CASE®)are trademarks of IMS Global Learning Consortium, Inc. in the United States and/or other countries. Only IMS members achieving conformance certification may use the IMS trademark relevant to your certification in association with your organization and product. CASE Network Participants who are not IMS Members are not allowed to use the IMS certification logo. Any other use of IMS trademarks, names of specifications or IMS copyrighted materials in connection with an implementation, product or service including any press release or public communication requires prior written approval from IMS. If your CASE Network Participant status or IMS membership terminates you must remove any references to any IMS trademarks as well as any certifications in association with your product(s) or web site.
IN NO EVENT WILL IMS GLOBAL LEARNING CONSORTIUM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF MATERIALS FROM OR PARTICIPATION AS AN IMS MEMBER INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, EVEN IF IMS GLOBAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IMS GLOBAL LEARNING CONSORTIUM DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO USE OF IMS GLOBAL LEARNING CONSORTIUM MATERIALS, INCLUDING ECONOMIC DAMAGES AND LOST PROFITS, REGARDLESS OF WHETHER IMS GLOBAL SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.