Software Terms of Service
These terms of service govern the use of software tools and applications and associated materials such as documentation and content (each and collectively, “Software”) developed by or in partnership with the Regents of the University of Michigan (“U-M,” “we,” “us,” “our”), a constitutional corporation of the state of Michigan, through U-M’s Center for Academic Innovation.
By your use of Software, you agree to abide by all terms, conditions, and referenced policies contained in these Terms of Service (“Terms”) and all relevant state and federal laws. If you are using Software in your capacity as a U-M employee or student, or have otherwise agreed to be bound by U-M policies, you further agree to abide by U-M’s Proper Use of Information Resources, Information Technology, and Networks Policy (SPG 601.07), Institutional Data Resource Management Policy (601.12), and all other applicable U-M policies, as updated.
Please read these Terms carefully before using Software as these Terms CREATE A BINDING AGREEMENT BETWEEN YOU AND U-M. If you do not understand how these Terms apply to your access to or use of Software, or if you think that your access to or use of Software would be in violation of these Terms, please stop here and do not access or use Software.
BEFORE YOU ACCESS OR USE SOFTWARE, YOU MUST BE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS AS AN INDIVIDUAL. THIS SOFTWARE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER 13, YOU ARE NOT PERMITTED TO USE THIS SOFTWARE.
I. Covered Software
These Terms govern the use of all learning tools and other software listed in the CAI Software Portfolio and all software and applications created under the University of Michigan’s XR Initiative within CAI. Specifically, covered Software includes the following:
- ECoach™ (UM Innovation Partnerships File# 6076)
- GradeCraft™ (UM Innovation Partnerships File# 6664)
- Lettersmith™ (UM Innovation Partnerships File# 2021-218)
- Problem Roulette™ (UM Innovation Partnerships File# 7736)
- Tandem™ (UM Innovation Partnerships File# 2022-418)
- ViewPoint™ (UM Innovation Partnerships File# 7228)
- All Gamut® Suite tools (e.g., Gallery, Workbook, Recommender, Goal Setting, and Write and Revise) (UM Innovation Partnerships File# 2021-016, 2021-018)
- Under the Skin,™ available on Oculus Quest
Additional Software may be covered by these same Terms without being listed above. Rather, users may be directed to these same Terms from separate web pages that host tools that remain under development or have otherwise not been featured on the CAI Software Portfolio or XR Initiative webpages. Users may also be directed to these Terms through unique notices that ask users to agree to these Terms when creating new accounts.
Finally, these Terms also apply through incorporation when referenced as part of other terms of service and agreements associated with the use of learning experiences supported by the Center for Academic Innovation or its partners when such experiences incorporate Software.
II. Our License to You
Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Software solely for noncommercial research and education purposes.
III. Limitations, Restrictions, and Code of Conduct
- You agree to use Software only for your sole and exclusive, noncommercial research and educational use and shall not disclose, sell, license, or otherwise distribute Software, in whole or in part, either directly or indirectly, to any third party without the prior written consent of U-M. You may not use Software as part of any revenue-generating activities.
- You shall not use, print, copy, translate, reverse engineer, decompile, disassemble, modify, create derivative works of or publicly display Software, in whole or in part, unless expressly authorized by these Terms. Furthermore, you shall not use the Software to harm, threaten, or harass another person, organization, or U-M and/or to build similar services, software, or websites.
- No ownership rights of U-M in Software are conferred upon you by these Terms. U-M retains all rights and interests in Software and reserves all rights not expressly granted under these Terms. You agree to secure and protect Software in a manner consistent with the maintenance of U-M’s rights in Software.
- Any use or access by anyone under the age of 13 is prohibited.
- Certain countries and regions may have additional technological or legal restrictions or requirements that may limit an impacted user’s access to and use of Software.
- You are responsible for all data and content that you access from or create using the Software.
- You will not share passwords or other access information or devices or otherwise authorize any third party to access or use Software on your behalf.
- You will not engage in unlawful, illegal, or fraudulent activity, including, without limitation, by engaging in unauthorized access or unauthorized use of Software or any accounts, computers, or networks related to Software.
- You will not use Software to make available any unsolicited or unauthorized advertising or promotional materials.
- Unless indicated to you separately in writing by U-M, you will not use any robot, spider, site search/retrieval application, or other manual or automated process to access, retrieve, scrape, or index any portion of Software.
- You will not record, process, or mine information about other users or creators of Software.
- You will not damage, disrupt, interfere with, diminish, or render inaccessible or unusable the Software or others’ equipment or software or others’ data, or attempt to do so, or encourage or assist others to do so.
- You will not initiate a denial of service attack against Software or release a virus, trojan horse, worms or other malware or spyware.
- You will not use Software to perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
- You will not use Software to abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- You will not use Software to libel or defame others.
- You will not use Software to make available any content that is vulgar or obscene.
- You will abide by reasonable administrative directives issued from time to time concerning the access or use of Software.
IV. User Content
- You are solely responsible for all video, audio, images, text, and other content uploaded, transmitted, or created by you through or with Software (“User Content”). You represent and warrant that you own or have a license to use your User Content, and that this User Content does not violate the law or infringe, misappropriate or violate the rights, including intellectual property rights, of any other person or entity. You must remove any User Content if you no longer have the rights to such User Content. U-M has no obligation to monitor User Content and is not liable to you or to any other person or entity for any content, information or misinformation contained in any User Content. Notwithstanding the foregoing, U-M reserves the right to remove User Content without notice if it deems, in its sole discretion, that User Content is in violation of the terms of these Terms. You are solely responsible for saving, storing and otherwise maintaining copies of User Content to prevent loss.
- You grant U-M a fully paid-up non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, re-format, rearrange, distribute, and create derivative works of any User Content provided to or through Software. This license includes U-M being able to perform research related to the effectiveness of Software, evaluating the performance of users, and making Software available to users.
- You grant U-M as well as other users a non-exclusive right to modify and adapt User Content that you have submitted for educational purposes consistent with any additional terms set forth in a course syllabus, as applicable.
- If you provide U-M with any suggestions, ideas, feedback, reports, error identifications or other similar information related to Software (“Feedback”), you hereby assign to U-M all right, title and interest in and to all Feedback, including all intellectual property rights therein, and shall assist U-M in perfecting such rights and obtaining assignments of such rights from all individuals involved in generating the Feedback. In instances where U-M uses Feedback to enhance Software in any way, you will not be considered an “Inventor” pursuant to the University of Michigan Technology Transfer Policy (SPG 303.04).
- U-M enforces copyright law and protects its own as well as the rights of others. If a copyright holder has a concern regarding the unauthorized use of copyrighted material on Software or any site on the umich.edu network, please contact U-M’s designated Digital Millennium Copyright Act (DMCA) agent, Sol Bermann, using the contact information provided below. U-M will only process complaints that are sent to the email address below, which has been registered with the U.S. Copyright Office.
Executive Director of Information Assurance and Chief Information Security Officer
University of Michigan
950 Victors Way, Suite 10
Ann Arbor, MI 48108-5218
The DMCA specifies that all infringement claims must be in writing (either email or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- Description of the copyrighted work claimed to have been infringed, including URL of any web site;
- Description of the material that is claimed to be infringed with information sufficient to permit the university to locate the material;
- Contact information for the owner or agent, including name, address, telephone number, and email address;
- A statement that the copyright holder or authorized agent has a good faith belief that use of the copyrighted material complained of is not authorized by the copyright owner, agent or the law; and
- A statement made under penalty of perjury that the information in the notification is accurate.
V. Disclaimer of Warranty and Limitation of Liability
- SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. U-M DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. U-M shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from these Terms or use of the Software, even if U-M has been or is hereafter advised of the possibility of such damages. Because some states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to you. In no event, however, will U-M be liable to you, under any theory of recovery.
- You agree that U-M has no obligation to provide to you any maintenance, support, or update services. Should U-M provide any revised versions of Software to you, you agree that these Terms shall apply to such revised versions.
You agree to hold U-M and its affiliates, agents, employees, and licensors harmless from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to Software, your use of Software, your violation any law or regulation, your violation of any proprietary or privacy right, or your violation of these Terms.
VII. Suspension and Termination
If you at any time fail to abide by these Terms, U-M shall have the right to immediately and without prior notice suspend or terminate your access to applicable Software granted herein, require the return or destruction of all copies of such Software from you and certification in writing as to such return or destruction, and pursue any other legal or equitable remedies available. You acknowledge that if your access to and/or use of Applicants is suspended or terminated, it is possible that you may no longer have access to the content that you created.
VIII. Changes to Terms
U-M reserves the right to update and revise these Terms at any time. U-M will change the “Effective Date” at the top of this page so you can determine if the terms of this Agreement have changed since your last visit. You should routinely check the web page to find out if any changes have been made that affect your use of Software. Unless otherwise specified, changes made to these Terms will be effective when they are posted to the web page. IF YOU DO NOT AGREE WITH ANY CHANGES THAT HAVE BEEN MADE, YOU MUST TERMINATE YOUR USE OF SOFTWARE.
U-M may monitor your use of Software to assess compliance with the terms of these Terms.
- These Terms shall be construed in accordance with the laws of the state of Michigan. Should you for any reason bring a claim, demand, or other action against U-M, its agents or employees, arising out of these Terms or Software licensed herein, you agree to bring said claim only in the Michigan Court of Claims.
- You acknowledge that Software is of United States origin. You agree to comply with all applicable international and national laws that apply to Software, including the United States Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States. You warrant that you are not individually or by association a named person or entity on any government sanctions list, including but not limited to the U.S. Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons list and that you will immediately discontinue your use of Software if you are placed on such a list. You further warrant that you will not export, re-export, or transfer Software to a person or entity on a government sanctions list and will not use Software in a manner prohibited by laws in your local jurisdiction or those otherwise applicable.
- Unless otherwise exempt therefrom, you agree that you will be responsible for any sales, use or excise taxes imposed by any governmental unit in this transaction, when applicable, except income taxes.
- THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND U-M AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS AND OTHER COMMUNICATIONS, VERBAL OR WRITTEN, BETWEEN THEM WITH RESPECT TO USE OF SOFTWARE. THIS AGREEMENT MAY BE MODIFIED ONLY WITH THE MUTUAL WRITTEN APPROVAL OF AUTHORIZED REPRESENTATIVES OF THE PARTIES.
Last update: October 27, 2022