NON-EXCLUSIVE COPYRIGHT LICENSE
This is an Non-Exclusive Copyright License (“License”) between the Colorado Education Initiative, a Colorado nonprofit corporation exempt from taxation under Internal Revenue Code § 501(c)(3) (“Owner”), and the named Licensee (“Licensee”).
For good and valuable consideration, the receipt of which Licensee hereby acknowledges, the parties agree as follows:
- Grant of License. Subject to the terms of this License, Owner hereby grants to Licensee permission to copy, reproduce, display, distribute and incorporate into derivative works, in any media, commencing on the Effective Date, copies of the copyright work(s) [INSERT NAME OF WORK HERE, EX “COLORADO’S STUDENT PERCEPTION SURVEY”] incorporated herein by reference (“Copyrighted Works”). Licensee acknowledges and agrees that the Owner is the sole and exclusive owner of the Copyrighted Works and all rights therein under United Sates and international law and conventions. The Copyright Owner hereby reserves all rights not expressly granted herein, including without limitation, the right to copy, distribute, publish, display or modify the Copyrighted Works, and to transfer, assigned or grant license of any such rights.
- Restricted Use. Licensee may only utilize the Copyrighted Works for non-commercial purposes. The License is not assignable by Licensee and cannot be expanded or modified except upon the express written consent of Owner.
- Acknowledgment. Licensee hereby acknowledges and agrees that whenever Licensee reproduces the Copyrighted Works, in whole or in part, it shall include the following statement: “Reproduced with the permission of the Colorado Education Initiative, a Colorado nonprofit organization that collaborates with the Colorado Department of Education (CDE), schools and districts across the state to accelerate achievement for all Colorado students.”
a) This License shall be governed solely by Colorado law. In the event of any dispute between the parties arising out of this License, the parties expressly consent to the sole and exclusive jurisdiction and venue in the appropriate federal or state court in Denver, Colorado and waive all rights to any change in jurisdiction and venue. In addition to any remedies at law, in the event Licensee breaches this License, Owner shall be entitled to pursue and obtain all equitable remedies, including injunctive relief and the immediate revocation of the License. In any action between the parties action arising out of this Agreement, the prevailing party shall recover from the other party its reasonable attorneys’ fees and costs in addition to all other recovery and relief.
b) This License may be executed in separate faxed or .pdf counterparts, each of which shall be an original and all of which, when taken together, shall constitute one instrument notwithstanding that all parties have not executed the same counterpart.
The parties hereto have executed this License on the dates set forth below, to be effective as of the Effective Date.