Use Agreement of the MERLOT Metadata
The undersigned requests access to MERLOT Web Services from the Multimedia Educational Resource
for Learning and Online Teaching (MERLOT) project for exclusive use from within
MERLOT’s LMSA partner’s LMS. A prerequisite to the acceptance of this MERLOT Use
Agreement is our acceptance of the LMS licensing agreement between us (the customer) and
the MERLOT LMSA partner. In the event of conflicting terms between the LMSA partner’s
licensing agreement and this MERLOT Use Agreement, the MERLOT Use Agreement terms
shall prevail.
MERLOT grants a non-exclusive, limited license to use MERLOT Web Services subject to the
following:
In accepting access to MERLOT metadata via MERLOT Web Services,
our organization/institution/system/campus agrees to the following:
1. Distribution: Our organization/institution/system/campus is eligible to receive access to
MERLOT Web Services because our organization/institution/system/campus has already
agreed to MERLOT’s LMSA partner’s LMS service agreement. MERLOT Web Services are for
use within our organization/institution/system/campus only, and MERLOT metadata are not to
be harvested. We agree to ensure that others within our organization/institution/system/campus
who receive access to MERLOT metadata and Web Services understand this agreement and
will abide by its terms.
2. Usage: Access to MERLOT metadata via MERLOT Web Services can be used by our
organization/institution/system/campus for any non-commercial purpose. MERLOT metadata
may not be used to create projects that compete with MERLOT. If an
organization/institution/system/campus terminates its agreement with MERLOT’s LMSA partner
with whom this agreement was initially executed, use of the MERLOT Web Services must also
end, or an alternative Use Agreement must be developed and approved by MERLOT.
3. Ownership: The MERLOT Web Services have been developed by the MERLOT project and
California State University. Copyright for the MERLOT Web Services is held by The California
State University. Copyright for the MERLOT Metadata is held by the California State University
and MERLOT Metadata submitter.
4. Warranty: MERLOT Web Services is provided "as is" without warranty against software
errors, and without guarantee of fitness for any particular purpose. Neither the California State
University System nor MERLOT’s LMSA partner shall be liable for any direct, indirect,
incidental, special, or consequential damages that may result from use of MERLOT Web
Services or metadata.
5. Technical Support: Our organization/institution/system/campus acknowledges that the
MERLOT organization will provide only minimal technical support. Bug reports and feature
requests should be sent to info@webmaster.org. Our organization/institution/system/campus
also acknowledges that MERLOT’s LMSA partner shall not be obligated to provide any support
of the MERLOT Web Services.
6. Modification of MERLOT metadata: Any modifications of the MERLOT metadata, or derivative
works based on the MERLOT metadata are subject to the same distribution, usage, and other
terms and conditions expressed in this Use Agreement. Modified or derivative works must
contain appropriate attribution to the MERLOT Project as a source.
7. Privacy. Our organization/institution/system/campus authorizes MERLOT’s LMSA partner
and the California State University System to use any personal information provided under this
Use Agreement to provide the services described herein and to determine our compliance with
this Use Agreement and the LMS license agreement.
