1. Parties
This EMUCL license is a grant of permission by authors of educational
material contributed to PEOI, for PEOI to publish, modify, translate
and distribute such educational material for the benefit of third
parties.
1.1. Are understood in the term of author all writers of courses,
editors, translators and instructors who contribute their educational
material, and are independent of PEOI.
1.1.1. Employees of PEOI do not enter into the definition of author
as long as their educational material is created in the exercise
of their duties as PEOI employees.
1.2. PEOI is the recipient of the grant of permission to use the
educational material on its web site. If and when any third party
receives the contributed educational material from PEOI for the
purpose of publishing, modifying, translating or distributing
such educational material, that third party inherits all the rights
and obligations under the present EMUCL license, and the terms
of this EMUCL license applies to it just as they do to PEOI.
1.3. Are understood in third parties all users of PEOI web site
including students, instructors, institutions of higher learning,
employers, government educational authorities and agencies, specifically,
and the general public that reads educational material in PEOI
courses, and for whom PEOI exists. The mere reading, downloading
or copying of contributed educational material does not constitute
a reception of educational material subject to section 1.2 above.
2. Educational material
The educational material covered by this EMUCL license is all
forms of written, graphic, audio, video, statistical or any other
form of content that is transferred by an author to PEOI to be
included in course or other supporting documentation associated
with a course offered by PEOI on its web site. The material can
either be in printed or electronic form.
2.1. Various text and services that accompany a course, such giving
assignments, grading papers, administering tests, maintaining
grades, lecturing and writing research papers that are based on
contributed educational materials do NOT constitute educational
material that is subject to the present EMUCL license.
3. Contribution of educational material
Educational material is contributed to PEOI by the author whenever
such educational material is uploaded, sent as email attachment,
delivered by mail or in person, saved by PEOI editing procedure
or any other method of transferring such educational material
to place it under PEOI control for posting on PEOI web site, AND
the page on which such material appears is marked as being subject
to this EMUCL license with the name of the author stated in the
foreword of the course where such educational material appears.
3.1. Educational material that is not posted for universal use,
such as an assignment or appendix posted by an instructor and
accessible only by students of that instructor, does not constitute
a contributed material subject to this EMUCL license.
4. Purpose
The purpose of this EMUCL license is to establish the rights and
duties of the respective parties - authors and PEOI primarily,
but third parties by extension - for the use of contributed educational
material so that all such contributed material be subject to common
treatment, thus avoiding a large number of disparate agreements
and terms for the various educational material. In other words,
once PEOI meets its obligations by posting educational material
on its web site with appropriate markings, there is no need for
any additional document establishing the grant of permission for
PEOI to use the contributed educational material.
4.1. Since PEOI offers free access to all its educational material,
agreeing to this EMUCL license is similar to placing the educational
material in the public domain, except for the fact that testing,
grade maintenance, research links and going through exercises
are an integral part of using the educational material, and that
can only be preformed on PEOI web site.
4.2. This EMUCL license is intended to facilitate continuous updating,
expansion and improvement of course content without the need to
renegotiate terms of agreements with previous authors.
5. Effective date of EMUCL license
This EMUCL license comes into effect when the educational material
is received by PEOI and is placed on PEOI web site with EMUCL
marked at the top of the web page where such material is present.
The grant of permission conveyed by this EMUCL license is in perpetuity,
unless it can be established that PEOI has broken one or more
of its duties.
6. Scope
The name of this EMUCL license includes the word "universal"
in order to convey the notion that the EMUCL license is applicable
to authors of all courses and form all countries, and access to
educational material on PEOI is for the peoples of all countries.
6.1. If laws of a particular state or country make the present
EMUCL license inapplicable, the EMUCL license remains effective
for all other states and countries.
6.2. All material, be it educational or otherwise, not contributed
to PEOI under this EMUCL license, and consequently, not marked
as such, is not subject to the present EMUCL license.
6.3. To be subject to this EMUCL license, the author must be advised,
and must have read - or be given the opportunity to read - that
the material will be subject to this EMUCL license. In particular
this notification of authors can be carried out by receiving educational
material where the author marks as copyrighted to him subject
to EMUCL, or whenever the PEOI text editing procedure is used
after a check marked is placed in answer to the question whether
the author has read the content of this EMUCL license. In other
words, writing and editing text of PEOI is not possible without
author's check mark that she/he has read the EMUCL license.
7. Duties of PEOI
The duties of PEOI are the following
- receive educational material with authors indication that material
be subject to present EMUCL license (see 6.3.)
- receive educational material from authors with appropriate citations
and completeness and reject educational material that is incomplete
and without source reference
- make all efforts to establish that the material is original
and, that it has not be plagiarized by tracing it to references
cited by the author, if any
- verify that the educational material is appropriate for the
course intended
- obtain peer review of educational material before placing on
web site or integrating it into a course whenever possible
- post a marking of EMUCL on the top of the web page where the
educational material appears
- place the full name of author in foreword of course where the
authors are recognized
- make the educational material accessible and available free
of charge by anyone who wishes to use it for whatever purpose
8. Rights of PEOI
PEOI has the following rights in connection to all contributed
educational material
- publish such educational material on PEOI web page
- edit, modify, update and expand such educational material with
the help of contributions from other authors
- translate educational material
- distribute educational material in part or whole, provided however
that any such transfer be subject for the receiving party to all
the duties that PEOI is obligated to under the present EMUCL license
- utilize the educational material for delivering any PEOI auxiliary
services to students for their completion of courses, such as
testing, grading, advising, as well as lecturing
- allow third parties, such as institutions of higher learning
and employers, to use the educational
material for whatever purpose they desire, except in order to
charge a fee for merely reading, using or delivery such material,
and except in order to place restrictions on the use of such material
9. Duties of authors
Each author has the following duties
- read the content of this EMUCL license prior to contributing
educational material
- creating, writing, compiling, recording or filming material
that is ones own
- disclose all sources used for the creation to establish that
the material was not plagiarized
- transfer educational material by the most effective and convenient
mode for the material to be placed on PEOI web site without distortion
- whenever possible participate in peer reviews of newly contributed
educational material
10- Rights of authors
Each author has the following rights
- have name listed as a contributor to the PEOI course in which
the educational material is included
- have contributed material posted on web pages in a appropriately
prominent manner
- have contributed material edited as needed prior or subsequent
to posting
- receive explanation as why a given contributed material has
not been accepted
- give authors the opportunity to act as instructors for the subject
to which they contributed their educational material
11. Disclaimer as to authenticity of educational material
and duty of third parties
The proof of authenticity of educational material rests with the
author. Authors can establish a presumption of authenticity with
the help of a full disclosure of all sources. PEOI will not in
any case by liable to third party for violation of any copyright,
patent or other property right by any author. Should any third
party determine that such violation has occurred, notification
to PEOI must be made immediately. The only remedy that PEOI is
in a position to offer is to remove the educational material that
has been plagiarized. In no case will PEOI will be liable for
any damages or other payments since PEOI itself does not derive
revenues from the educational material.
12. Disclaimer as to any warranty
Neither any individual author, nor PEOI, offer any warranty as
to accuracy, whether material is up-to-date or fitness for any
particular purpose of any contributed educational material.
13. Change in terms of EMUCL license
Should a change in the terms of the EMUCL license be necessary
all authors must be notified, and must agree to the change. Should
the provision of this EMUCL license not be agreed by one given
author, a separate agreement may be drawn up that author, or her/his
contributed educational material can be removed to the extent
possible. If a separate agreement must be entered with one or
several authors, the EMUCL license with all changes remains in
effect for all the other authors.
13.1. Any change that merely clarifies the clauses of this EMUCL
license does not constitute a change that requires authors' approval.
13.2. Changes that require authors' approval are reflected in
a higher numeral of the version.
13.3. Changes that do not require approval are reflected in higher
decimal of the version.
August 2001