Professional Education Organization International
PEOI

Educational Material Universal Common License
EMUCL

version 0.0

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