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HomeMy WebLinkAboutBYU Independent Study High School SuiteAgreement ID: Bonneville Online – Sept. 25th, 2023 BYU INDEPENDENT STUDY HIGH SCHOOL SUITE License Agreement Licensee Name: [Bonneville Online ] (the “Licensee”) Effective Date: September 25th, 2023 (the “Effective Date”) This High School Suite License Agreement (this “Agreement”) is entered into as of the Effective Date listed above, by and between Brigham Young University, a Utah nonprofit institution of higher education (“BYU”), and Licensee. BYU Independent Study High School Suite (“High School Suite”) is a robust catalog of online secondary education courses which are developed and owned by BYU and are accessible through the Agilix Buzz learning management system (the “LMS”). Licensee desires to access and use certain BYU Independent Study High School Suite online courses identified in this Agreement. BYU Independent Study courses offered by BYU are distinct from courses offered by Licensee, even when Licensee makes use of High School Suite content and/or courses. Use of High School Suite confers no accreditation, equivalency, or transferability of Licensee’s offerings whatsoever. Licensee is not a partner or collaborator with BYU. Licensee is solely responsible to secure any accreditation, equivalency, or transferability of Licensee courses, notwithstanding use of High School Suite content. The parties now wish to set out the balance of the terms and conditions by which BYU licenses Licensee to access and use High School Suite online courses. Therefore, in consideration for the mutual agreements contained herein, the parties agree to the terms and conditions specified in the following documents, which are incorporated in this Agreement by reference: Schedule A: General Terms and Conditions Schedule B: Course List Schedule C: Confidential Pricing Sheet and Course Delivery Plan THE UNDERSIGNED HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE PREAMBLE AND THE SCHEDULES LISTED ABOVE. BRIGHAM YOUNG UNIVERSITY By: Carolyn Andrews Associate Dean (“Authorized Representative”) BYU Continuing Education HCEB 419 Provo, UT 84604 carolyn_andrews@byu.edu LICENSEE By: Board Chair Bonneville S. D. #93 3385 E. Iona Rd. Idaho Falls, ID 83401 telfordc@d93.k12.id.us Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule A SCHEDULE A GENERAL TERMS AND CONDITIONS This Schedule A establishes the general terms and conditions under which BYU agrees to license the Courses to Licensee. The parties agree as follows: 1. License. 1.1 Use of Courses. “Courses” means the High School Suite online courses listed in Schedule B, including updates to the courses as may be created by BYU from time-to-time at its sole discretion. “Authorized Users” means Licensee’s teachers, administrators, staff, and students who teach, administer, or enroll in Licensee’s online educational program. Neither Licensee nor its Authorized Users, nor any third party, are permitted to access or use the Courses for any purpose not described in this Agreement. 1.2 Grant of Rights. Subject to the terms and conditions of this Agreement, BYU hereby grants Licensee a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license during the Term for the Authorized Users to access and use the Courses as part of Licensee’s online educational program (the “License”). The License is valid only to the extent that Licensee complies with Licensee’s obligations and responsibilities in accordance with this Agreement. 1.3 License Restrictions. 1.3.1. Licensee shall not directly or indirectly make the Courses available to any third party other than the Authorized Users. 1.3.2. Licensee shall not grant any Authorized User or third party right to share, resell, distribute or sub- license the Courses or their availability, access, or use. 1.3.3. Licensee shall not reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Courses or allow any Authorized User or third party to do so. 1.3.4. Licensee shall not allow the removal, alteration, covering or obscuring of any notice or mark that appears on the Courses, except as expressly provided for in this Agreement. 1.3.5. Licensee shall in no way imply that Licensee’s academic or educational offerings are of any particular status, quality, or value by virtue of Licensee’s license to the Courses. 1.3.6. Licensee shall not imply any relationship with BYU other than that of a licensee of the Courses. Nothing in this license shall be construed as an acknowledgment or endorsement by BYU of Licensee as accredited or for any other purpose. 1.4 Intellectual Property Ownership. Except for the license rights expressly granted in this Agreement and any intellectual property owned or controlled by third parties (“Third-Party IP”) contained therein, BYU retains ownership of, and all right, title and interest in and to the Courses, their constituent elements, any updates or modifications made by BYU, and any trademark associated with the Courses. Licensee shall make good faith efforts to cooperate with BYU in the protection of BYU’s intellectual property rights, at BYU’s reasonable request. This Agreement does not grant Licensee any rights to license, use and/or exploit any Third-Party IP. 1.5 Confidential Information. 1.5.1. “Confidential Information” means all confidential or proprietary, or trade secret information and material of BYU, of a technical, economic, financial, or business nature, whether or not (a) reduced to writing or other tangible form and (b) marked as “confidential” or “proprietary,” that BYU has disclosed or does disclose to Licensee in connection with this Agreement. Confidential Information does not, however, include any information or material that, as is shown by competent evidence in Recipient’s possession: (a) was publicly known and made generally available prior to the time of disclosure by BYU; (b) becomes publicly known and made generally available after disclosure by BYU to Licensee through no action or inaction of Licensee; (c) is already in the possession of Licensee at the time of disclosure by BYU as shown by Licensee’s written records prior to the time of disclosure; (d) is obtained by Licensee from a third party without a breach of such third party’s obligations of confidentiality; or (e) is independently developed by Licensee without use of or reference to BYU’s information, as shown by Recipient’s written records. 1.5.2. Except as expressly authorized herein, Licensee shall hold in confidence and not (a) disclose Confidential Information to any person or entity other than agents of Licensee bound by the provisions of this Section with a need to know the Confidential Information for the purposes contemplated by this Agreement; or (b) use any Confidential Information for any purpose other than the purposes contemplated by this Agreement. Licensee shall promptly notify BYU of any items of Confidential Information impermissibly disclosed or used. 1.5.3. Within thirty days of termination of this agreement or written request of BYU, Licensee shall return all Confidential Information received from BYU and shall destroy or erase all copies of the Confidential Information Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule A in its possession. Upon request of BYU, Licensee shall provide a written certificate issued by its representative certifying that such Confidential Information and copies thereof have been returned, destroyed, or erased. 1.5.4. Licensee agrees that any violation or threatened violation of this Section may cause irreparable injury to BYU, entitling the other party to seek injunctive relief in addition to all legal remedies. 1.5.5. The rights and obligations of this Section 1.5 survive termination of this Agreement. 1.6 Course Customization. The License granted herein includes the right for Licensee to make modifications and additions to the Courses in order to customize the Courses to Licensee’s unique needs (“Customizations”) subject to the following conditions: 1.6.1. Customizations may be used only by the Authorized Users. 1.6.2. Licensee agrees that BYU has no responsibility or liability with respect to Customizations and agrees to indemnify BYU against all claims or losses arising therefrom. 1.6.3. Licensee shall not use or allow access to any Customizations following the expiration or termination of this Agreement. 1.6.4. Licensee shall obtain any and all necessary licenses or permissions for any Third-Party IP associated with Customizations. 1.6.5. Licensee agrees that, except for Third-Party IP, all Customizations and derivatives of any kind to the Courses made pursuant to this Agreement or otherwise, and all rights, rights of authorship, copyrights, trademarks and all other intellectual property rights arising therefrom or otherwise associated therewith are exclusively owned by BYU, and Licensee hereby assigns and agrees to assign such works and rights to BYU. 1.6.6. Licensee shall not modify or use the Courses in a way that implies BYU’s endorsement of the Customizations, or that is (in BYU’s view) unfavorable to BYU’s interests or derogatory to BYU, its affiliates, or anyone associated with the Courses. 2. Licensor and Licensee Relationship. 2.1 Independent Contractors. The parties are and shall remain independent contractors. Nothing in this Agreement shall be deemed to establish a partnership, joint venture, agency, or employment relationship between the parties. Neither party has or shall have the right or authority to bind or obligate the other party to any third party in any manner. 2.2 No Conferred Accreditation or Equivalency. 2.2.1. Licensee, not BYU, is the academic credit- granting institution for the Courses and other educational offerings Licensee offers. 2.2.2. BYU Independent Study courses offered by BYU are distinct from courses offered by Licensee, even when Licensee makes use of High School Suite courses in Licensee’s educational offerings. 2.2.3. Use of High School Suite content or the Courses confers no accreditation, equivalency, or transferability whatsoever to Licensee’s courses or other educational offerings, whether in relation to BYU diploma- granting programs or to any other secondary or post- secondary institution. 2.2.4. As between the parties to this Agreement, Licensee is solely responsible to secure any accreditation, equivalency, or transferability of Licensee’s institution(s), course(s), and other educational offering(s), notwithstanding use of High School Suite content and/or the Courses. 2.2.5. BYU may, in its sole discretion, provide reasonable logistical assistance to Licensee in Licensee’s efforts toward accreditation, equivalency, and/or transferability, which assistance may include providing information to Licensee regarding any accreditation of the Courses that is then current. 2.2.6. Licensee is not permitted to state or imply that any academic or course credit conferred by Licensee to an Authorized User or any other party is transferable or acceptable into any BYU diploma-granting program unless by virtue of either (a) accreditation of Licensee and its educational offerings by an accreditor that is nationally recognized in the United States and according to BYU policy, as updated from time to time; or (b) acceptance by authorized BYU personnel of an equivalency determination made by IERF or SpanTran, at Licensee’s or the Authorized User’s expense, and in accordance with BYU policy, as updated from time to time. 2.3 No Partnership. Licensee is not a partner or collaborator institution with BYU, academically or in any other sense. Licensee is not permitted to state or imply that BYU has partnered with Licensee toward the obtaining of any academic credit, certificate, diploma, or other academic credential by any Authorized User or other party. 2.4 No Policy Exceptions. Nothing in or related to this Agreement shall be deemed to establish any exception to any BYU policy. 3. Services. 3.1 Course Delivery and Updates. Within a reasonable amount of time after the Effective Date, BYU will deliver Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule A the Courses and updates to the Courses as described in Schedule C. 3.2 Support Services. BYU will provide technical support for curriculum-related issues with the Courses, which may, at BYU’s sole discretion, include a customer care manager assigned to Licensee and a customer support helpline during normal business hours on weekdays. BYU is not responsible for providing any support services related to the LMS or any third-party learning management system. Licensee must seek LMS technical support from the LMS provider. 3.3 Course Maintenance. BYU will provide reasonable maintenance of the Courses, excluding any Customizations. A quality assurance team approves each course before it is made active and a corrections team can usually resolve any problem found in a course within 48 hours. 3.4 Training Services. If requested by Licensee and agreed to by BYU, then for an additional fee specified in Schedule C, BYU will provide online training to instruct Licensee’s teachers, administrators, and staff on the implementation and use of the Courses. 4. Licensee’s Obligations. 4.1 Payment. In exchange for the License and associated services listed in Sections 1 and 2, Licensee will make payments to BYU according to the terms specified in Schedule C. If charges incurred are not paid by the due date and if, for the purposes of collecting the amount due, BYU should retain an attorney or collection agency, Licensee must pay all costs of collection including reasonable interest, reasonable attorney's fees, and reasonable collection agency fees, which may be based on a percentage at a maximum of 40% of the debt. BYU or its agent may contact Licensee by email or cell phone in an effort to collect the debt. BYU or its agent may use automated telephone dialing equipment or artificial or pre- recorded voice messages in their efforts to contact Licensee. Licensee may withdraw its consent for BYU or its agent to use automated telephone dialing equipment or artificial or prerecorded voice messages by providing notice of such request to BYU. BYU may report delinquent accounts to one or more of the national credit reporting agencies. 4.2 Withdrawal Policy. Licensee will not be charged for enrolled students who are withdrawn within 14 days of creating the enrollment; however, Licensee must first notify BYU that it has changed the student’s enrollment status to “Withdraw” or “Withdraw/Fail” within those 14 days. Enrollments withdrawn after 14 days will not be refunded, nor will they result in credit. 4.3 Compliance with Law and Policy. Licensee shall comply with all laws, regulations, accreditation policies, and BYU policies applicable to: (i) the Courses, and access and use thereof; (ii) Authorized Users, including their data privacy and security; and (iii) all activities of Licensee that relate to this Agreement in any way. Licensee’s obligations in this Section 3 apply worldwide and in every individual jurisdiction in which Licensee or any Authorized User may reside and/or act in any way related to this Agreement. 4.4 Authorized User Consent. BYU’s Privacy Notice, as updated from time to time in BYU’s sole discretion, shall apply to any personal data shared with or obtained by BYU in connection with this Agreement. Licensee shall obtain from Authorized Users the appropriate consents, as required by any law, regulation or policy in any jurisdiction in which Licensee may act or operate and in any jurisdiction in which any Authorized User may reside, access or use the Courses, or otherwise act, in order for BYU to lawfully receive, access, use, or otherwise process personal data of Authorized Users. Licensee is responsible to ensure that Authorized Users receive all appropriate notice(s) with respect to their data privacy and security. 4.5 Course Instruction. As between the parties to this Agreement, Licensee is solely responsible for teaching the Courses to Licensee’s students. Licensee bears the costs associated with such teaching and is solely responsible for ensuring that teaching is provided by teachers with the certification and endorsements required by law. 4.6 Course Mentors. As between the parties to this Agreement, Licensee is solely responsible for providing support and mentorship to Licensee’s students. Mentors may be anyone other than the teacher (for example, a counselor, academic advisor, parent, etc.) to motivate and encourage each student to complete the courses in which the student is enrolled. 4.7 Credit Recovery Courses. Licensee shall ensure no misuse of credit recovery courses, i.e., that any credit recovery courses are available only to Authorized Users who are repeating an original credit course. 4.8 Course Corrections. Licensee will communicate with BYU to request corrections needed for the Courses within a reasonable time and BYU will make reasonable efforts to make requested corrections if warranted, in BYU’s sole discretion. 4.9 Software Requirements. As between the parties to this Agreement, Licensee is solely responsible to ensure that Licensee and Authorized Users are equipped with hardware and software necessary to access and use the Courses. Some of the Courses may require the installation of third-party software applications on the Authorized Users’ computers and/or use of other third-party solutions. Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule A Licensee assumes all liability and responsibility to Authorized Users in connection with Licensee’s LMS compatibility support, hardware, and any third-party software or other solutions. 4.10 Indemnification. Licensee shall indemnify, hold harmless, and defend BYU, its officers, employees, volunteers, and agents from and against any and all claims, causes of action, liabilities, obligations, losses, damages, (including punitive damages), settlement payments, costs and expenses (including reasonable attorney’s fees), interest, awards, judgments, diminution in value, fines, fees, penalties, or other charges arising out of or relating to Licensee’s breach of this Agreement or the negligence, violation of law or policy, infringement of intellectual property rights, or willful misconduct of the Licensee or any of its officers, employees, volunteers, or agents. 5. BYU Name and Trademarks. Licensee shall not use BYU’s name or trademarks or any adaptation thereof, or the names of any of BYU’s officers, employees or agents, in any advertisement, promotion, sales literature, or otherwise without BYU’s express prior written consent by the Authorized Representative of BYU (which may be given electronically) for each individual usage, except that Licensee may: (i) state that the Courses are licensed to Licensee from BYU, (ii) refer Authorized Users and others to other BYU offerings in accordance with this Agreement, and (iii) promote the benefits of the Courses. 6. Term and Termination. 6.1 Term. The term of this Agreement commences on the Effective Date and continues in effect for three years (the “Term”). Upon expiration of the Term, without any renewal of this Agreement, all access to the Courses will promptly cease. The Term may be renewed for an additional three-year term only by separate written agreement of the parties, in a document signed by Licensee’s authorized representative and BYU’s Authorized Representative, before expiration of the Term. 6.2 Termination for Cause. Either party may suspend performance or terminate this Agreement upon written notice to the other party if the other party is reasonably perceived to be in material breach of any provision of this Agreement and has failed to cure, or take reasonable steps to cure, that breach within 15 days after receipt of written notice thereof. Upon the expiration or termination of this Agreement for cause, all access to the Courses will promptly cease and a final accounting will be made between the parties. 6.3 Termination without Cause. This Agreement may be terminated by either party at any time and without cause upon 30 days’ written notice to the other party. Upon the termination of this Agreement without cause, Licensee must cease all further enrollments in the courses by Licensee’s students and a final accounting will be made between the parties and Licensee shall promptly pay all amounts due to BYU. However, Licensee may continue to use the Courses to the extent necessary for Licensee’s students already enrolled in courses to complete them. Upon completion of pending courses by students who are enrolled at the time of termination of this Agreement without cause, all access to the Courses will promptly cease. 7. Warranty. 7.1 Scope of Warranty. BYU warrants to Licensee the fitness of the Courses for the particular purpose set forth in this Agreement but for no other purpose. BYU makes no representations or warranties of any kind that the Courses or accompanying documentation, or any products or results of the use thereof, will operate without interruption, be compatible or work with any software, system or other services except if and to the extent expressly set forth in the documentation provided by BYU, or be error free. 7.2 Remedies. BYU’s entire liability, and Licensee’s exclusive remedy in the event of a breach of the foregoing warranty is performance by BYU of the support services set forth in Section 2.2. The foregoing limited warranty is void if failure of the Courses results from (i) accident, abuse, or misapplication attributable to Licensee’s actions or inactions, (ii) use of the Courses in violation of this Agreement, or (iii) use of the Courses in combination with any other product or software not expressly specified in detail in this Agreement. For the foregoing warranty to apply, Licensee must promptly provide written notice to BYU that describes with specificity the problem with the Courses. 8. LIMITATION OF LIABILITY. IN NO EVENT SHALL BYU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS INFORMATION) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BYU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYU’S MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE COURSES DURING THE THEN- Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule A EXISTING TERM OF THIS AGREEMENT FROM WHICH THE CLAIM ARISES. 9. Other Parties. 9.1 No Third-Party Benefit. The parties do not confer any rights or remedies upon any person or entity other than the parties to this Agreement, their respective successors, and their permitted assigns, if any. 9.2 No Third-Party Relationship. Nothing in this Agreement or any transaction between the parties should be interpreted to imply or indicate that any other person or entity is a party to this Agreement. For clarity, even if (i) Licensee is also a licensee of any person or entity other than BYU, and/or (ii) BYU or Licensee cooperates in any way with any person or entity other than the other party to this Agreement, and/or (iii) any other agreement refers to or asserts incorporation of or into this Agreement, no relationship between a party to this Agreement and any other person or entity may be interpreted to modify any provision of this Agreement. Similarly, except as expressly provided herein, this Agreement may not be interpreted to imply or indicate any relationship between any other person or entity and BYU. 9.3 Non-Exclusivity. Nothing in this Agreement restricts in any way BYU’s right to license the Courses and all other content, and to provide any and all services, to any person or entity. 10. Entire Agreement. This Agreement constitutes the final and exclusive agreement between the parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement, whether written or oral, are expressly merged into and superseded by this Agreement. This Agreement cannot be amended except by a writing signed by the Authorized Representative of BYU and an authorized representative of Licensee. 11. Miscellaneous 11.1 Assignment/Delegation. No benefit inuring to Licensee under this Agreement may be assigned, and no duty imposed on Licensee may be delegated, without the prior written consent of BYU’s Authorized Representative. 11.2 Notices. Any notices given under this Agreement are sufficient if given in writing by personal delivery, U.S. mail, or electronic mail addressed to the respective party at its business address. Such notices are deemed to have been given on the day when actually received by the party to whom the notice is given. 11.3 Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision is severed from the Agreement and the remaining provisions remain in effect if the essential business and legal provisions remain valid, binding, and enforceable. 11.4 Governing Law and Submission to Jurisdiction and Venue in Utah. The laws of the State of Utah, without giving effect to its conflicts of law principles, and the laws of the United States, govern all matters arising under and relating to this Agreement, including torts. The parties submit to the jurisdiction of and venue in the federal and state courts located within the State of Utah. Any legal action arising out of or related to this Agreement, including torts, must be initiated exclusively in the federal courts of the United States located in Salt Lake City, Utah, or the courts of the State of Utah located in Utah County. 11.5 Force Majeure. Delay in performance or nonperformance in whole or in part by BYU is not a breach of this Agreement if the delay or nonperformance is not the result of BYU’s intentional or negligent acts or omissions but results from causes, whether foreseeable or not foreseeable, beyond the reasonable control of BYU such as but not limited to war, flood, lightning, drought, earthquake, fire, volcanic eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion, civil disturbance, act of God or the public enemy, terrorist act, military action, epidemic, pandemic, famine, plague, government action, strike, or other labor difficulty. Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule B SCHEDULE B COURSE LIST This Schedule B provides a complete list of the BYU Independent Study High School Suite courses licensed to Licensee through this Agreement. ACC-041-CR: Accounting AEROB-045-CR: Aerobics ALG-041-CR: Pre-Algebra, Part 1 ALG-043-CR: Pre-Algebra, Part 2 ALG-051-CR: Algebra 1, Part 1 ALG-053-CR: Algebra 1, Part 2 ALG-055-CR: Algebra 2, Part 1 ALG-057-CR: Algebra 2, Part 2 APCALC-061-CR001: AP Calculus AB Part 1 APCALC-063-CR001: AP Calculus AB Part 2 APCALC-065-CR001: AP Calculus BC Part 1 APGOV-061-CR: AP U.S. Government APHIST 061: AP U.S. History, Part 1 APHIST 062: AP U.S. History, Part 2 APHIST-063-CR: AP World History, Part 1 ART-031-CR: Introduction to Art ART-041-CR: Art Foundations, Part 1 ART-043-CR: Art Foundations, Part 2 ART-045-CR: Drawing ART-051-CR: Calligraphy ART-059-CR: Introduction to Commercial Art ART-061-CR: Digital Photography AUTO-043-CR: Automotive Basics BCOM-041-CR: Business Communications BIOL-041-CR: Biology, Part 1 BIOL-043-CR: Biology, Part 2 BIOL-049-CR: Human Anatomy BLAW-041-CR: Business Law BMATH-041-CR: Business and Consumer Math, Part 1 BMATH-043-CR: Business and Consumer Math, Part 2 BMRKT-041-CR: Marketing BOWL-041-CR: Bowling CHEM-041-CR: Chemistry, Part 1 CHEM-043-CR: Chemistry, Part 2 CHEM-061-CR: Honors Chemistry, Part 1 CHEM-063-CR: Honors Chemistry, Part 2 CHILD-041-CR: Child Development, Part 1 CHILD-043-CR: Child Development, Part 2 CHILD-051-CR: Preparing for Responsible Parenthood CLOTH-041-CR: Clothing Construction CLOTH-047-CR: Clothing Fashion Fundamentals CTECH-041-CR: Computer Technology CYCLE-041-CR: Cycling EARTH-041-CR: Earth Science, Part 1 EARTH-043-CR: Earth Science, Part 2 EARTH-051-CR: Astronomy EARTH-055-CR: Meteorology ECON-041-CR: Economics ENGL-031-CR: Seventh-Grade English, Part 1 ENGL-033-CR: Seventh-Grade English, Part 2 ENGL-035-CR: Eighth-Grade English, Part 1 ENGL-037-CR: Eighth-Grade English, Part 2 ENGL-041-CR: Ninth-Grade English, Part 1 ENGL-043-CR: Ninth-Grade English, Part 2 ENGL-045-CR: Tenth-Grade English, Part 1 ENGL-047-CR: Tenth-Grade English, Part 2 ENGL-051-CR: Eleventh-Grade English, Part 1 ENGL-053-CR: Eleventh-Grade English, Part 2 ENGL-055-CR: Twelfth-Grade English, Part 1 ENGL-057-CR: Twelfth-Grade English, Part 2 ENGN-041-CR: Small Engine Repair ENVRN-041-CR: Environmental Science FINL-041-CR: Financial Literacy FIT-041-CR: Fitness or Living FIT-045-CR: Lifetime Weight Control FIT-049-CR: Fitness for Sports and Recreation FOODS-041-CR: Food and Nutrition, Part 1 FOODS-043-CR: Food and Nutrition, Part 2 FREN-041-CR: First-year French 1, Part 1 FREN-043-CR: First-year French 1, Part 2 FREN-053-CR: Second-year French 2, Part 2 GEOG-041-CR: World Geography: The Forces That Shape Our World GEOM-041-CR: Geometry, Part 1 GEOM-043-CR: Geometry, Part 2 GERM-041-CR: First-Year German, Part 1 GERM-043-CR: First-Year German, Part 2 GERM-051-CR: Second-Year German, Part 1 GERM-053-CR: Second-Year German, Part 2 GOLF-041-CR: Golf GOVT-041-CR: American (U.S.) Government and Citizenship GOVT-043-CR: Applied American (U.S.) Government and Citizenship GOVT 051: Honors United States Government and Citizenship GSCI-031-CR: Seventh-Grade Science, Part 1 GSCI-033-CR: Seventh-Grade Science, Part 2 GSCI-035-CR: Eighth-Grade Science, Part 1 GSCI-037-CR: Eighth-Grade Science, Part 2 GUITR-041-CR: Beginning Guitar HIST-041-CR: United States History to 1877 HSS CREDIT RECOVERY COURSES Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule B HIST-043-CR: United States History from 1877 HIST-052-GS002-CR: Northwest History- WA State HIST-053-CR: Alaskan History HIST-062-CR: World History: Eastern Hemisphere HIST-064-CR: World History: Western Hemisphere HIST-065-CR: World History: Europe and Russia HLTH-031-CR: Health Education HLTH-041-CR: Health Education, Part 1 HLTH-042-CR: Health Education, Part 2 HLTH-043-CR: Eating Disorders and Basic Nutrition HLTH-045-CR: Drug Use and Abuse INTDE-041-CR: Interior Design JAPAN-041-CR: First-year Japanese, Part 1 JAPAN-043-CR: First-year Japanese, Part 2 JAPAN-051-CR: Second-Year Japanese, Part 1 JAPAN-053-CR: Second-Year Japanese, Part 2 JOG-041-CR: Jogging KOREA-041-CR: First-Year Korean, Part 1 KOREA-043-CR: First-Year Korean, Part 2 KOREA-051-CR: Second-Year Korean, Part 1 KOREA-053-CR: Second-Year Korean, Part 2 LIT-045-CR: Understanding Literature LIT-047-CR: Advanced Literature Comprehension LIT-051-CR: Bible as Literature LIT-061-CR: Science Fiction Literature MATH-031-CR: Seventh-Grade Mathematics, Part 1 MATH-033-CR: Seventh-Grade Mathematics, Part 2 MATH-035-CR: Eighth-Grade Mathematics, Part 1 MATH-037-CR: Eighth-Grade Mathematics, Part 2 MATH-051-CR: Secondary Mathematics 1, Part 1 MATH-052-CR: Secondary Mathematics 1, Part 2 MATH-053-CR: Secondary Mathematics 2, Part 1 MATH-054-CR: Secondary Mathematics 2, Part 2 MATH-055-CR: Secondary Mathematics 3, Part 1 MATH-056-CR: Secondary Mathematics 3, Part 2 MEDIC-051-CR: Medical Terminology MUSIC-041-CR: Introduction to Music OCCUP-041-CR: Preparing for Health Occupations PHSCS-041-CR: Physics, Part 1 PHSCS-043-CR: Physics, Part 2 PHYS-041-CR: Physical Science PIANO-041-CR: Beginning Piano PRECALC-041-CR: Pre-Calculus, Part 1 PRECALC-043-CR: Pre-Calculus, Part 2 READ-033-CR: Reading Comprehension, Part 1 READ-035-CR: Reading Comprehension, Part 2 READ-041-CR: Speed Reading READ-045-CR: Reading Comprehension READ-049-CR: Recreational Reading READ-051-CR: Reading Around the World REAL-041-CR: Life Preparation RUSS-041-CR: First-Year Russian, Part 1 RUSS-043-CR: First-Year Russian, Part 2 RUSS-051-CR: Second-Year Russian, Part 1 RUSS-053-CR: Second-Year Russian, Part 2 SELFG-041-CR: Personal Freedom: How to Gain Control of Your Life SELFG-043-CR: Project Self Discovery SELFG-047-CR: Dating: Romance and Reason SELFG-049-CR: Essential Life Skills SELFG-051-CR: Leadership SELFG-055-CR: Study Skills SELFG-057-CR: Education and Career Planning SOCSC-041-CR: Current Events SPAN-041-CR: First-Year Spanish, Part 1 SPAN-043-CR: First-Year Spanish, Part 2 SPAN-051-CR: Second-Year Spanish, Part 1 SPAN-053-CR: Second-Year Spanish, Part 2 SPAN-061-CR: Third-Year Spanish, Part 1 SPAN-063-CR: Third-Year Spanish, Part 2 STDEV-051-CR: Online Prep: Tools for Success SWIM-043-CR: Intermediate Swimming TEN-041-CR: Tennis TRIG-041-CR: Trigonometry USA-041-CR: Character of America: Documents and Symbols USA-043-CR: Character of America: The People WALK-041-CR: Walking Fitness WRIT-041-CR: English Usage WRIT-043-CR: Technical Writing WRIT-045-CR: Creative Writing WRIT-047-CR: Writing Poetry WRIT-049-CR: Journalism WTRNG-041-CR: Weight Training XPLR-041-CR: Character Education: Exploring Values, Part 1 XPLR-043-CR: Character Education: Exploring Values, Part 2 XPLR-045-CR: Character Education: Exploring Values, Part 3 Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule B ACC 041: Accounting ACT-051: ACT Preparation AEROB 045: Aerobics ALG 041: Pre-Algebra, Part 1 ALG 043: Pre-Algebra, Part 2 ALG 051: Algebra 1, Part 1 ALG 053: Algebra 1, Part 2 ALG 055: Algebra 2, Part 1 ALG 057: Algebra 2, Part 2 APBIO 059: AP Biology, Part 1 APBIO 060: AP Biology, Part 2 APCALC 061: AP Calculus AB Part 1 APCALC 063: AP Calculus AB Part 2 APCALC-065: AP Calculus BC Part 1 APGOV 061: AP Government APHIST 061: AP U.S. History, Part 1 APHIST 062: AP U.S. History, Part 2 APHIST-063: AP World History, Part 1 APPSY-059: AP Psychology, Part 1 APPSY-060: AP Psychology, Part 2 ARAB 041: First-Year Arabic, Part 1 ARAB 043: First-Year Arabic, Part 2 ARAB 051: Second-Year Arabic, Part 1 ARAB 053: Second-Year Arabic, Part 2 ART 031: Introduction to Art ART 041: Art Foundations, Part 1 ART 043: Art Foundations, Part 2 ART 045: Drawing ART 051: Calligraphy ART 059: Introduction to Commercial Art ART 061: Digital Photography AUTO 043: Automotive Basics BCOM-041: Business Communications BIOL 041: Biology, Part 1 BIOL 043: Biology, Part 2 BIOL 049: Human Anatomy BLAW 041: Business Law BMATH 041: Business and Consumer Math, Part 1 BMATH 043: Business and Consumer Math, Part 2 BMRKT 041: Marketing BOWL 041: Bowling CHEM 041: Chemistry, Part 1 CHEM 043: Chemistry, Part 2 CHEM 061: Honors Chemistry, Part 1 CHEM 063: Honors Chemistry, Part 2 CHILD 041: Child Development, Part 1 CHILD 043: Child Development, Part 2 CHILD 051: Preparing for Responsible Parenthood CLOTH 041: Clothing Construction CLOTH 047: Clothing Fashion Fundamentals COMMS 051: Public Speaking CS 041: Computer Science, Part 1 CS-043: Computer Science, Part 2 CTECH 041: Computer Technology CYCLE 041: Cycling EARTH 041: Earth Science, Part 1 EARTH 043: Earth Science, Part 2 EARTH 051: Astronomy EARTH 055: Meteorology ECON 041: Economics ENGL 031: Seventh-Grade English, Part 1 ENGL 033: Seventh-Grade English, Part 2 ENGL 035: Eighth-Grade English, Part 1 ENGL 037: Eighth-Grade English, Part 2 ENGL 041: Ninth-Grade English, Part 1 ENGL 043: Ninth-Grade English, Part 2 ENGL 045: Tenth-Grade English, Part 1 ENGL 047: Tenth-Grade English, Part 2 ENGL 051: Eleventh-Grade English, Part 1 ENGL 053: Eleventh-Grade English, Part 2 ENGL 055: Twelfth-Grade English, Part 1 ENGL 057: Twelfth-Grade English, Part 2 ENGN 041: Small Engine Repair ENVRN 041: Environmental Science FINL 041: Financial Literacy FIT-041: Fitness for Living FIT 045: Lifetime Weight Control FIT 049: Fitness for Sports and Recreation FOODS 041: Food and Nutrition, Part 1 FOODS 043: Food and Nutrition, Part 2 FREN 041: First-Year French, Part 1 FREN 043: First-Year French, Part 2 FREN 051: Second-Year French, Part 1 FREN 053: Second-Year French, Part 2 GARD 041: Home Gardening GEOG 041: World Geography GEOM 041: Plane Geometry, Part 1 GEOM 043: Geometry, Part 2 GERM 041: First-Year German, Part 1 GERM 043: First-Year German, Part 2 GERM 051: Second-Year German, Part 1 GERM 053: Second-Year German, Part 2 GOLF 041: Golf GOVT 041: American (U.S.) Government and Citizenship GOVT 043: Applied American (U.S.) Government and Citizenship GOVT 051: Honors United States Government and Citizenship GSCI 031: Seventh-Grade Science, Part 1 GSCI 033: Seventh-Grade Science, Part 2 GSCI 035: Eighth-Grade Science, Part 1 GSCI 037: Eighth-Grade Science, Part 2 HSS ORIGINAL CREDIT COURSES Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule B GUITR 041: Beginning Guitar HIST 041: United States History to 1850 HIST 043: United States History from 1851 HIST 057: History of the American West HIST 062: World History: Eastern Hemisphere HIST 064: World History: Western Hemisphere HIST 065: World History: Europe and Russia HIST 066: World Civilizations HLTH 031: Health Education HLTH 041: Health Education, Part 1 HLTH 042: Health Education, Part 2 HLTH 043: Eating Disorders and Basic Nutrition HLTH 045: Drug Use and Abuse INFOP 041: Keyboarding INTDE 041: Interior Design, Part 1 JAPAN 041: First-Year Japanese, Part 1 JAPAN 043: First-Year Japanese, Part 2 JAPAN 051: Second-Year Japanese, Part 1 JAPAN 053: Second-Year Japanese, Part 2 JOG 041: Jogging KOREA 041: First-Year Korean, Part 1 KOREA 043: First-Year Korean, Part 2 KOREA-051: Korean 2, Part 1 KOREA-053: Korean 2, Part 2 LATIN 041: First-Year Latin, Part 1 LATIN 043: First-Year Latin, Part 2 LATIN 051: Second-Year Latin, Part 1 LATIN 053: Second-Year Latin, Part 2 LIT 045: Understanding Literature LIT 047: Advanced Literature Comprehension LIT 051: Bible as Literature LIT 061: Science Fiction Literature MATH 031: Seventh-Grade Mathematics, Part 1 MATH 033: Seventh-Grade Mathematics, Part 2 MATH-035: Eighth-Grade Mathematics, Part 1 MATH-037: Eighth-Grade Mathematics, Part 2 MATH 051: Secondary Mathematics I, Part 1 MATH 052: Secondary Mathematics I, Part 2 MATH 053: Secondary Mathematics II, Part 1 MATH 054: Secondary Mathematics II, Part 2 MATH 055: Secondary Mathematics III, Part 1 MATH 056: Secondary Mathematics III, Part 2 MEDIC-051: Medical Terminology MUSIC 041: Introduction to Music OCCUP 041: Preparing for Health Occupations PHSCS 041: Physics, Part 1 PHSCS 043: Physics, Part 2 PHYS 041: Physical Science PIANO 041: Beginning Piano PRECALC-041: Pre-Calculus, Part 1 PRECALC-043: Pre-Calculus, Part 2 READ 033: Reading Comprehension, Part 1 READ 035: Reading Comprehension: Understanding Literature, Part 2 READ 041: Speed Reading READ 045: Reading Comprehension READ 049: Recreational Reading READ 051: Reading around the World REAL 041: Life Preparation RUSS 041: First-Year Russian, Part 1 RUSS 043: First-Year Russian, Part 2 RUSS 051: Second-Year Russian, Part 1 RUSS 053: Second-Year Russian, Part 2 SELFG 041: Personal Freedom SELFG 043: Project Self-Discovery SELFG 047: Dating: Romance and Reason SELFG 049: Essential Life Skills SELFG 051: Leadership SELFG 055: Study Skills SELFG 057: Education and Career Planning SOCSC 041: Current Events SOCSC 051: Sociology SOCSC 055: Psychology SOCST 033: Survey Of World History, Part 1 SOCST 034: Survey Of World History, Part 2 SOCST 035: United States History, Part 1 SOCST 036: United States History, Part 2 SOCST 037: United States History, Part 3 SOCST 038: United States History, Part 4 SPAN 041: First-Year Spanish, Part 1 SPAN 043: First-Year Spanish, Part 2 SPAN 051: Second-Year Spanish, Part 1 SPAN 053: Second-Year Spanish, Part 2 SPAN 061: Third-Year Spanish, Part 1 SPAN 063: Third-Year Spanish, Part 2 SWIM 043: Intermediate Swimming TEN 041: Tennis TRIG 041: Trigonometry, Part 1 USA 041: Character of America: Documents and Symbols USA 043: Character of America: The People WALK 041: Walking Fitness WRIT 041: English Usage WRIT 043: Technical Writing WRIT 045: Creative Writing WRIT 047: Writing Poetry WRIT 049: Journalism WTRNG 041: Weight Training XPLR 041: Character Education: Exploring Values, Part 1 XPLR 043: Character Education: Exploring Values, Part 2 XPLR 045: Character Education: Exploring Values, Part 3 Agreement ID: Bonneville Online – Sept. 25th, 2023 Schedule C SCHEDULE C CONFIDENTIAL PRICING SHEET (CONCURRENT STUDENT USER LICENSE OPTION) Concurrent Student User License: The concurrent Student User license option is based on the number of simultaneous students using the Courses (“Student Users”) and is not dependent on student location. With the concurrent license option, Student Users have unlimited access to original credit, blended learning, and credit recovery versions of the Courses. For example, if a school or school district purchased 100 concurrent Student User licenses, it could have up to 100 of its Student Users logged in concurrently. If more than 100 Student Users are logged in simultaneously on a consistent basis, the district would need to purchase additional concurrent Student User licenses. License Fees: In exchange for the License and associated services listed in Sections 1 and 2 of Schedule A, Licensee will make payment(s) to BYU (the “License Fees”) according to the Pricing Table below and as otherwise specified herein. CONCURRENT STUDENT USER LICENSE FEE PRICING TABLE Quantity Description Unit Price Total 600 Number of Concurrent Student Users $100 $60,000 Implementation training $0 TOTAL due by: Oct. 25th, 2023 $60,000 Payment of License Fees: For invoicing purposes, Licensee will complete and submit prior to the Effective Date the online “High School Suite Application for Credit Form” found at the link below. https://mepipqzxdt.formstack.com/forms/hss_credit_application_form Additional Student Users: If Licensee’s total number of Concurrent Student Users exceeds the maximum number in the Pricing Table above, Licensee must purchase an additional concurrent Student User license for each additional concurrent Student User annually for the duration of the three-year Term. Training Services: Upon Licensee’s request and for an additional fee, BYU will provide online training to instruct Licensee’s teachers, administrators, and staff on the implementation and use of the Courses. Training options and corresponding fees are listed in the Training Pricing Table below. Payment for all training services is due to BYU within 30 days of receipt of the invoice for such services. TRAINING SERVICES INFORMATION Training Option Fee Initial half-day of online training on the implementation and use of the courses $500 Follow-up online training on the implementation and use of the Courses $150/hour This confidential pricing sheet is for the sole use of the intended recipient(s) and contains confidential proprietary information. Any unauthorized review, use, disclosure, or distribution is prohibited without the written consent of BYU.