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HomeMy WebLinkAboutBYU Independent StudyAgreement lD: Bonneville Online - August 1, 2021 BYU INDEPENDENT STUDY HIGH ScHooL SUITE License Agreement The Customer Name:Bonnev∥:e On:ine(the″customer) Effective Date:August l,2021(the′`Effective Date") This BYU lndependent Study 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 the Customer. BYU lndependent Study 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 Customer desires to access and use certain BYU lndependent Study High School Suite online courses identified in this Agreement. The parties now wish to set out the balance of the terms and conditlons by which BYU licenses the Customer to access and use BYU lndependent Study 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: 6eneral Terms and Conditions Schedule B: Course List Schedule C: Confidential Pricing Sheet THE UNDERS:GNED HEREBY ACKNOWLEDGE AND AGREETO THETERMS AND COND!T10NS OF THIS AGREEMENT′lNCLUDING THE TERMS AND CONDIT10NS OF THE SCHEDULES L:STED A30VE. BR:GHAM YOUNG UNIVERSITY CUSTOMER By:By: BYU Continuing Education 419 HCEB Provo′UT 84602 carolyn_andrews@byu edu Bonnev∥leS D #93 3385 Elona Rd ldaho Fa∥s′ID 83401 telfordc@d93k12 id us Carolyn A.-Andrews, Associate Dean Agreement lD: Bonneville Online - August 1, 2021 SCHEDUTE A GENERAT TERMS AND CONDITIONS (AGTUX BUZZ LMS) This Schedule A establishes the general terms and conditions under which BYU agrees to license the Courses to the customer. The parties agree as follows: 1. Definitions. 1,1 "Courses" means the BYU lndependent Study HiSh 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. 1.2 "Authorized Users" means the Customer's teachers, administrators, staff, and students who teach, administer or enroll in the customer's online educational program. 1.3 "LMS" means the Agilix Buzz Learning Management System. 2. License and Services. 2.1 Grant of Rights. Subject to the terms and conditions of this Agreement, BYU hereby grants the Customer a non-exclusive, non-t ra nsfera ble, non- sublicensable, revocable, North American license during the Term for the Authorized Users to access and use the Courses as part of the Customer's online educational program (the "License"). 2.2 License Restrictions. The Customer shall not directly or indirectly: (a) make the Courses available to any third party other than the Authorized Users; (b) grant any Authorized User or third party right to share, resell, distribute or sub-license the Product; (c) 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 the same; or, (d) allow the removal, alteration, covering or obscuring of any notice or mark that appears on the Courses. 2.3 lntellectual Property Ownership. Except for the license rights expressly provided herein, 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. Customer shall make good faith efforts to cooperate with BYU in the protection of BYU'S intellectual property rights, at BYU'S reasonable request. To the extent the Courses contain intellectual property owned or controlled by third parties ('Third-Party lP"), BYU does not claim an ownership right in it, nor does this Agreement grant customer any rights to license, use and/or exploit it, beyond those otherwise addressed in this Agreement 2.4 Course Customization. The License granted herein includes the right for Customer to make modifications and additions to the Courses in order to customize the Courses to the Customer's unique needs ("Customizations") subject to the followinB conditions: (a) Customizations may only be used by the Authorized Users; (b) the customer agrees that BYU has no responsibility or liability for any reason with respect to Customizations; (c) the Customer shall not use any Customizations following the expiration or termination of this Agreement; (d) the Customer shall obtain any and all necessary licenses or permissions for any Third-Party lP associated with Customizations; (e) the Customer agrees that, except for Third-Party lP, 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 shall be exclusively owned by BYU, and the Customer hereby assigns and agrees to assign such works and rights to BYU; and (f) the Customer shall not modify or use the Courses in a way that implies BYU's endorsement of the Customizations, or that is derogatory to BYU, its affiliates, or anyone associated with the Cou rses. 2.5 course Delivery and Updates. Within a reasonable amount of time afterthe Effective Date, BYU shall deliver the courses and updates to the courses as described in Schedule C- 2.6 Support Services. BYU shall provide technical support for curriculum-related issues, including a customer care manager assigned to the Customer and a customer support helpline during normal business hours on weekdays. The Customer must seek LMS technical support from the LMS provider. 2,7 Cource Maintenance. BYU shall 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. 2.8 Training Services. Upon the Customer's request, and for an additionalfee specified in Schedule C, BYU shall provide online training to instruct the Customer's teachers, administrators, and staff on the implementation and use of the Cou rses. Schedule A 3. The Customer's Obligations. 3.1 Payment. ln exchange for the License and associated services listed in Section 2, the Customer shall make payments to BYU according to the terms specified in Schedule C. lf 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, the Customer 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 the customer by email or cell phone in an effort to collect the debt. BYU or its agent may use automated telephone dialing equ ipment or artificial or pre- recorded voice messages in their efforts to contact the Customer. The Customer may withdraw its consent for BYU or its agent to use automated telephone dialing equipment or artificialor 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. 3.2 Withdrawal Policy. The Customer will not be charged for enrolled students who are withdrawn within 14 days of creating the enrollment; however, the Customer must first change the student's enrollment status to "Withdraw" or "Withdraw/Fail" on the Agilix Buzz website within those 14 days. Enrollments withdrawn after 14 days will not be refunded, nor will they result in credit. 3.3 Course lnstruction. The Customer is solely responsible for teaching the Courses to the Customer's students. The Customer 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. 3.4 Course Mentors. The Customer shall provide a mentor, 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. 3.5 Academic Credit. The Customer acknowledges and agrees that the Customer is the academic credit-granting institution for the Courses taught to its students, not BYU. 3.6 Credit Recovery Courses. The Customer shall ensure that credit recovery courses (if applicable) are only available to students who are repeating an originalcredit course. 3.7 Course Corrections. The Customer shall communicate with BYU to request corrections needed for the Courses within a reasonable time and BYU shall make reasonable efforts to make requested corrections if warranted. Agreement lD: Bonneville Online - A ug[st 7,2O2L 3.8 Software Requirements. Some of the Courses may require the installation of third-party software applications on the Authorized Users'computers. Such applications are free and downloadable from the software provider to the Authorized Users. 4. BYU Name and Trademarks. The Customer 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 express prior written consent from BYU for each individual usage, except that the Customer may state that the Courses are licensed to the Customer from BYU. 5. Term and Termination. 5.1 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 only by separate written agreement of the parties. 5.2 Termination for Cause. Either party may suspend performance or terminate this Agreement immediately upon written notice to the other party if the other party is reasonably perceived to be in material breach of any provision ofthis Agreement and has failed to cure, ortake 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 finalaccounting will be made between the parties. 5.3 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, all further enrollments in the courses by the Customer's students must cease and a final accounting will be made between the parties and the Customer shall promptly pay all amounts due to BYU. However, the Customer may continue to use the Courses on the LMS domain so that the Customer's students already enrolled in courses may complete them. Upon completion of pending courses by currently enrolled students, all access to the Courses will promptly cease. 5. Warranty. 6,1 Scope of Warranty, ByU warrants to the Customer 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 Schedule A 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. 5.2 Remedies. BYU's entire liability, and the Customer'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 2.6. The foregoing limited warranty is void iffailure ofthe Courses results from (i) accident, abuse or misapplication attributable to the Customer's actions or inactions, (ii) use ofthe Courses in violation of this Agreement, or (iii) use of the Courses in combination with any other product or software not specified in this Agreement. For the foregoing warranty to apply, the Customer must promptly provide written notice to BYU that describes with specificity the problem with the Courses. 7. LIMITATION OF TIABILITY. IN NO EVENT WILL 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 LO55 OF BUSINESS INFORMATION) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BYU HAS BEEN ADVISED OF THE POSSIBILIW OF SUCH DAMAGES. BYU'5 MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE COURSES DURING THE THEN-EXISTING TERM OF THIS AGREEMENT FROM WHICH THE CLAIM ARISES. 8. Miscellaneous. 8.1 Assignment/Delegation. No benefit inuring to the Customer under this Agreement may be assigned, and no duty imposed on the Customer may be delegated, without the prior written consent of BYU. 8.2 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 address shown on the first cover page of this Agreement. Such notices are deemed to have been given on the day when actually received by the party to whom the notice is given. 8.3 lndependent Contractors. The parties agree that they are independent contractors and nothing in this Agreement may be deemed to establish a joint venture, partnership, agency, or employment relationship between Agreement lD: Bonneville Online - August 1, 2021 the parties. Neither party has the right or authority to assume or create any obligation or responsibility on behalf of the other. 8.4 Severability. Despite any provision of this Agreement that is held to be invalid or unenforceable, the validity, legality and enforceability of all other provisions of this Agreement between the parties are not affected or impaired in any way. 8.5 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 and 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, or the courts of the State of Utah located in Utah County. 8.6 Force Maieure. 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, famine or plague, government action, or industry-wide, region-wide or nationwide strike or other labor difficulty. 8.7 Entire Agreement. This Agreement sets forth the entire understanding between the parties and supersedes all other written or oral agreements made by or on behalf of the parties regarding the Courses. This Agreement cannot be amended except by a writing signed by both parties. Schedule A Agreement:D:Bonnev∥le On!ine―August l′2021 SCHEDULE B COURSE LiST This Schedule B provides a complete l:st ofthe BYU:ndependent Study High School Suite courses∥censed to the Customerthrough this Agreement. ACC-041‐CR:Accounting AEROB-045‐CR:Aerobics ALG-041‐CR:Pre―Algebra′Part l ALG‐043‐CR:Pre―Algebra′Parヒ2 ALG‐051-CR:Algebra l′Part l ALG-053-CR:Algebra l′Part 2 ALG-055-CR:Algebra 2′Part l ALG-057-CR:A!gebra 2′Part 2 APCALC-061‐CR001:AP Calculus AB Part l APCALC-063-CR001:AP Calculus AB Part 2 APCALC‐065-CR001:AP Calculus BC Part l APGOV-061-CR:AP UoS.Government APH:S丁 061:AP U.S.History′Part l APHIS丁 062:AP UoS.History′Part 2 APH!S丁 -063-CR:AP World History′Part l AR丁 -031-CR:lntroduction to Art AR丁 -041‐CR:Art Foundations′Part l AR丁 -043‐CR:Art Foundations′Part 2 AR丁 -045-CR:Drawing AR丁 -051-CR:Ca∥igraphy AR丁 -059-CR:lntroduction to Commercial Art AR丁 ‐061-CR:Digital Photography AU丁 0-043-CR:Automotive Basics BcorИ _o41-CR:Business Communications B!OL-041-CR:Blology′Part l B:OL-043-CR:Biology′Part 2 310L-049‐CR:Human Anatomy BLAW-041-CR:Business Law BMATH‐041-CR:Business and Consumer Math′Part l BMAttH‐043-CR:Business and Consumer Math′Part 2 BMRK丁 ‐041‐CR:Marketing BOWL-041-CR:Bowling CHEM-041-CR:Chemistry7 Part l CHEM-043-CR:Chemistry,Part 2 CHEM-061-CR:Honors Chenlistry,Part l CHEM-063-CR:Honors Chemistry′Part 2 CHiLD-041-CR:Chi:d Deve!opment′Parヒ1 CHiLD‐043-CR:Child Development′Part 2 CHiLD-051-CR:Preparing for Responsible Parenthood CLOttH-041‐CR:Clothing Construction CLOttH-047‐CRI Clothing Fashion Fundamentals CTECH‐041-CR:Computerttechnology CYCLE-041-CR:Cycling EARttH-041-CR:Earth Science′Part l EARttH-043‐CR:Earth Science′ParL 2 EARttH-051-CR:Astronomy EARTH-055‐CR:Meteorology ECON-041-CR:Economics ENGL-031-CR:Seventh―Grade Eng∥sh′Part l ENGL-033-CR:Seventh―Grade Eng∥sh′Part 2 ENGL‐035-CR:Eighth―Grade English′Part l ENGL‐037-CR:Eighth―Grade English′Part 2 ENGL-041-CRI Ninth―Grade English′Part l ENGL-043-CR:Ninth―Grade English′Part 2 ENGL-045-CR:丁 enth―Grade Eng∥sh′Part l ENGL-047‐CR:Tenth‐Grade English′Part 2 ENGL-051-CR:Eleventh―Grade Engiish′Part l ENGL‐053-CR:Eleventh―Grade English′Part 2 ENGL‐055-CR:Twelfth―Grade English′Part l ENGL-057-CR:Twelfth―Grade English′Part 2 ENGN-041-CR:Sma∥Engine Repair ENVRN-041‐CR:Environmental Science FINL‐041-CR:Financial Literacy FI丁 -041-CR:Fitness or Living F:T-045‐CR:Lifetimeヽ Veight Control F:丁 -049-CR:Fitness for Sports and Recreation F00DS‐041-CR:Food and Nutrition′Part l F00DS‐043‐CR:Food and Nutrition′Part 2 FREN-041-CR:First―vear French l,ParL l FREN-043‐CR:First―vear French l′Parヒ2 FREN‐053-CR:Second¨year French 2,Part 2 GEOG-041-CR:World Geography:丁 he Forces tthat Shape Our World GEOM-041-CR:Geometry,Part l GEOM-043‐CR:Geometry′Part 2 G[RM-041-CR:First―Year German′Part l GERM-043-CR:First―Year German′Part 2 GERM-051-CR:Second―Year German′Part l GERM-053-CR:Second―Year German′Part l GOLF-041‐CR:Golf GOVT-041-CR:Amettcan(U.S.)Government and Citizenship GOVT-043-CR:Applied American(U.S.)Government and Citizenship GOVT 051:Honors United States Government and Citizenship GSC卜 031‐CR:Seventh‐Grade Science′Part l GSC卜 033-CR:Seventh―Grade Science′Part 2 GSCI-035-CR:Eighth―Grade Science′Parヒ1 GSC卜 037-CR:Eighth―Grade Science′Part 2 Schedu!eB HSS CRED:丁 RECOVERY COURSES GUITR-041-CR: Beginning Guitar HIST-041.-CR: United States History to L877 H|ST-043-CR; United States History from L877 HIST-052-GS002-CR: Northwest History- WA State HlST-053-CR: Alaskan History H15T-062-CR: World History: Eastern Hemisphere HIST-064-CR: World History: Western Hemisphere HI5T-065-CR: World History: Europe and Russia H LTH-03l-CR: Health Education HLTH-04l-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: lnterior 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 lapanese, 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 L KOREA-o53-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 Fistion 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: lntroduction to Music OCCU P-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 AgreementlD:Bonnev∥le Onhne―August l,2021 READ-033-CR:Reading Comprehenslon,Part l READ‐035-CRI Reading Comprehension,Part 2 READ‐041-CRI 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‐CRI First―Year Russian′Part l RUSS‐043-CR:First‐Year Russian′Part 2 RUSS‐051-CR:Second‐Year Russian,Part l RUSS-053-CRI Second―Year Russian,Palt 2 SELFG‐041‐CR:Personal Freedom:How to Gain Control of Your Life SELFG-043-CR:ProleCt Self Discovery SELFG‐047‐CR:Dating:Romance and Reason SELF6-049-CR:Essential Life Sk∥ls SELFG‐051-CR:Leadership SELFG-055-CR:Study Sk∥ls SELF6-057-CR:Education and Career Planning SOCSC‐041‐CR:Current Events SPAN-041-CR:First―Year Spanish,Part l SPAN-043-CR:First‐Year Spanish′Part 2 SPAN-051-CR:Second―Year Spanish,Part l SPAN-053-CR:Second―Year Spanish,Part 2 SPAN-061‐CR:Third―Year Spanish,Part l SPAN‐063-CR:Third‐Year Spanish,Part 2 STDEV-051‐CR:Online prep:Tools for Success SWIM 043‐CR:!ntermediate 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 VVALK-041‐CR:Walking Fitness WRll■041-CR:English usage VVRIT-043-CR:Technical VVriting WR11■045-CRI Creative Writing WRIT-047‐CR:Writing Poetry WRI■049-CR:Journansm WrRNG-041-CR:Weight Training XPLR-041-CR:Character Education:Exp10ring Values, Pan l XPLR-043-CRI Character Education:Exp10ring Values′ Part 2 XPLR-045‐CR:Character Education:Exp10ring Values, Part 3 Schedule B lD: Bonneville Online - Au ACC 041: Accounting ACT-05 1 : 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,Part2 ALG 055: Algebra 2,Part1- ALG 057: Algebra 2,Part2 APBIO 059: AP Biology, Part 1 APBIO 060: AP Biology, Part 2 APCALC 061: AP Calculus AB Part L APCALC 053: 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 APH15T-063: AP World History, Part 1 APPSY-059: AP Psychology, Part 1 APPSY-050: 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 03L: lntroduction to Art ART 04L: Art Foundations, Part 1 ART 043: Art Foundations, Part 2 ART 045: Drawing ART 051: Calligraphy ART 059: lntroduction 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 L 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 L 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 , Part2 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 GOW 041: American (U.S.) Government and Citizenship GOW 043: Applied American (U.S.) Government and Citizenship GOW 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 L GSCI 037: Eighth-Grade Science, part 2 Schedule B HSS ORIGINAL CRED:T COURSES GUITR 041:Beginning Guitar HIST 041:United States History to 1850 HIST 043:United States History from 1851 HiST 057:History ofthe American West H!ST 062:World History:Eastern Hemisphere HIST 064:World History:VVestern Hemisphere HIST 065:World History:Europe and Russia HIST 066:World CiviHzations HLTH 031:Health Education HLTH 041:Health Education′Part l HLTH 042:Health Education,Part 2 HLTH 043:Eating Disorders and Basic Nutrition HLTH 045:Drug use and Abuse lNFOP 041:Keyboarding lNTDE 041:lnterior Design,Part l JAPAN 041:First―YearJapanese,Part l JAPAN 043:First‐YearJapanese,Part 2 JAPAN 051:Second YearJapanese′Part l JAPAN 053:Second―YearJapanese,Part 2 JOG 041:Jogging KOREA 041:First―Year Korean,Palt l KOREA 043:First‐Year Korean,Part 2 KOREA-051:Korean 2,Part l KOREA-053:Ko「ean 2,Part 2 LATIN 041:First‐Year Latin,Part l LATIN 043:First―Year Latin,Part 2 LATIN 051:Second―Year Latin,Part l 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 l MATH 033:Seventh―Grade Mathematics,Part 2 MATH-035:Eighth‐Grade Mathematics,Part l MATH‐037:Eighth―Grade Mathematics,Part 2 MATH 051:Secondary Mathematics L Part l MATH 052:Secondary Mathematics t Part 2 MATH 053:Secondarv Mathematics lし Part l MATH 054:Secondary Mathematicslし Part 2 MATH 055:Secondary Mathematics"し Part l MATH 056:Secondary Mathematics∥しPart 2 AД EDIC-051:Medical Terminology MuSIC 041:lntroduction to Music OCCUP 041:Preparing for Health Occupations PHSCS 041:Phvsics,Part l PHSCS 043:Physics,Part 2 PHYS 041:Physical Science PIAN0 041:Beginning Piano PRECALC-041:Pre―Calculus,Part l PRECALC‐043:Pre―Calculus,Part 2 AgreementlD:Bonnevile On∥ne―August l,2021 REA0 033:Reading Comprehension′Part l 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 l RUSS 043:First‐Year Russian,Part 2 RUSS 051:Second―Year Russlan′Part l RUSS 053:Second―Year Russlan,Part 2 SELF6 041:Personal Freedom SELFG 0431 Prolect Sel「Discovery SELFG 047:Dating:Romance and Reason SELFG 049:Essential Life Sk∥ls SELFG 051:Leadership SELFG 055:Study Sk∥Is SELFG 057:Education and Career Planning SOCSC 041:Current Events SOCSC 051:Sociology SOCSC 055:Psychology SOCST 033:Survey Of Worid History′Part l SOCST 034:Survey Of World History,Part 2 50CST 035:United States History,Part l SOCST 036:United States History,Part 2 SOCST 037:United States History,Part 3 SOCST 038:U nited States History,Part 4 SPAN 041:First―Year Spanish,Part l SPAN 043:First―Year Spanish′Part 2 SPAN 051:Second‐Year Spanlsh,Part l SPAN 053:Second―Year Spanish,Part 2 SPAN 061:Third―Year Spanish,Part l SPAN 063:Third―Year Spanish,Part 2 SVVIM 043:lntermediate Swimming TEN 041:Tennis TOEFL 1500:Test of English as a Foreign Language Preperation TR,6041:TrigonOmetry,Part l USA 041:Character of America:Documents and Symbols uSA 043:Character of Americal The People VVALK 041:Walking Fitness V′RIT 041:Eng∥sh Usage WRIT 043:Technical Writing WRIT 045:Creative Writing VVRIT 047:VVriting Poetry VVRIT 049:Journa∥sm WTRNG 041:Weight Training XPLR 041:Character Education:Exploring Values′Part l XPLR 043:Character Education:Explo「ing Values,Part 2 XPLR 045:Character Education:Exploring Values,Part 3 Schedule B Agreement lD: Bon neville Onli ne - Augu sl L, 202t SCHEDULE C CONFIDENTIAT PRICING SHEET (coNcuRRENT STUDENT USER LTCENSE OPTTON - AGTHX) 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. lf more than 100 Student Users are logged in simultaneously on a consistent basis, the district would need to purchase additional concurrent student user licenses. Course Delivery and Updates. BYU shall create a unique domain for the Customer in the LMS and will include the Courses in said domain so that they may be accessed by the Authorized Users. BYU shall also upload updates of the Courses to the Customer's LMS domain as they become available. License Fees. ln exchange for the License and associated services listed in Section 2 of Schedule A, the Customer shall make payment(s) to BYU (the "License Fees") according to the Pricing Table below and as otherwise specified herein. CONCURRENT LiCENSE FEE PRiCING TABLE Year 1 - 1,100 Concurrent Student Users Year 2 - 1,100 Concurrent Students Users Year 3 - 1,100 Concurrent Student Users August L,2O2t - 1,100 Concurrent Student User License x Sroo = 5110,000 August \2422 - 1,100 Concurrent Student User License x Sr@ = S11o,ooo August L,2023 - 1,100 Concurrent Student User License x Sroo = 5110,000 Pre-Calculus and AP Calculus - $t0 per Student User, per enrollment Keyboarding - $Z per Student User, per enrollment *Third-party license fees only apply, and are required to be paid, ifyou use our Pre-Calculus, AP Calculus, and Keyboarding courses. For invoicing purposes, the Customer shall 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. lf the Customer's total number of concurrent Student Users exceeds the maximum number in the pricing Table above, the Customer must purchase an additional concurrent student user license for each additional student for the duration of the Term. Training Services. Upon the Customer's request and for an additional fee, BYU shall provide online training to instruct the Customer'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. TRAiN:NG SERViCES PRiCiNG TABLE lnitial half-day gl online training on the implementation and use of the courses online training on the im and use of the Courses lnitial half-day of pedagogical training on the implementation and use of our curriculum in the effective pedagogical theories and practices for online teaching Schedule C Number of Student Users {3 Years}Payment Due (3 Payments)Third-Party License Fee* Training Option Fee Free of Charee Free of Charse Free of Charge Agreement lD: Bonneville Online - August 1, 2021 This confidentiot pricing sheet is for the sole use of the intended recipient(s) qnd contoins confidentiol proprietory informotion, Any unouthorized review, use, disclosure or distribution is prohibited without the written consent of BYU. signature: gmail: guyw@d93.k12.id.us Schedule C