Trademark and Copyright Guidelines

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Guidelines for Use of Next Generation Science Standards Trademarks by States, Partners, and Other Governmental and Nonprofit Entities

Introduction

The Next Generation Science Standards (“NGSS”) were developed by twenty-six states, in collaboration with partners (see http://www.nextgenscience.org/development-overview) (the “Lead States and Partners”) in a process managed by Achieve, Inc. (“Achieve”). On behalf of the Lead States and Partners, Achieve requires that all third parties using and/or referring to the NGSS trademarks do so in a manner which will minimize confusion among the public and refrain from falsely implying a relationship with the NGSS Lead States and Partners or with Achieve. The NGSS trademarks include the words NEXT GENERATION SCIENCE STANDARDS and the associated logo (shown above).

These Guidelines explain acceptable and unacceptable uses of NGSS trademarks and are applicable to the use of the marks in any medium, including, print, multimedia, and online materials.

Before using any NGSS trademark, please review the following Guidelines. Achieve, on behalf of the Lead States and Partners, reserves the right to request samples of materials that incorporate the NGSS marks and insist that materials not conforming with these Guidelines be altered.

Unacceptable Use

Third parties should not:

  1. Use or combine NGSS’s trademarks with any other trademark or design, or in a manner which suggests ownership by a third party (e.g. “ACME Book’s Next Generation Science Standards”).
  2. Use the trademarks within the main title of any third party products, service, or publication, such as “John Doe’s Guide to Next Generation Science Standards”.
  3. Over emphasize the NGSS mark. The NGSS mark must be different and/or smaller in font, size and color in comparison to the third party’s text or marks.
  4. Use NGSS trademarks in company names, Internet domain names, web site addresses, metatags, or purchase NGSS trademarks as keywords.
  5. NGSS trademarks in a generic way, such as in all lowercase letters and within the text of a sentence.

Example of improper use – “ACME Book’s new publication features information on next generation science standards for high schools.”

Acceptable Use

Third-parties should:

  1. Display an asterisk with all NGSS trademarks. The asterisk should be placed next to first prominent use of the NGSS trademark and reference a footnote or disclaimer.
  2. Use the following footnote/disclaimer:
    • “__________ is a registered trademark of Achieve. Neither Achieve nor the lead states and partners that developed the Next Generation Science Standards was involved in the production of, and does not endorse, this product.”
  3. Use trademarks in their entirety and may not abbreviate or alter the marks in any way.

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Guidelines for Commercial Use of Next Generation Science Standards Trademarks

Introduction

The Next Generation Science Standards (“NGSS”) were developed by twenty-six states, in collaboration with partners (see http://www.nextgenscience.org/development-overview) (the “Lead States and Partners”) in a process managed by Achieve, Inc. (“Achieve”). On behalf of the Lead States and Partners, Achieve requires that all third parties using and/or referring to the NGSS trademarks do so in a manner which will minimize confusion among the public and refrain from falsely implying a relationship with the NGSS Lead States and Partners or with Achieve. The NGSS trademarks include the words NEXT GENERATION SCIENCE STANDARDS and the associated logo (shown above).

These Guidelines explain acceptable and unacceptable uses of NGSS trademarks and are applicable to the use of the marks in any medium, including, print, multimedia, and online materials.

Before using any NGSS trademark, please review the following Guidelines. Achieve, on behalf of the Lead States and Partners, reserves the right to request samples of materials that incorporate the NGSS marks and insist that materials not conforming with these Guidelines be altered. Achieve reserves the right to deny any third party request if the use of a mark, in association with any product or service, may falsely lead consumers to believe that the source of the product or service is the NGSS Lead States and Partners.

Submission of samples

  1. For print materials, submit copies of covers, spine, title page, and/or page of first prominent use;
  2. For Internet uses, submit copies of the Web site home page and Web page where the NGSS mark(s) is/are first prominently featured;
  3. For CD ROM, DVD, video or other products, submit copies of labels, packaging and advertisements.

Unacceptable use:

Third parties:

  1. Shall not use the NGSS logo without the express written consent of Achieve.
  2. Shall not use or combine NGSS’s trademarks with any other trademark or design, or in a manner which suggests ownership by a third party (e.g. “ACME Book’s Next Generation Science Standards”).
  3. Shall not use the trademarks within the main title of any third party products, service, or publication, such as “John Doe’s Guide to Next Generation Science Standards”.

Suggested acceptable titles:

  • John Doe’s Guide to Science: compatible with Next Generation Science Standards
  • John Doe’s Guide: for use with Next Generation Science Standards.
  1. Shall not use the trademark symbols (® or ™) alongside NGSS trademarks. Third parties must replace the trademark symbol with an asterisk and include the appropriate footnote/disclaimer. (see 3c) below for disclaimer language).
  2. Shall not over emphasize the NGSS mark. The NGSS mark must be different and/or smaller in font, size and color in comparison to the third party’s text or marks.
  3. Shall not use NGSS trademarks in company names, Internet domain names, web site addresses, metatags, or purchase NGSS trademarks as keywords.
  4. Shall not use NGSS trademarks in a generic way, such as in all lowercase letters and within the text of a sentence:
  • Example of improper use – “ACME Book’s new publication features information on next generation science standards for high schools.”

Acceptable use:

Third-parties:

  1. Must display an asterisk with all NGSS trademarks. The asterisk should be placed next to first prominent use of the NGSS trademark and reference a footnote or disclaimer.
  2. Must use the following footnote/disclaimer:

“__________ is a registered trademark of Achieve. Neither Achieve nor the lead states and partners that developed the Next Generation Science Standards was involved in the production of, and does not endorse, this product.”

  1. Must make the footnote clearly visible, (i.e. appropriate type size, color, and placement) on all covers, packaging, advertisements, and websites, as follows:

i. For print publications, the footnote/disclaimer should appear on the front cover, the back cover, and on the copyright page.

ii. On packaging, labels, and advertisements, the footnote/disclaimer must appear on the same surface as the NGSS mark.

iii. For web sites, the footnote/disclaimer must appear on the web site home page and on all internal web pages that first prominently use the NGSS mark. The footnote/disclaimer must be placed at the bottom of the respective page. Please note: Acknowledgements of Achieve’s trademark, ownership, or disclaimer of endorsement or responsibility appearing only in “Terms and Conditions” or “Legal Notice” sections of a web site does NOT satisfy these Guidelines.

  1. Must use trademarks in their entirety and may not abbreviate or alter the marks in any way.

REMINDER: Before using any NGSS trademarks, third parties must submit samples of proposed uses to Achieve for review. Requests should be sent to the following email address: [email protected]. Please allow 4-6 weeks for processing.

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Public License

Introduction

THE NEXT GENERATION SCIENCE STANDARDS (THE “NGSS”) WERE DEVELOPED BY TWENTY SIX STATES, IN COLLABORATION WITH PARTNERS (see http://www.nextgenscience.org/development-overview) IN A PROCESS MANAGED BY ACHIEVE, INC. (“ACHIEVE”). ON BEHALF OF THE TWENTY-SIX STATES AND PARTNERS THAT COLLABORATED ON THIS WORK, ACHIEVE HEREBY OFFERS THE RIGHT TO USE THE NGSS UNDER THE TERMS OF THIS PUBLIC LICENSE. THE NGSS ARE PROTECTED BY COPYRIGHT AND OTHER APPLICABLE LAW. ANY USE OF THE NGSS OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

ANY PERSON WHO USES OR OTHERWISE EXERCISES ANY RIGHTS IN THE NGSS THEREBY ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE AND THE SEPARATE GUIDELINES FOR USE OF NEXT GENERATION SCIENCE STANDARDS TRADEMARKS. THE RIGHTS CONTAINED HEREIN ARE GRANTED IN CONSIDERATION OF ACCEPTANCE OF SUCH TERMS AND CONDITIONS. THE TERM OF THE LICENSE SHALL CONTINUE FOR AS LONG AS THE LICENSEE IS USING THE NGSS, IN WHOLE OR IN PART, UNLESS EARLIER TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS LICENSE.

License Grant

Achieve hereby grants a limited, non-exclusive, royalty-free license to copy, publish, distribute, and display the NGSS in accordance with the terms of this license. Licensees may use the NGSS as a whole and may use selected excerpts or portions. Notwithstanding the foregoing grant of right to use the NGSS, no state or other entity may represent that it has adopted the NGSS unless it has adopted the NGSS in its entirety, without eliminating or altering portions of the NGSS.

By way of illustration and not limitation:

Permissible uses include:

  • Distributing the standards from one particular grade band as a part of a professional development course.
  • Making copies of all or part of the standards for use by teachers, parents or students.
  • State agencies, districts and schools including the NGSS, in full or by link, on their websites and other electronic medium.

Non-permissible uses include:

  • Displaying the standards in a way that indicates or suggests that the authors have a relationship with or have approved or endorsed a commercial entity.
  • Alteration of any language in the standards while representing the standards to be NGSS.

For other uses or questions, obtain permission from Achieve at [email protected].

Attribution; Copyright Notice

Except as set forth below, Achieve, on behalf of the twenty-six states and partners that collaborated on the NGSS, shall be acknowledged as the sole owner of the NGSS, and licensees shall make no claim to the contrary.

Any publication or public display shall include the following notice: “© Copyright 2013 Achieve, Inc. All rights reserved.”

States and territories of the United States as well as the District of Columbia that have adopted or are in the process of adopting the NGSS in whole shall be exempt from this Attribution and Copyright Notice provision of this License.

Material Beyond the Scope of the Public License

This License extends to the NGSS only and not to third party material incorporated into the NGSS. Some material contained within the NGSS may also be in the public domain and therefore be freely available for use without license.

Representations, Warranties, and Disclaimer

THE NGSS ARE PROVIDED AS-IS AND WITH ALL FAULTS, AND ACHIEVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL ACHIEVE OR ANY STATE OR PARTNER THAT COLLABORATED ON THE DEVELOPMENT OF THE NGSS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY, WHETHER FOR CONTRACT, TORT, STRICT LIABILITY, OR A COMBINATION THEREOF (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE NGSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH RISK AND POTENTIAL DAMAGE. WITHOUT LIMITING THE FOREGOING, LICENSEE WAIVES THE RIGHT TO SEEK LEGAL REDRESS AGAINST, AND RELEASES ACHIEVE FROM ALL LIABILITY AND COVENANTS NOT TO SUE ACHIEVE.

Termination

This License and the rights granted hereunder will terminate automatically as to a licensee upon any breach by that licensee of the terms of this License.

Achieve reserves the right to release the NGSS under different license terms or to stop distributing the NGSS at any time; provided, however that any such election will not serve to withdraw this License with respect to any person utilizing the NGSS pursuant to this License.

Miscellaneous

This License shall be construed in accordance with the laws of the District of Columbia, without regard to conflicts principles, and as applicable, US federal law. A court of competent jurisdiction in Washington, DC shall be the exclusive forum for the resolution of any disputes regarding this License, and licensees hereby give their consent to the personal and subject matter jurisdiction, and venue, of such court.

If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by an authorized representative of Achieve.

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Citing the Next Generation Science Standards 

To appropriately cite the Next Generation Science Standards, use the following:

Web version

  • Authors: NGSS Lead States
  • Title: Next Generation Science Standards: For States, By States (insert specific section title(s) being used if not referring to entirety of the NGSS)
  • Publisher:  Achieve, Inc. on behalf of the twenty-six states and partners that collaborated on the NGSS
  • Copyright Date: 2013

Print version:

Suggested citation: NGSS Lead States. 2013. Next Generation Science Standards: For States, By States. Washington, DC: The National Academies Press.

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