Royalty Free License for Non-Commercial Use
AbleLink Instructional Media Standard (AIMS) XML
AIMS XML is being provided by AbleLink Technologies, Inc. under the following non-commercial use license. AIMS XML may be licensed for commercial use under a separate licensing agreement with AbleLink Technologies, Inc. This license agreement describes the terms and conditions of use of the AIMS XML standard for non-commercial use. By obtaining, using and/or creating AIMS compliant instructional media, player applications, or content creation applications, each Content Developer and Developer (hereinafter, collectively known as "Licensee") agree that he/she has read, understood, and will comply with the following terms and conditions:
"Copyright Holder" means AbleLink Technologies, Inc.
“AIMS Compliant” and “AIMS Content” mean instructional media developed in accordance with the AIMS XML standard for use in applications designed to playback, modify, import, or export of such instructional media.
"Content Developer" means a developer of AIMS compliant instructional media.
"Technology Developer" means a developer of any form of program, application, or format for creating, importing, exporting or using AIMS content.
"Content User" means anyone who utilizes AIMS compliant content for any purpose, with or without the use of an AIMS compliant program.
B. GRANT OF RIGHTS
Permission to develop, use, copy, modify, and distribute AIMS compliant content for any legal non-commercial purpose and without fee or royalty is hereby granted, according to the following requirements:
Instructional media content which is in compliance with the AIMS XML Specification shall be defined in associated documentation (i.e., documents, brochures, websites, etc.) as “AIMS Ready” and will include the AIMS logo (available to AIMS registered members) to certify to potential users that the content can be expected to be fully usable in any AIMS compliant prompting system. In addition to the core AIMS functionality, instructional media content as well as player applications may support additional optional functionality in accordance with the AIMS XML protocol. The specific AIMS Version shall also be identified in the documentation of the content or player application.
Players can be labeled "AIMS Ready" if they can import and playback instructional media content that includes the core elements of the AIMS specification. Editors which are used for creating new tasks or editing existing AIMS tasks can be labeled "AIMS Ready" if they can import and export content that includes all core elements. These tools may ignore any optional AIMS functionality that is not required or that the specific player does not support.
AIMS compliant content that supports optional functionality in accordance with the AIMS specification shall identify which optional functionality is supported (e.g. video, pictures, decision points, etc.) according to the labeling convention described in the AIMS XML documentation.
Reference to AIMS in documentation, websites, etc. shall reference the relevant AIMS XML Conceptual Overview for the applicable version of AIMS. Following is the correctly formatted citation for AIMS 1.0.
Davies, D. K., Stock, S.E, Brown, R.B, & King, L.R. (2005). AbleLink Instructional Media Standard (AIMS) - Conceptual Overview, AbleLink Technologies, Inc., Colorado Springs, Colorado.
C. USAGE REQUIREMENTS
Following are the requirements for using the AIMS protocol for content development or for creating player or editor applications to utilize AIMS content.
To be in compliance with AIMS and to be considered AIMS Ready, instructional media must contain all core elements of the specific AIMS protocol (e.g. AIMS Version 1.0). Core elements will be a minimum set of data elements which will be required to present the instructional media within an AIMS compliant player application. Additional capabilities may be provided for within the XML structure, but will be identified as optional functionality provided in addition to the core set required for AIMS tasks.
Members agree not to change the XML structure. Requested changes can be submitted to the AIMS Standards Committee for review.
Users of AIMS agree to not distribute information contained in the AIMS XML Specification, beyond what is described in the public Overview document or redistribute the AIMS Task Builder application, either as a stand-alone application or integrated within another application.
The AIMS XML protocol has been developed to support supported living, educational, vocational and similar purposes. Any usage of AIMS that is inappropriate, objectionable, or illegal, as determined by the Copyright Holder shall result in immediate loss of all rights described in this agreement, and loss of membership status as an AIMS member, if applicable.
Users agree to not distribute or use AIMS content in a manner that violates any existing license agreements they have agreed to for use of AIMS content (i.e., License Agreements from AIMS content providers that are operating under an AIMS XML Licensing Agreement for Commercial Use that create instructional content and make it available commercially).
D. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE AIMS XML LICENSE IS PROVIDED ON AN "AS IS" BASIS, AND COPYRIGHT HOLDER MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Licensee is solely responsible for their own specific content and applications developed for use with AIMS and for ensuring the Licensee has rights to distribute specific content developed for use with AIMS applications (e.g., content contains no confidential or personal images or instructions) as indicated by signed releases or other appropriate written permissions. Licensee assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, content errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
E. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COPYRIGHT HOLDER SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF AIMS RELATED MATERIALS AND INSTRUCTIONAL CONTENT OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE COPYRIGHT HOLDER BE HELD OR CONSIDERED LIABLE FOR THE ACCURACY OF INSTRUCTIONAL CONTENT CREATED NOR FOR THE OPERATION OR LACK THEROF OF ANY APPLICATION OR PROGRAM USING AIMS COMPLIANT CONTENT.
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
All Licensee’s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Licensee’s rights under this Agreement terminate, Licensee agrees to cease use and distribution of AIMS content and applications, as well as discontinue use of the AIMS logo and descriptions of the aforementioned content and applications as AIMS compliant or AIMS Ready. However, Licensee’s obligations under this Agreement and any licenses granted by Licensee relating to the Program shall continue and survive.
AbleLink Technologies, Inc. may publish new versions (including revisions) of this License from time to time. Each new version of the License will be given a distinguishing version number. Newer versions always supersede previous versions in their entirety and previous versions become null and void. It is the responsibility of users of the AIMS license agreement to ensure that their usage is in compliance with the current license agreement. The current license agreement is Version 1.1. No one other than AbleLink Technologies, Inc. has the right to modify this License.
Instructional content created according to the AIMS standard remains the intellectual property of the creator of that content, and creation of instructional content in accordance with the AIMS standard does not convey any rights to use, copy or distribute the instructional content to any other organization, unless such rights are conveyed by the content creator.
The intellectual property associated with the AIMS XML definition remains the sole property of AbleLink Technologies, Inc. Except as expressly stated in Section B above, Content Developers, Technology Developers, and Content Users receive no rights or licenses to the aforementioned intellectual property, nor do Content Developers, Technology Developers, and Content Users transfer rights to any intellectual property under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of Colorado and the intellectual property laws of the United States of America.