NWEA Products and Services Supplemental Terms 

 

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Premium Partner Services Supplemental Terms

PRODUCT SUPPLEMENTAL TERMS

(Note: all capitalized terms not defined in the supplemental terms below have the meanings ascribed to them in the Master Subscription Agreement) 

Learning Continuum & DesCartes: A Continuum of Learning (collectively, the "Learning Statements") 

By using the Learning Statements, Subscriber agrees to the following: 

If the Learning Statements are downloaded to Subscriber's organization or school district via a secure password protected intranet or private workspace, it may reproduce the Learning Statements without NWEA's express written permission provided: (i) the use is for non-commercial purposes only; (ii) Subscriber does not modify any information or image; (iii) access is password protected and is limited only to Subscriber's authorized agents; and (iv) Subscriber includes the copyright notice contained in the Learning Statements, as applicable. Subscriber shall not use the Learning Statements as a basis for alignment to any third-party products or services. If Subscriber conducts unauthorized alignments, it shall hold NWEA harmless and indemnify NWEA from any claims or lawsuits that arise from its alignment. NWEA only supports the Learning Statements in their original format. NWEA is not obligated to support any changes to the Learning Statements made by Subscriber or any third party.  

Keeping Learning on Track™ (KLT™) 

By using Keeping Learning on Track™ (KLT™) and associated materials (the “KLT Materials”), Subscriber agrees to the following: 

Notwithstanding anything to the contrary in the Agreement, Subscriber shall pay NWEA in full for all KLT Materials prior to NWEA delivering them to Subscriber. Consistent with Section 3, Protection from Unauthorized Use or Access, of the Master Subscription Agreement, no part of the KLT Materials may be reproduced, adapted, or transmitted in any form or by any means. However, Subscriber may reproduce those pages of the KLT Materials that include a legend that permits reproduction. Subscriber shall purchase individual copies of the KLT Materials for each participant in the program. NWEA disclaims responsibility for any actions or recommendations that Subscriber makes based on the KLT Materials. 

Power of Teaching®

By using Power of Teaching® professional development program and associated materials (the "PofT Materials"), Subscriber agrees to the following: 

Notwithstanding anything to the contrary in the Agreement, Subscriber shall pay NWEA in full for all PofT Materials prior to NWEA delivering them to Subscriber. Consistent with Section 3, Protection from Unauthorized Use or Access, of the Master Subscription Agreement, no part of the PofT Materials may be reproduced, adapted, posted online or transmitted in any form or by any means for any commercial use or use by third parties without prior written permission from NWEA; provided, however, Subscriber may reproduce the PofT Materials solely for Subscriber's non-commercial use. NWEA disclaims responsibility for any actions or recommendations that Subscriber makes based on the PofT Materials. 

MAP® Skills 

By using MAP® Skills, Subscriber agrees to the following: 

MAP Skills requires installation of the secure/lock down browser ("Lockdown Browser"). Accordingly, NWEA grants to Subscriber a nonexclusive, nontransferable sublicense to install the Lockdown Browser for Subscriber's internal use only in connection with the Subscription and only during the period specified in an applicable Schedule. The Lockdown Browser sublicense extends only to the quantity of licenses indicated on an applicable Schedule. All MAP Skills Systems Administrators must complete one MAP Skills training session. During the period specified in an applicable Schedule, NWEA shall provide technical support for MAP Skills via telephone or email as described at https://www.nwea.org/product-support/

Terms applicable to Subscriber's use of Knovation: As a user of the content, you acknowledge and agree that Knovation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Knovation has no direct control over these linked sites, all of which have separate privacy and data collection practices, independent of Knovation. These links are only for your convenience and therefore you access them at your own risk. Furthermore, should you choose to register or create an account on other sites accessed from the Knovation Software Content, you have full responsibility for understanding and agreeing to their terms of use and privacy and security policies regarding any personally identifiable information you provide them and activities you perform on their sites. Knovation is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 

Children's Progress Academic Assessment™ 

By using Children's Progress Academic Assessment™ (CPAA™), Subscriber agrees to the following:  

CPAA is comprised of web-enabled assessment software and web-based reporting, and includes: (i) machine-readable instructions and data; (ii) components; (iii) Content; (iv) related licensed materials, features, and functionality (such as reports, assessments, training and support materials, and tutorials); (v) licensed documents or keys; and (vi) Documentation listed below which NWEA may amend and update from time to time. If access to CPAA requires installation of any assessment software ("Software"), NWEA grants Subscriber a nonexclusive, nontransferable sublicense to install the Software for Subscriber's internal use only in connection with its CPAA subscription and only during the Term. Subscriber's CPAA license and Software sublicense extend only to the quantity of licenses indicated on Schedule A. 

With regard to CPAA, "Documentation" means: 

  1. Technical Requirements–https://assessment.childrensprogress.com/docs/CPAA_Technical_Requirements.pdf
  2. Common Core and State Specific Alignments– available upon written request  
  3. The CPAA Scope & Sequence Documents– available upon written request 

Client Server Measures of Academic Progress® (MAP®) 

By using Client Server MAP® ("MAP®"), Subscriber agrees to the following:  

Excluding Summer test administration, Subscriber shall not administer more than three MAP test events per license in a single academic year. Additionally, Subscriber may administer one Summer test event per license per academic year. Client server MAP requires installation or downloading of a copy of TestTaker software ("TestTaker Software"). Accordingly, NWEA grants to Subscriber a nonexclusive, nontransferable license to install TestTaker Software for Subscriber's internal use only in connection with the Subscription and only during the period specified in an applicable Schedule. Subscriber shall provide to NWEA its student and class information in a Class Roster File ("CRF") for each test window in the approved format. Subscribers must submit the CRF via SFTP at least two (2) weeks before Subscriber's first day of testing.

MAP® Growth 

By using MAP® Growth, Subscriber agrees to the following:  

Excluding Summer test administration, Subscriber shall not administer more than three MAP test events per license in a single academic year, except for MAP Growth K-2 Skills Checklist which can be administered without such academic year limitation. Additionally, Subscriber may administer one Summer test event per license per academic year. MAP Growth requires installation of the secure/lock down browser ("Lockdown Browser"). Accordingly, NWEA grants to Subscriber a nonexclusive, nontransferable sublicense to install the Lockdown Browser for Subscriber's internal use only in connection with the Subscription and only during the period specified in an applicable Schedule. The Lockdown Browser sublicense extends only to the quantity of licenses indicated on an applicable Schedule. Subscriber shall provide to NWEA its student and class information in a Class Roster File ("CRF") for each test window in the approved format. Subscribers must import the CRF at least one (1) week before Subscriber's first day of testing. 

MAP® Reading Fluency

By using MAP® Reading Fluency, Subscriber agrees to the following:

Subscriber is responsible for providing all hardware, including headsets with boom microphones, necessary to complete the test administration. For the avoidance of doubt, built in microphones and in-line microphones are not supported. MAP Reading Fluency is supported on (i) any Chrome browser on any desktop, laptop, or Chromebook; and (ii) via an iOS application for testing on an iPad or iPad Mini or as otherwise set forth in applicable technical specifications. Notwithstanding anything to the contrary in the Agreement, training for MAP Reading Fluency is optional.

Value Added Research Services - New York Subscribers

New York's Annual Professional Performance Review ("APPR") process is based on principal evaluations, progress on the New York State assessment, local assessments, and for some grades and subjects, student learning objectives (“SLO”). MAP® Growth serves as Subscriber's local assessment. NWEA is collaborating with Education Analytics, Inc. (“EA”) to provide value-added analysis of MAP results to aid Subscriber in translating that analysis to the state's 0-20 point scale. Subscriber understands that EA will work directly with Subscriber to estimate and translate classroom growth scores to teacher ratings using value-added methodology. To complete these studies, Subscriber grants permission to NWEA to redisclose student identifiable MAP scores directly to EA for the applicable academic years(s) (“MAP Data”).  Further, Subscriber shall notify NWEA whether they use the NWEA ID as their state ID, and if so, Subscriber will send a secure file to NWEA that links the state and NWEA IDs. Subscriber acknowledges that without the proper linking of NWEA and state IDs, the data will be invalid and cannot be used for the EA study. Subscriber also grants NWEA permission to receive Subscriber's demographic data and teacher-student linkages ("State Data") from the State of New York and redisclose such data to EA for use in the value added APPR EA solution. EA has agreed to destroy all Student Education Records contained in the State Data and MAP Data no later than one (1) year after EA delivers final services to Subscriber or upon Subscriber’s written request, whichever is earlier. If NWEA is unable to obtain State Data from the State of New York, Subscriber shall submit a file verifying the State Data directly to EA, and provide the state student identification number for all listed students if not already disclosed to NWEA. 

EA SERVICES ARE PROVIDED SOLELY BY EA AND ARE PROVIDED “AS IS”.  ADDITIONALLY, NWEA EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO WARRANTY WITH RESPECT TO THE EA SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. NWEA DOES NOT MONITOR THE EA SERVICES AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE CONTENT OF EA SERVICE REPORTS OR RESULTS AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE USE OR MISUSE OF EA SERVICES. Subscriber will indemnify, defend, and hold harmless NWEA and its subcontractors from and against any claim, suits, actions, and proceedings from any and all third parties relating to the results and/or reports of EA and Subscriber's use thereof.

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Growth Report

This report contains Student Education Records that may be subject to Subscriber's student data privacy and security policies and applicable state and federal student privacy laws. 

In addition to Section 19 (Disclaimer) of the MSA, neither NWEA nor its vendors warrant the accuracy, completeness, or usefulness of this report and NWEA expressly disclaims all liability and responsibility arising from reliance on the report. 

Insights Report

The Insight Report does not contain any Student Education Records but does contain the  names of those schools where the data is generated. In addition to Section 19 (Disclaimer) of the MSA, neither NWEA nor its vendors warrant the accuracy, completeness or usefulness of the MAP Insight Reports and NWEA expressly disclaims all liability and responsibility arising from any reliance placed on the information in such reports. NWEA uses current NWEA norms and Subscriber's MAP data to produce graphics and supporting analysis provided in the report.

Instructional Report

The Instructional Report does not contain any Student Education Records but does contain the names of those schools where the data is generated.  In addition to Section 19 (Disclaimer) of the MSA, neither NWEA nor its vendors warrant the accuracy, completeness or usefulness of the Instructional Report and NWEA expressly disclaims all liability and responsibility arising from any reliance placed on the information in such reports.

Similar Schools  Report

This report contains Student Education Records that may be subject to Subscriber's student data privacy and security policies and applicable state and federal privacy laws. In addition to Section 19 (Disclaimer) of the MSA, neither NWEA nor its vendors warrant the accuracy, completeness, or usefulness of this report and NWEA expressly disclaims all liability and responsibility arising from reliance on the report. 

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PREMIUM PARTNER SERVICES SUPPLEMENTAL TERMS

General Terms. Premium Partner Services includes (i) Technical Consulting; (ii) Onsite Product Training; (iii) Technology Readiness; (iv) Expedited Implementation Services; and (v) Program Management Services (collectively, the "Partner Services"). NWEA does not offer refunds for unused Partner Services Subscriber purchases. Subscriber may purchase Partner Services at the fixed fees set forth in an applicable Schedule A. Per the MSA, Subscriber is responsible for designating a single point of contact, preferably the Subscriber's Systems Administrator, and will ensure such individual is available to NWEA. Additionally, Subscriber's contact shall ensure NWEA has access to all Subscriber's site(s) where Partner Services will be performed. Subscriber acknowledges that failure or delay in responding to NWEA requests in a timely manner may result in delays or inability for NWEA to perform the requested Partner Services. Scheduling of Partner Services is subject to availability of NWEA personnel.

Onsite Product Training

NWEA will provide standard modular format training, in which Subscriber will learn (i) the benefits of the NWEA assessment solution; (ii) how to proctor and/or manage test sessions; (iii) how to troubleshoot common issues; (iv) how to access reports; and (v) helpdesk product training regarding common issues and troubleshooting processes. Any deviation from this standard training is subject to negotiations.  

Virtual Applying Reports; Virtual Professional Learning (International); Virtual MAP Skills Basics; Virtual MAP Reading Fluency Basics; Virtual Custom Workshops or Virtual PL Consultations

 NWEA may cancel a workshop for any reason whatsoever, inclement weather, strikes, wars, acts of God, or any other circumstance that may make the workshop inadvisable.  In those instances, Subscriber will not be charged a cancellation fee and the workshop will be rescheduled.

  • If Subscriber cancels a workshop or consultation less than 2 weeks before the scheduled date of the session, Subscriber shall pay $200 processing fee to NWEA. This includes instances of no shows.
  • Rescheduling is subject to facilitator availability.  Workshop sessions must be scheduled three weeks in advance and all sessions completed within 18 months the Term start date listed in Subscriber’s Schedule A.

NWEA is not responsible for any expenses incurred on your behalf in preparing for the workshop, including nonrefundable fares or penalties.

Technical Consulting

Technical Consulting may include: (i) general support during testing including assisting proctors; (ii) troubleshooting technical issues related to NWEA assessment solutions; (iii) real time product training and support during testing to Subscriber's proctors, helpdesk, technology and assessment staff; (iv) Onsite product training and support to principals and school administrators; (v) assistance in escalating issues to NWEA technical support and/or engineers; (vi) consulting with Subscriber to identify key areas of support needs; (vii) product training for data administrators; (viii) support with rostering (creation and upload to NWEA systems), user management, and student management; (ix) assistance with exporting data from Subscriber's Student Information Systems; (x) assistance with automating roster imports and exports of comprehensive data file; Technical Consulting does not include: (a) making changes to NWEA's assessment solutions on behalf of the Subscriber; (b) conducting rostering work; (c) creating or implementing coding or scripting, network changes, or auto-rostering; (d) configuration changes or updates to workstations or network devices; (e) hardware setup; (f) report or data usage training; or (g) IT support or training not specifically related to NWEA assessment solutions.

Supplemental Technical Services

Supplemental Technical Services (the “Supplemental Services”) is a product offered by the Technical Consultant team that provides a designated technical contact for district leadership. The Supplemental Services may include: (i) troubleshooting technical issues related to Assessment System; (ii) real time product training and support during testing for Subscriber’s named key contacts; (iii) assistance in escalating issues to NWEA technical support and/or engineers; (iv) consulting with Subscriber to identify key areas of support needs; (v) product training for key contacts; (vi) support with rostering (creation and upload to Assessment System), user management, and student management; (vii) assistance with exporting data from Subscriber’s Student Information Systems; (vii) product training and assistance with the setup and configuration of the NWEA environment; and (ix) assistance with automating roster imports and exports of comprehensive data file. The Supplemental Services do not include: (x) making changes to the Assessment System on behalf of the Subscriber; (xi) conducting rostering work; (xii) creating or implementing coding or scripting, network changes, or auto-rostering; (xiii) configuration changes or updates to workstations or network devices; (xiv) hardware setup; (xv) report or data usage training; (xvi) IT support or training not specifically related to the Assessment System; (xvii) support to district personnel outside the identified key contacts; or (xviii) travel to or onsite work at Subscriber’s location. Supplemental Technical Services is a limited time engagement. The Supplemental Services will be offered between 7:00 A.M. and 5:00 P.M. (local time).

Subscriber acknowledges that all fees paid are non-refundable and all payment obligations non-cancellable.

Technology Readiness

NWEA will visit designated Subscriber locations to test and evaluate workstations and devices to determine if they meet NWEA technical requirements. NWEA may evaluate the following technical requirements: OS version, primary browser and version, CPU, RAM, screen resolution, wired or wireless connection, and a point in time bandwidth test. Additional technical requirements may be captured upon Subscriber's request; provided, however, certain requests may require administrative access to Subscriber's systems. As part of the Technology Readiness, NWEA expressly does not: (i) make changes or software updates to workstations or devices; (ii) configure networks or make changes to network infrastructure; (iii) provide product training or support; or (iv) provide troubleshooting services or resolve issues or potential issues discovered during the Technology Readiness.

 Supplemental Implementation Services (Expedited & Re-implementation)

NWEA provides, at no additional cost to Subscriber, an implementation support specialist to guide and support the implementation of the Assessment System. This service is typically included as part of a Subscriber’s initial licensing of the Assessment System and is available through the completion of the first testing term. Once the initial testing term is complete, the account manager assumes ongoing management of the Subscription from the implementation support specialist. Additionally, the Subscriber has ongoing access to support resources, including toll-free phone, email, and chat support via Partner Support and self-directed support via in-product Help and Destination PD.

  • Expedited Implementation Services

NWEA recommends a timeline of approximately four (4) weeks from the date of sale to the beginning of testing in order to provide NWEA and Subscriber adequate time to implement the Assessment System. If Subscriber opts to implement within two (2) weeks from the date of sale, Subscriber may purchase Expedited Implementation Services. Expedited Implementations Services do not include: (i) an Implementation Support Specialist who is exclusive to Subscriber; (ii) rostering; (iii) Onsite Product Training; (iv) Technical Consulting; or (v) Technology Readiness. For the avoidance of doubt the two (2) week expedited delivery applies to the Expedited Implementation Services only and to no other products specified on an applicable order.

  • Re-implementation Services

If, after the initial testing term, Subscriber requires continued access to an implementation support specialist, Re-implementation Services are available. Re-implementation Services are offered remotely using teleconferencing and email communications. Re-implementation Services may include (i) assessing Subscriber’s needs related to product configuration, training, and general test administration preparation (e.g. lab readiness plans, timelines for rostering students and staff, staff training plans, district and school communication plans); (ii) developing, with Subscriber, a plan to meet identified needs; (iii) guiding Subscriber through its implementation of the plan for one (1) testing term; (iv) providing training on available resources for future testing term preparation; and (v) providing district administrators with product training and assistance with setup and configuration of the NWEA environment (test terms, test windows, school names, grade designations and special programs). Re-implementation Services do not include onsite support, an implementation support specialist who is exclusive to the Subscriber, rostering, Onsite Product Training, Technical Consulting, or Technology Readiness.

 Program Management Services

As part of the standard Program Management Services ("PM") offering, the PM team is available to: (i) plan and coordinate project kickoff meeting; (ii) establish and implement the program work plan; (iii)  lead the planning and scheduling of tasks with NWEA internal teams; (iv) work directly with the designated Subscriber contacts to coordinate efforts, maintain work schedules, and meet deadlines; (v) establish, track, and monitor implementation tasks, professional development, and technical training; (vi) manage change orders; (vii) identify and document potential program risks; (viii) support  NWEA's on-site professional development and training; (ix) create and update program partnership site; (x) create, order, and deliver standard and custom administrative reports; (xi) coordinate with non-PM NWEA personnel  to address program-wide technical issues; and (xii) plan and coordinate project closing meetings. PM will be performed remotely; provided, however, that parties may agree to an onsite kickoff meeting. If the parties agree to an onsite kickoff meeting, the fees paid for PM include travel if Subscriber provides NWEA a minimum of two (2) weeks' notice prior to travel. Otherwise, Subscriber is responsible for travel expenses.

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Last Updated June 2018