By using the Sail() Platform ("Sail()," "we," "us," or "our") at Carnegie Mellon University, a Pennsylvania non-profit corporation headquartered in Pittsburgh, Pennsylvania (“CMU”), you are agreeing to the following terms:
1. Description of Sail() in General.
(a) Sail() in general. Sail() provides access to online learning environments consisting of conceptual contents, hands-on projects, quiz assessments, and dashboard visualizations.
(b) Academic access. Academic access to courses on Sail() is available and allows faculty to create specific sections of courses, and to control schedules, enrollment and access to course materials via LTI integration. Academic courses are normally launched by an educator with instructor-permissions on their respective learning management system (LMS). Additional instructors and teaching assistants may also be given access to an academic course. Students are enrolled in a course, have access to materials and have their activities tracked via the research data pipeline.
(c) LMS-provisioned creation of courses. Institutions with a compatible LMS may provision and provide access to academic courses using Basic LTI as an integration mechanism. In this model, an instructor creates an academic course in the institution’s LMS and launches a Sail() course via LTI launch. Students accessing the launch site within their institution’s LMS will have a Sail() account created for them and enroll in the course. This LMS-provisioned approach allows students a single sign-on experience between their home institution’s LMS and Sail().
(d) Payment. All Sail() courses are free of charge for learners and instructors in perpetuity. Sail() learners and instructors also receive sponsored credits for their use of Microsoft Azure.
(e) Term of Access. Once enrolled, students have access to their respective courses as long as they are enrolled in their institution’s LMS and the LTI integration persists.
(f) Confidentiality of Student Data. Confidentiality of student data on Sail() is maintained in accordance with CMU standards. Anonymized student data may be used for ongoing research and course improvements if such use has been previously approved by CMU’s Institutional Review Board, and if students have opted in to such use via an informed consent form in accordance with IRB protocol.
(g) Maintenance Periods. Regular, weekly maintenance is performed on Sail() from 7:30-9:30 a.m. east coast time on Monday mornings. Although the weekly maintenance does not normally interrupt access for students and faculty, service interruptions may occur. Planned outages outside of this regular weekly maintenance period are generally published 7-10 days in advance
2. NO WARRANTIES; LIMITATIONS ON LIABILITY. Nothing in this Agreement amends or changes the Sail() Platform, the PROPERTY AND/OR services AND/OR RIGHTS that Sail() provides or makes available, the terms or conditions of Sail()’s availability, or any authorization, permission or condition required to use or continue to use Sail(). THE TERMS AND CONDITIONS FOR THE USE OF Sail() ARE AS PUBLISHED ON THE Sail() WEBSITE AS AMENDED FROM TIME TO TIME. Sail() AND ALL ASSOCIATED PROPERTY AND SERVICES AND RIGHTS MADE AVAILABLE AND/OR PROVIDED BY CMU, ITS LICENSORS AND/OR OTHERS TO STUDENTS, FACULTY AND OTHERS AUTHORIZED TO USE Sail() ARE MADE AVAILABLE AND/OR PROVIDED ON AN “AS IS” BASIS. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS, AND (II) CMU RESERVES THE RIGHT TO MODIFY OR CANCEL Sail() AND/OR ANY RELATED PRODUCT AND/OR SERVICE IN WHOLE OR IN PART AT ANY TIME. CMU SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY BREACH OF THIS AGREEMENT) FOR LOSS OF PROFITS OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF CMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES.
3. Notices. All notices, demands, or other communications given under this Agreement shall be in writing and sent to the address listed below, and will be effective upon receipt if delivered by personal or overnight delivery, or upon written acknowledgment by recipient if sent via email.
Carnegie Mellon University
5000 Forbes Avenue
Pittsburgh, PA 15213
Attn: Sail() Platform/Vice Provost for Education
4. Resolution of Disputes. In the event of any dispute or disagreement between the parties hereto, either with respect to the interpretation of any provision of this Agreement or with respect to performance hereunder, each of the parties will appoint a designated officer or agent to meet for the purpose of endeavoring to resolve such dispute. No formal proceedings for the judicial resolution of such dispute may be commenced until the designated officers or agents have reasonably discussed the provision or performance in question and have concluded in good faith that amicable resolution through continued negotiation of the matter at issue does not appear likely.
5. No Assignment. Neither party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party.
6. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning its subject matter, and supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to that subject matter. Any modification of this Agreement will be effective only if it is in writing and signed by the parties hereto. This Agreement shall be binding and enforceable by the parties hereto and their respective legal representatives, successors and permitted assigns.
Last Updated: July 26, 2022