O*NET® Tools Developer License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this O*NET Tools Developer License ("Developer License"). To the extent this Developer License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Developer License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Developer License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Developer License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Developer License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this Developer License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  8. Licensor means the individual(s) or entity(ies) granting rights under this Developer License.
  9. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  10. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  11. You means the individual or entity exercising the Licensed Rights under this Developer License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this Developer License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
      1. reproduce and Share the Licensed Material, in whole or in part; and
      2. produce, reproduce, and Share Adapted Material.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Developer License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this Developer License is specified in Section 6(a).
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Developer License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Developer License.
      2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this Developer License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

  2. Other rights.

    1. Moral rights, such as the right of integrity, are not licensed under this Developer License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Developer License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.

    1. If You Share the Licensed Material (including in modified form), You must:

      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this Developer License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this Developer License, and include the text of, or the URI or hyperlink to, this Public License.
    2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
    4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Developer License.

  2. Validation.

    If You Share Adapted Material You produce, the following conditions apply:

    1. Modification of the Purpose or Purposes of the Tools. The Licensor developed the Licensed Material as career counseling, career planning, and career exploration purposes. If You modify any or all of the Licensed Material in a manner designed to change their original purposes: as career counseling, career planning, or career exploration tools, You must conduct a study ("Validation Study") to ensure that any and all results, information or other materials derived from the use of the Adapted Material are valid for the intended purpose, audience and end-user. The Validation Study must be consistent with appropriate industry standards, such as, the Standards for Educational and Psychological Testing, by the American Educational Research Association, American Psychological Association, and National Council on Measurement in Education, published by the American Psychological Association (1985), and the appropriate legal standards, such as, 41 C.F.R. Part 60-3.

    2. Modification of Content. If You only use a part of, or in any other manner modify or revise, any part of the Licensed Material, You must conduct a Validation Study to ensure that any and all results, information or other materials derived from the use of the Adapted Material are valid for the intended purpose, audience and end-user prior to introduction of the new Product.

      A modification that only relates to the software in order to develop or integrate the tools as a part or component of Your system is not a modification under this clause.

    3. Notification Requirement of Modifications. In addition to the attribution conditions in Section 3(a), You must provide notification to all intended end-users and audiences of all modifications to the Licensed Material, or any part of any of the Licensed Material. The attribution and modification notice must state:

      "This [page/product/application] includes information from the O*NET Career Exploration Tools by the U.S. Department of Labor, Employment and Training Administration (USDOL/ETA). Used under the O*NET Tools Developer License. O*NET® is a trademark of USDOL/ETA. [Your name or company] has modified all or some of this information. USDOL/ETA has not approved, endorsed, or tested these modifications."

      No notification is required of modifications that only relate to the software to develop or integrate the tools as a part or component of Your system.

      You must display the required notice in a conspicuous manner directly on the Adapted Material or any Products incorporating or containing the Adapted Material and user's manuals. You must also include the required notice in the "README" file and to display the required notice for a reasonable period of time on the opening or "launch" screens of the pertinent modules of all computerized versions of the Adapted Material or Products incorporating or containing the modified Adapted Material.

      You must also provide a description of the nature of the modifications in a form readily accessible to the intended end-user or audience. For example, You may provide a phone number, physical mailing address, or email address to contact to receive information on the nature of the modifications. On computerized versions, You may provide a link or hyperlink on the opening or launch screen that will connect to the information. The link or hyperlink that appears on the launch screen must, at a minimum, refer to "modifications and disclaimers." The description of the modifications must include information on the nature of any modification to any Licensed Material or the use of any part of any Licensed Material. The description must also state:

      "[Your name or company] has modified all of, a portion of, or the purpose of the O*NET® Career Exploration Tools. The U.S. Department of Labor, Employment and Training Administration (USDOL/ETA) has not approved, endorsed, or tested these modifications. As such, USDOL/ETA will not be liable to any third party or end-user for any damages arising out of or from the use or misuse of the modified O*NET Career Exploration Tools or any products incorporating or containing the modified O*NET Career Exploration Tools."

    Section 4 – Sui Generis Database Rights.

    Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

    1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
    2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
    3. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.

    For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Developer License where the Licensed Rights include other Copyright and Similar Rights.

    Section 5 – Disclaimer of Warranties and Limitation of Liability.

    1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
    2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Developer License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
    1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

    Section 6 – Term and Termination.

    1. This Developer License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Developer License, then Your rights under this Developer License terminate automatically.

    2. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

      1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
      2. upon express reinstatement by the Licensor.
      For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Developer License.
    3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Developer License.
    4. Sections 1, 5, 6, 7, and 8 survive termination of this Developer License.

    Section 7 – Other Terms and Conditions.

    1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
    2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Developer License.

    Section 8 – Interpretation.

    1. For the avoidance of doubt, this Developer License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Developer License.
    2. To the extent possible, if any provision of this Developer License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Developer License without affecting the enforceability of the remaining terms and conditions.
    3. No term or condition of this Developer License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
    4. Nothing in this Developer License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.