Any sharing of the login information is in direct violation of the user agreement. The superintendent of the LEA will be notified of any and all violations. A DRM who violates the ICAM Terms of Agreement will be denied immediately.
This website adheres and patterns its operations after the Indiana State Office of Technology Policy and Procedures Guide.
This USER Agreement is between WE, the Indiana Center for Accessible Materials (ICAM), and YOU, identified as:
YOU, the Digital Rights Manager (DRM) (with signature authority for the local educational agency (LEA)) and who has been registered with the Indiana Center for Accessible Materials (ICAM) to access the ICAM website;
Please indicate your acceptance of the following terms for ordering specialized formats of K-12 publisher's files for instructional materials from the ICAM by scrolling down the page and clicking "I AGREE" to connect. By clicking on "I AGREE," YOU accept the terms of this agreement and YOU are responsible for ensuring that the terms of this agreement are met. If YOU do not agree to the terms of this agreement, YOU will not be able to proceed to the ordering process.
- Who is Eligible to Use Our Services?
- The ICAM makes available the content of the NIMAS file sets, either electronically or in specialized formats (e.g., large print and braille), as well as tangible materials, only to YOU under sections 612(a)(23)(C) and 613(a)(6) of the Individuals with Disabilities Education Improvement Act (IDEIA). The content of the NIMAS files are for the purpose of providing accessible print instructional materials to blind or other persons with a qualifying print disability enrolled in elementary and secondary schools. The content of the files are made available pursuant to an exemption in the United States Copyright Act, 17 U.S.C. Sec. 121. The ICAM/IERC is operated in compliance with this copyright exemption
- Individuals for whom YOU may request specialized versions of the files from this website.
- The NIMAS file sets and specialized formats of the NIMAS file sets are provided for the sole, express use by blind or other persons with print disabilities enrolled in elementary and secondary schools as defined in section 674(e)(3) of IDEA.
- By accepting this Agreement, YOU verify that there has been a copy of the standard print material(s) purchased for sole use by the student for each of the files and/or specialized formats being ordered.
- YOU are only permitted to release these files for conversion into specialized formats or release the provided specialized formats of the files as defined below:
KEY DEFINITIONS as provided in IDEA:
- BLIND OR OTHER STUDENTS WITH PRINT DISABILITIES - The term "blind or other persons with print disabilities" means children served under this Act and who may qualify in accordance with the Act entitled "An Act to provide books for the adult blind", approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1478) to receive books and other publications produced in specialized formats.
The Library of Congress regulations (36 CFR 701.6(b)(1) related to the Act to Provide Books for the Adult Blind provide that blind persons or other persons with print disabilities include:
- Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees.
- Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material. s 20/200 or less in the better eye with correcting glasses, or whose widest diameter if visual field subtends an angular distance no greater than 20 degrees.
- Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations.
- Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.
- Competent authority, as defined by Indiana Article 7:
- Includes doctors of medicine (who may consult with colleagues in associated disciplines), neurologists, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, and professional staff of hospitals, institutions, and public or welfare agencies, including:
- social workers;
- case workers;
- rehabilitation teachers; and
- An appropriate "competent authority" may differ for different disabilities. In the case of blindness or low vision, a competent authority would be a physician, ophthalmologist, optometrist, or vision specialist. In the case of a perceptual disability, a competent authority would be a neurologist, a learning disability specialist, or a psychologist with a background in learning disabilities.
- NATIONAL INSTRUCTIONAL MATERIALS ACCESSIBILITY STANDARD - The term "National Instructional Materials Accessibility Standard" means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats (See Federal Register, Volume 71, Number 138, pages 41083-41089, July 19, 2006).
- PRINT INSTRUCTIONAL MATERIALS - The term "print instructional materials" means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom.
- SPECIALIZED FORMATS - The term "specialized formats" has the meaning given the term in section 121(d)(3) of title 17, United States Code. Specialized formats means Braille, audio, digital text or large type which is exclusively for use by persons who are blind or other persons with print disabilities as defined above.
- ICAM OBLIGATIONS
- OUR Obligations
- ICAM grants YOU a terminable, non-exclusive, royalty free right to access the Web Site and to request files consistent with the provisions of 17 U.S.C. Sec. 121 and in accordance with the terms, conditions, and restrictions of this Agreement.
- ICAM staff will provide YOU with that level of technical support deemed necessary and reasonable during the term of this Agreement.
- ICAM reserves the right, in our sole discretion, to refuse service or to reject any request deemed unacceptable due to patterns of usage that suggest abuse, or for other legal reasons. ICAM also reserves the right to refuse service or to reject YOUR download request if YOU cannot establish that YOU represent a State or local educational agency at the time of intended use.
- USER OBLIGATIONS AND RIGHTS
- YOUR Obligations
- Once YOU have been registered to use the ICAM with Indiana Department of Education/Center for Exceptional Learners, YOU will be provided with an access to the functionality of the ICAM Web Site, for requesting either the NIMAS files or specialized formats of the files, if YOU have completed the requirements below:
- YOU have agreed to the terms of this Agreement by selecting "I Agree". Once YOU have agreed to the terms of this agreement, YOUR registration is -valid for one (1) year. Each year YOUR superintendent will need to resubmit names of the Digital Rights Manager for the LEA.
- YOU agree to retain YOUR Password in strict confidence and not disclose or share it with any third party, nor otherwise assist any third party in gaining access to the ICAM ordering site.
- YOU agree to log off when YOU leave the computer so that others cannot use it to access the ordering section of the ICAM Web site. Other authorized users of the ICAM must log in under their own user name and password if they are using YOUR computer for accessing the site.
- By accepting this Agreement, YOU certify to ICAM and to the owners of the copyrights for the content provided through these Files that YOU are legally qualified to acquire the Files under the Copyright laws and agree to abide by the restrictions imposed under the Copyright laws and this Agreement.
- By accepting this Agreement, YOU agree not to make any commercial use of the Web Site, its content, including charging others for access or selling collections of content obtained from the ICAM. YOU are not permitted to copy or reproduce any portion of the content for distribution to anyone other than blind or other persons with print disabilities, even at no cost.
- YOU are responsible for the security of YOUR computer and software environment and YOUR Password. If YOUR Password is lost or misplaced by YOU, YOU must advise ICAM immediately of this fact so that a new Password can be assigned to YOU. Failure to promptly advise ICAM of loss or theft of YOUR Password may be grounds for immediate termination of YOUR account.
- YOU understand and acknowledge that WE use Digital Rights Management (DRM) technology or other copyright protection mechanisms, for all downloaded files, to track violations of Copyright law and our contractual agreements with YOU, which technology or mechanisms may include identifying codes embedded in content specific to YOU and/or use other tracking devices that will enable ICAM and the content owners to collect information regarding electronic redistribution of information of where the File is being downloaded. And any redistribution of Files and such collection may include the internet protocol (IP) address or other identifiable information of where the File is being forwarded. YOU will not knowingly delete or tamper with such DRM technology, codes or other mechanisms.
- YOU will not allow others to access the Web Site using YOUR User ID or Password nor will YOU allow others to download the content from the Web Site, nor will YOU transfer to third parties any physical or electronic copies of any content YOU have downloaded to an Organization that has not agreed to the terms of this agreement.
- YOU will not, in communicating with US, use any false email or physical address or residence, false name or identification, or impersonate any other person or entity, or otherwise mislead US as to the origin of communications, or any qualifying information. Any such action is grounds for immediate termination of YOUR user account and may be grounds for damage claims by Copyright owners in addition to any other remedies available.
- YOU return to the Indiana Education Resource Center (IERC), at the end of school year, all materials provided in Braille and large print and all aids and equipment that are no longer needed. If YOU are transferring these materials to another student, you are responsible for notifying the IERC.
- YOU are responsible for ordering specialized formats of textbooks and core instructional materials, for qualifying students, from the ICAM in a timely manner. YOU are responsible for ensuring that these materials are delivered to the students at the same time as their non-disabled peers receive their instructional print materials. This will require pre-planning on YOUR part and attention to ordering these materials three to four months before the students need them. For students with visual impairments YOU are responsible for consulting the ordering calendar (found in the Policy and Procedures Section of the ICAM web site).
- YOU are responsible for insuring that someone at the receiving school location will be available to receive specialized formats of text-books and core instructional materials during the summer months and get them to the qualifying student in a timely manner.
- Limitation of Liability; Indemnity by User
THE INDIANA CENTER FOR ACCESSIBLE MATERIALS (ICAM) AND THE PUBLISHERS AND COPYRIGHT OWNERS OF THE CONTENT SHALL NOT IN ANY CASE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING OF, THE PERFORMANCE OF, OR YOUR USE OF THE ICAM WEB SITE SERVICES AND THE FILES PROVIDED HEREUNDER.
- YOU, agree to indemnify and hold the ICAM harmless from any liability, loss, cost, damage or expense, including reasonable attorney's fees and costs, that may result from any claim made by any publisher or copyright owner that YOU, or any one acquiring copies of copyrighted materials downloaded from the ICAM Website through YOU, is not visually impaired, reading disabled or otherwise legally entitled to download and use the content from the ICAM Website under the provisions of 17 U.S.C. § 121 and related laws. This indemnity includes claims arising out of your breach of any of your obligations under this agreement, whether by reason of intentional misuse or because of your negligence.
- GRANT OF LICENSE. ICAM grants YOU, a nonexclusive and nontransferable license to view online the content of the ICAM On-line Ordering System. The online document is designed to be viewed online only - there are no "print," "save," or "cut and paste" options - and the license granted to YOU by this agreement does not include the right to download, reproduce, store in a retrieval system, modify, make available on a network, use to create derivative works, or transmit the content of the Online Document in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise.
- COPYRIGHT. YOU acknowledge that the content of the Online Document is copyrighted and is protected by U.S. copyright law and international treaty provisions.
- MISCELLANEOUS. The terms of this agreement may be changed from time to time. ICAM may suspend or discontinue providing the online ordering system to YOU with or without cause and without notice. ICAM may pursue any remedy legally available to it if YOU fail to comply with any of your obligations hereunder. The failure of ICAM to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- This agreement shall be construed and interpreted pursuant to the laws of the State of Indiana applicable to agreements wholly entered into and performed in the State of Indiana, excluding that body of law dealing with conflict of laws. Any legal action, suit, or proceeding arising out of or relating to this agreement or the breach thereof shall be instituted in a court of competent jurisdiction in the State of Indiana and each party hereby consents and submits to the personal jurisdiction of such court, waives any objection to venue in such court and consents to the service of process by registered or certified mail, return receipt requested, at the last known address of such party.
- The terms of this agreement constitute the entire agreement between the parties with respect to the subject matter hereof. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the terms of this agreement will in any event remain valid and enforceable.