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Researcher Agreement

Researcher Agreement

Owned by Adam Blake
Last updated: Feb 01, 2024
12 min read

LAST UPDATED August 16, 2023

Below is a copy of the researcher data use agreement that researchers must agree to to use CourseKata data for research. If you have any questions regarding this agreement, please contact us at info@coursekata.org

Data Use Agreement for Researchers

This Data Use Agreement for Researchers (the “Agreement”) is entered into by and between CourseKata Statistics, part of the Better Book Project at UCLA (“CourseKata”), and the individual who has executed this Agreement on the last page hereof. The goal of the Better Book Project is not only to create high quality online interactive textbooks, but also to use student response data and targeted research studies as a means of continuously improving the effectiveness of the textbook. We are grateful for your interest in joining the CourseKata R&D community as a researcher. As a condition of accessing certain data and information from CourseKata, you agree to abide by the terms of this Agreement. 

Preamble 

CourseKata is a recognized project under the National Center for Civic Innovation (“NCCI”), a 501(c)(3) nonprofit organization. CourseKata’s association with NCCI and UCLA, among other things, require that CourseKata operate consistent with properly organized non-profit, non-commercial, and/or academic research purposes (collectively, the “Charitable Purpose”). In addition, CourseKata’s rights in and to the data, platform, and content provided to you under this Agreement are subject to and qualified by, both now and in the future, certain superior ownership and license rights held by UCLA and/or other third parties (the “Senior Rights”). 

Accordingly, you agree (a) to use the rights and access granted under this Agreement (including your access and use of any other platform, content, and database provided by CourseKata) consistent with the Charitable Purpose and that CourseKata may, in its sole discretion, alter or terminate your rights under this Agreement to ensure compliance with the Charitable Purpose, and (b) that your access and use rights under this Agreement are subject to and limited by the Senior Rights. 

General Terms of Use

As a researcher, you will have non-exclusive access to CourseKata’s large database of student responses to embedded questions and R coding exercises, as well as such data as time spent watching videos, time spent on each page, and so on. You also will have access to any supplemental data that have been provided by the course instructor (such as final course grades).

De-identified data. All course-related data are made available for download after a class has been marked as complete on the CourseKata platform. They have been stripped of all information that could be used to identify individual students. If you find any information in the data that could be used to identify an individual student you agree to delete it immediately and immediately contact the CourseKata team, who will delete such information permanently from the database.

Experiments on the CourseKata platform. Because we are actively studying the effectiveness of the material, we maintain strict control over the master version of the book. However, for research purposes and subject to the other limits in this Agreement, you may create alternate versions of the course materials to test against the master version or each other. 

The CourseKata platform supports testing different versions of the materials against each other in random-assignment experiments in which students within classes get different versions of the book. If you are interested in running such an experiment, you should contact the core team at CourseKata for more information.   

Permitted Uses & Confidentiality

We encourage the innovative and scholarly use of the access and rights provided under this Agreement. However, you understand and agree that you may only use the data, information, platform, and content provided hereunder for the following permitted uses and purposes (the “Permitted Uses”): 

  • Academic and/or scholarly research; and 

  • Nonprofit and/or non-commercial purposes (e.g., purposes not intended for or directed towards commercial advantage or monetary compensation).

Without limiting the foregoing, you agree that you will not, either alone or jointly with others: 

  • Create, develop, or otherwise provide any product or service based upon or incorporating the CourseKata data, content, or platform for commercial or for-profit uses or purposes, including by charging any fee for use or access to the data, content, or platform accessed under this Agreement; 

  • Use, reproduce, distribute, publicly perform, or publicly display all or any part of the CourseKata data, content, or platform (including, without limitation, JupyterHub) for commercial or for-profit purposes; or 

  • Create, develop, or reduce to practice (whether through modifications or otherwise) any derivative of, or derivative works based upon, the CourseKata platform and content, or incorporate the CourseKata platform and content into any proprietary program owned by you or any third-party.

Intellectual property rights. As between you and CourseKata, any right, title, and interest in and to any ideas, concepts, processes, discoveries, developments, formulae, information, materials, feedback, improvements, inventions, methods, notes, correspondence, memoranda, reports, drawings, designs, artwork, content, software programs, other copyrightable works, and any other work product created, conceived or developed by you (whether alone or jointly with others) through the use of, based upon, or incorporating the CourseKata data, platform, and content, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein (collectively, the “Work Product”), will be owned exclusively by CourseKata; provided, however, that the foregoing (a) only extends to tangible embodiments of the Work Product and (b) shall not encompass ideas, concepts, discoveries, or analysis contained within scholarly, academic, or research reports, presentations, or publications that you generate. To the extent you use or incorporate into Work Product any intellectual property owned or developed by you or a third-party (“Preexisting IP”), you grant CourseKata a non-exclusive, worldwide, royalty-free, sublicensable, irrevocable license to use, reproduce, distribute, create derivative works of, publicly perform and publicly display in any medium or format, whether now known or later developed, such Preexisting IP incorporated or used in Work Product. Further, you will acquire no property rights in or ownership of any data provided or accessed under this Agreement. 

All data, information, or materials you have access to under this Agreement that is confidential, sensitive, or proprietary, including without limitation any data or information provided through the database and any information pertaining to individual students, shall be considered “Confidential Information.” You (a) will not use or permit the use of Confidential Information in any manner or for any purpose not expressly set forth in this Agreement, (b) will hold Confidential Information in confidence and protect it from unauthorized use and disclosure, and (c) will not disclose or reveal Confidential Information to any third parties, unless CourseKata has verified that the third party has been granted access under this Agreement. For the avoidance of doubt, any sharing of passwords or credentials as a means to circumvent the confidentiality restrictions of this Agreement is strictly prohibited. You also agree not to download the book for offline use. Improvement relies on data obtained through our online platform.

Attribution

Citing work based on CourseKata data. CourseKata is a non-profit organization funded primarily by philanthropy. We provide all of our data free to researchers, but expect to be credited, and you agree to credit us, as the source of the data in any resulting research reports, publications, and conference presentations. The following protocols will apply in all such matters: 

If you are preparing a research report, publication, or conference presentation, you agree to provide CourseKata with a final copy before it is distributed, presented, or published. This will enable us to ensure the data has been properly described and attributed. If you are publishing an article where you will need or want to provide the underlying data for peer review purposes, you will provide us with the version of the data you have prepared for use in connection with the article for our review and comment; you may not publish or disclose any such data without CourseKata’s prior, written consent. 

All reports, presentations, publications, and data should be sent to CourseKata at info@coursekata.org. For clarity, nothing in this Agreement (including any attribution requirements) constitutes or may be construed as permission to assert or imply that you are, or that your use of the data and information provided under this Agreement is, connected with, or sponsored, endorsed, or granted official status by, CourseKata. 

As long as we are credited as the source of the data, CourseKata is flexible on how and where this attribution is presented. It could be done in the methods or introduction section of a report or publication, or wherever the data are described. 

Example Citations (feel free to copy and paste!)

References

  • Fries, L., Son, J. Y., Givvin, K. B., & Stigler, J. W. (2021). Practicing connections: A framework to guide instructional design for developing understanding in complex domains. Educational Psychology Review, 33(2), 739-762.

  • Son, J.Y. & Stigler, J.W. (2017-2022). Statistics and data science: A modeling approach. Los Angeles: CourseKata, https://coursekata.org/preview/default/program . Currently available in 5 versions.

  • Son, J. Y., Blake, A. B., Fries, L., & Stigler, J. W. (2021). Modeling first: Applying learning science to the teaching of introductory statistics. Journal of Statistics and Data Science Education, 29(1), 4-21.

  • Stigler, J. W., Son, J. Y., Givvin, K. B., Blake, A. B., Fries, L., Shaw, S. T., & Tucker, M. C. (2020). The Better Book approach for education research and development. Teachers College Record, 122(9), 1-32.

  • https://coursekata.org 

Reporting Back

Because CourseKata is based on continuous improvement, we expect researchers to provide us with feedback, observations, suggestions, and ideas for improvement as they review, analyze, and study the data and platform. You agree to promptly notify us of any such matters, along with any errors or omissions you may perceive, to help us ensure our core mission and purposes are achieved. 

Data Sharing Policy

As students work through CourseKata Statistics, they will answer a number of questions and complete many R coding exercises. During the course, students’ data are available only to their instructor (as defined within the local Learning Management System), who can see their responses and track their progress via the “My CourseKata” page.

After students complete the course, all student-generated data is stripped of any information that could be used to identify individual students. This de-identified data is then made available to researchers who are working to improve the quality of the book and, more generally, improve our theories of learning and teaching. 

Although the data are de-identified before being shared with researchers, a secret key is maintained on a separate server that allows us to link additional data to the data generated through interactions with the book. For example, instructors might voluntarily provide the CourseKata team with students’ grades on the final exam, or for the course. Once these data are integrated with other student data, they also are stripped of students’ names and any other identifying information.

Only researchers who sign our data sharing agreement are allowed to access the data. If you find any information in the data that could be used to identify an individual student you agree to delete it immediately and contact the CourseKata team, who will delete such information permanently from the database.

When students start the course, they are informed about how their data will be used, if they allow it, and they are provided with a way to opt out of having their de-identified data included in researchers’ analyses. All data from students who opt out will be excluded from data files accessible by researchers.

Other than the uses outlined above, we will never share students’ data with anyone, and will always protect the confidentiality of students’ data. If you have any questions about students’ data and how they are used, feel free to contact us at info@coursekata.org.

Additional Legal Obligations 

To the extent required by applicable law, including without limitation the Family Educational Rights and Privacy Act, including rules and regulations issued thereunder (“FERPA”), you agree to: 

  • Fully comply with all reasonable procedures and requests from CourseKata that are necessary to comply with applicable law, including those relating to recordkeeping, notification, parent access, confidentiality, data retention, and correction procedures under FERPA; 

  • Use reasonable precautions to secure usernames, passwords, and other means of gaining access to student data (or services incorporating student data); 

  • Immediately notify CourseKata of any known, unauthorized access to student data, provide any information reasonably requested by CourseKata related thereto, and cooperate with any efforts by CourseKata to investigate or respond to any such unauthorized access; 

  • Comply with all applicable federal, state, and local laws, rules, and regulations pertaining to student data and privacy; 

  • Never attempt to re-identify de-identified data; 

  • Promptly delete and/or transfer student data, if any, within your possession, custody, or control upon request by CourseKata; and

  • Use reasonable administrative, physical, and technical safeguards to protect student data from unauthorized access, disclosure, acquisition, destruction, use, or modification.

Miscellaneous 

Choice of Law. This Agreement, including any claims or disputes relating to or arising from this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. 

Term. This Agreement applies from the date it is signed by you and continues so long as you have access to or possession of the CourseKata data, platform, or content. Notwithstanding the foregoing, CourseKata reserves the right, in its sole discretion, to terminate your access to the data provided under this Agreement at any point, including if you breach any term or provision of this Agreement. 

Third-Party Services. Certain third-party software, content, or programs may, now or in the future, be incorporated into or accessible through the CourseKata data, platform, and content (collectively, “Third-Party Services”). You agree to comply with all applicable provisions, including the terms and conditions and privacy policies, of the Third-Party Services and understand that your violation thereof may lead to immediate revocation or your rights under this Agreement. 

Survival. Any rights or obligations in this Agreement that, by their nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement. 

No Conflicts.  By entering into this Agreement, you represent and warrant to CourseKata that you are not subject to any policies, agreements, duties, or restrictions that are inconsistent, incompatible, or in conflict with your obligations under this Agreement. You further represent and warrant to CourseKata that entering into this Agreement and performing your obligations hereunder will not breach any contract or duty to which you are subject. 

Successors and Assigns.  You may not subcontract, transfer, or otherwise delegate or assign this Agreement or any of your obligations under this Agreement without CourseKata’s prior written consent. Any attempted assignment, transfer, or subcontracting in violation of the foregoing will be null and void. Subject to the foregoing, this Agreement is for the benefit of the parties’ successors and assigns. CourseKata may at any time assign or transfer this Agreement, or any or all of its rights or obligations under this Agreement, without your consent. 

Severability.  Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby.

Waiver.  The waiver by CourseKata of any provision or breach of any provision of this Agreement will not operate or be construed as a waiver of any other or subsequent breach. 

Indemnification. You will indemnify, defend, and hold harmless CourseKata and its employees, contractors, representatives, and agents from and against all liability, claims, suits, losses, damages, costs, fees and expenses of every kind (including reasonable attorneys’ fees and costs) resulting from or arising out of your use of the data, information, platform, and content or breach of this Agreement. 

Warranty. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE DATA, INFORMATION, CONTENT, AND PLATFORM OFFERED UNDER THIS AGREEMENT IS OFFERED ON AN AS-IS AND AS-AVAILABLE BASIS, AND COURSEKATA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, 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. NOTHING IN THIS AGREEMENT GRANTS BY IMPLICATION, ESTOPPEL, OR OTHERWISE ANY RIGHTS IN THE INTELLECTUAL PROPERTY OF COURSEKATA AS SET FORTH HEREIN. 

Limit of liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COURSEKATA BE LIABLE TO YOU ON ANY LEGAL THEORY (WHETHER IN TORT, CONTRACT, OR OTHERWISE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS AGREEMENT OR THE MATERIALS PROVIDED HEREUNDER, EVEN IF COURSEKATA 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.

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.

User Acknowledgement

By executing this Agreement below or otherwise accessing the data provided hereunder, you are hereby agreeing to the terms herein. If you do not agree to these terms, you may not use the data. 

 

Executed on the day and year written below. 

 

By: _______________________

Name: ____________________

Title: _____________________

Date: _____________________

 

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