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O*NETTM Developer's Agreement

1. Developers/Parties. A party ("Developer") that uses or intends to use any or all of the O*NETTM Career Exploration Tools or any part, to develop value-added products ("Products") to expand use of the tools in career counseling, career exploration and career planning, or to conduct research and development to enhance the employment potential of today's workforce, agrees to be bound by the terms of the O*NET Developer's Agreement ("Agreement").

2. Background and Purpose. The U.S. Department of Labor, Employment and Training Administration ("DOL/ETA") developed the O*NET Career Exploration Tools for use in career counseling, career exploration and career planning. The O*NET Career Exploration Tools are composed of:

  1. INTEREST PROFILER
  2. COMPUTERIZED INTEREST PROFILER
  3. WORK IMPORTANCE LOCATOR
  4. WORK IMPORTANCE PROFILER (computerized)
  5. ABILITY PROFILER

To expand upon the extensive research conducted in developing these tools and to promote the creation and development of materials that will enhance the employment potential of today's workforce, DOL/ETA grants a nonexclusive, royalty-free license to the Developer to reproduce, copy, redistribute, create derivative work from, and modify the O*NET Career Exploration Tools, subject to terms of this Agreement. To facilitate the public's access to information regarding available Products, DOL/ETA has established a voluntary central repository ("Repository") of Products' information. This Repository includes a summary of Products' descriptions and any contact information concerning the Products.

3. Grant of License. DOL/ETA grants the Developer a nonexclusive, royalty-free license to reproduce, copy, and redistribute any of the O*NET Career Exploration Tools. DOL/ETA also grants the Developer a nonexclusive, royalty-free license to modify and/or to create derivative works from any or any portion of the O*NET Career Exploration Tools in accordance with paragraphs 10 and 11 of the Agreement. No additional license is required to copy, use, distribute, create derivative works from, and modify any, or any portion of the, O*NET Career Exploration Tools. This license is subject to the requirements and restrictions contained in this Agreement. This license also includes a grant to use O*NET Career Exploration Tools for research and development. No license is granted under any provisions of this Agreement for the use of the U.S. Department of Labor's seal, marks, or logo. Any license to the service marks and trademarks owned by DOL/ETA is expressly stated in this agreement. Any use of the terms "U.S. Department of Labor" or "Employment and Training Administration" is specifically provided for in this Agreement.

4. Copyright Ownership. The O*NET Career Exploration Tools are owned by the DOL/ETA and protected by United States copyright laws and international treaty provisions. Therefore, the Developer agrees to treat the O*NET Career Exploration Tools like any other copyrighted material, except that the Developer may reproduce, copy, redistribute, make derivative works from, and modify the O*NET Career Exploration Tools, or any portion, subject to the requirements and restrictions set forth in the Agreement.

5. Notice on Products. When the Developer uses or incorporates unmodified O*NET Career Exploration Tools in the Products, Developer must prominently display on these Products and any related user's manuals the following notice: "This Product uses O*NETTM Career Exploration Tools." This notice must also display the O*NET IN IT bugs with TM symbol and state the version number of the O*NET Career Exploration Tools used in the Products. The Developer must display this notice on the opening or "launch" screen of all computerized versions of any Products for a reasonable period of time and must incorporate the same notice into the Products' "README" file, if applicable. The trademark logo or icon for the O*NETTM IN IT bug may be downloaded from https://www.onetcenter.org/developers.html.

6. Proper Display of Copyright and Trademark Notices. When the Developer uses or incorporates unmodified O*NET Career Exploration Tools in its Products, Developer must display appropriate DOL/ETA copyright and trademark notices on all Products and any related users' manuals, or on the opening or "launch" screens of the pertinent modules of all computerized versions of any Products for a reasonable period of time. The copyright and trademark notices must state that DOL/ETA is the owner of the O*NET Career Exploration Tools incorporated or contained in the Products and these notices must make clear that any other copyright or trademark notices apply only to Developer's specific original work product. For example, at a minimum, the required copyright notice must state:

"U.S. Department of Labor, Employment and Training Administration is the exclusive owner of all rights under U.S. copyright laws and international treaty provisions in the O*NETTM Career Exploration Tools. Any other copyright notices refer only to [name of developer]'s original work in the product."

The notice also must state clearly that O*NET and O*NET IN IT are trademarks of DOL/ETA. Trademarks notice must state:

"O*NET and O*NET IN IT and logos are trademarks of the U.S. Department of Labor, Employment and Training Administration."

7. Proper Use of Trademarks. Developer must properly display the Trademark symbol when referring to the O*NET trademark. Developer also must use proper trademark citation in notices required under the Agreement and abide by the following instructions on proper trademark usage when referencing or using any of the O*NET Career Exploration Tools. These include:

O*NET Interest ProfilerTM

O*NET Work Importance LocatorTM

O*NET Computerized Interest ProfilerTM

O*NET Work Importance ProfilerTM (computerized)

O*NET Ability ProfilerTM

Specifically, when referencing or using the O*NET mark, Developers must use "O*NET" as an adjective, not as a noun or verb, followed by the proper generic product name. Examples of proper reference to the O*NET Career Exploration Tools are: "...with O*NETTM Career Exploration Tools" or "...includes information from the O*NETTM Career Exploration Tools." Developer must not use or refer to the O*NET trademarks in the following manner: "...includes O*NET." Additionally, the O*NET mark must not appear in the possessive form in any required notices.

8. Problem Identification. If Developer identifies any flaws, errors, bugs, inaccuracies or other problems that it discovers in the O*NET Career Exploration Tools during its own Product development efforts, the Developer is encouraged to report them to DOL/ETA. Such reports should be limited to flaws, errors, bugs, inaccuracies or other problems discovered in the O*NET Career Exploration Tools. The contents of all oral and written reports made to DOL/ETA are subject to Freedom of Information Act. Developer may send the reports by facsimile (202/693-2765) to the attention of the O*NET Project, by email to O*NET Project (o*net@doleta.gov), or by United States Mail to O*NET Project, U.S. Department of Labor, Employment and Training Administration, Room N5637, 200 Constitution Avenue, NW, Washington, DC 20210.

ETA may use such information to correct any errors or inaccuracies in the O*NET Career Exploration Tools.

9. Voluntary Repository of Product Related Information. Developer may submit to the DOL/ETA any of the following: (1) the name of any Products; (2) a summary describing the nature and purpose of the Products; and/or (3) information on how to obtain the Products developed under this Agreement. DOL/ETA's acceptance of any voluntary submissions does not constitute in any way, and must not be construed as, a review, approval or endorsement of any of the Products or other materials. The Developer agrees that any submissions provided to DOL/ETA may be made available to the public for reference purposes only. DOL/ETA agrees to respect any copyright restrictions attached to submissions provided and may refer to any submissions as an example of use of the O*NET IN IT products to the extent permitted by law. Further, Developer agrees that DOL/ETA will make no payment and that it expects no payment for any submissions made to the DOL/ETA under the terms of this Agreement. All submissions may be delivered by fax (202/693-2765) to the attention of the O*NET Project, by email to O*NET Project (o*net@doleta.gov), or by United States Mail to O*NET Project, U.S. Department of Labor, Employment and Training Administration, Room N5637, 200 Constitution Avenue, NW, Washington, DC 20210.

10. Authorized Use. The use of the O*NET Career Exploration Tools is authorized for career exploration, career planning, and career counseling purposes only. If Developer uses any of the O*NET Career Exploration Tools, or any part of the Tools, it agrees to be bound by the terms of the "Special Notice: User's Agreement" contained in each O*NET Career Exploration Tool and the "Special Notice: Proper Use of Results" contained in each of the User's Guides for the O*NET Career Exploration Tools. Each O*NET Career Exploration Tool must be used consistently with its own "User's Guide." If any, or any part, of the O*NET Career Exploration Tools is used for a purpose or purposes other than career exploration, career planning, and career counseling purposes, a validation study must be conducted in accordance with Paragraph 11.

11. Validation Required of Modifications to the O*NET Career Exploration Tools. DOL/ETA conducted extensive research and development to ensure that the directions, format, items and score reports of the O*NET Career Exploration Tools lead to valid and objective self-assessment. DOL/ETA adhered to the high standards of the American Psychological Association, the American Educational Research Association, and the National Council on Measurement in Education in developing the O*NET Career Exploration Tools. In developing the tools, fairness analyses were conducted to ensure that score results were equally valid both from a statistical and usability perspective. Results provided from the O*NET Career Exploration Tools provide useful information that individuals can use to identify their strengths, the parts of work they like to do, and the parts of work that they may find important.

a. Modification of the Purpose or Purposes of the Tools. The DOL/ETA developed the O*NET Career Exploration Tools as career counseling, career planning, and career exploration purposes. If Developer modifies any or all of the O*NET Career Exploration Tools in a manner designed to change their original purposes: as career counseling, career planning, or career exploration tools, Developer must conduct a study ("Validation Study") to ensure that any and all results, information or other materials derived from the use of the modified O*NET Career Exploration Tools 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.

b. Modification of Content. If the Developer only uses a part of, or in any other manner modifies or revises, any part of the O*NET Career Exploration Tools, Developer must conduct a Validation Study to ensure that any and all results, information or other materials derived from the use of the modified O*NET Career Exploration Tools 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 Developer's system is not a modification under this clause.

c. Notification Requirement of Modifications. Instead of the notice requirements in Paragraphs five and six of the Agreement, Developer must provide notification to all intended end-users and audiences of all modifications to the O*NET Career Exploration Tools, or any part of any of the tools, including but not limited to those described in subparagraphs 11 a. and b. of this Agreement. This notice also must include a disclaimer of all liability by DOL/ETA to any end-user of the modified O*NET Career Exploration Tools or any Products incorporating or containing the modified O*NET Career Exploration Tools. The notice must state:

DOL/ETA DISCLAIMER

"[Name of Developer] has modified all of, a portion of, or the purpose of the O*NETTM Career Exploration Tools. The Department of Labor, Employment and Training Administration ("DOL/ETA") has not approved, endorsed or tested the modified O*NET Career Exploration Tools or any products incorporating or containing themodified O*NET Career Exploration Tools. As such, DOL/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."

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

Developer agrees to display the required notice in a conspicuous manner directly on the modified O*NET Career Exploration Tools or any Products incorporating or containing the modified O*NET Career Exploration Tools and user's manuals. Developer also agrees to 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 modified O*NET Career Exploration Tools or Products incorporating or containing the modified O*NET Career Exploration Tools.

Developer also agrees that a description of the nature of the modifications and the DOL/ETA disclaimer to the end-user must be readily accessible to the intended end-user or audience. For example, Developer 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, Developer may provide a link or hyperlink on the opening or launch screen that will connect to a site that will describe the nature of the modifications and a disclaimer of all liability by DOL/ETA to any end-user of the modified O*NET Career Exploration Tools or any Products incorporating or containing the modified O*NET Career Exploration Tools. The link or hyperlink that appears on the launch screen must, at a minimum, refer to "modifications and DOL/ETA disclaimers." The description of the modifications must include information on the nature of any modification to any O*NET Career Exploration Tool or the use of any part of any tool.

12. Redistribution of files. Certain components and/or files of the software have been licensed by third parties to the U.S. Department of Labor. Such third parties own and/or have copyrights or other rights in those components and these components of the software may not be distributed separately. You may contact the National Center for O*NET Development for a list of such components and third parties.

13. Assumption of Risk. The Developer agrees that any use or modification of the O*NET Career Exploration Tools will be entirely at Developer's own risk. The Developer is responsible for Developer's use of the O*NET Career Exploration Tools. Such use may include, but is not limited to (i) the Developer's direct incorporation of all or any portion of the O*NET Career Exploration Tools in any Products, (ii) the Developer's own development work based upon any of the materials, instructions, questions, results or other information contained in the O*NET Career Exploration Tools, or (iii) the Developer's own negligence.

14. Disclaimers. THE O*NET CAREER EXPLORATION TOOLS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. DOL/ETA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DOL/ETA BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, EVEN IF DOL/ETA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY DEVELOPER OR FOR ANY THIRD PARTY CLAIM.

Neither the Developer, its employees, agents nor distributors have any right to make any other representation, warranty or promise with respect to the O*NET Career Exploration Tools.

15. Independent Parties. The DOL/ETA and Developer are independent parties. Nothing in this Agreement is to be construed to make the Developer an agent, employee, franchisee, joint venturer, partner or legal representative of DOL/ETA.

16. Acceptance. The Developer's use or modification of the O*NET Career Exploration Tools covered by this Developer's Agreement, is construed as acceptance by the Developer of the terms of this Agreement.

SAMPLE 1 OF NOTICES REQUIRED UNDER THE O*NET DEVELOPER'S AGREEMENT FOR UNMODIFIED TOOLS BY PARAGRAPH 5 and 6.

"This Product uses O*NETTM Career Exploration Tools, version no ___. The trademark logo or icon for the O*NETTM IN IT bug."

"U.S. Department of Labor, Employment and Training Administration is the exclusive owner of all rights under U.S. copyright laws and international treaty provisions in the O*NETTM Career Exploration Tools. Any other copyright notices refer only to [name of developer]'s original work in the product."

"O*NET and O*NET IN IT and their associated logos are trademarks of the U.S. Department of Labor, Employment and Training Administration."

Complete registration:
Certification Form - O*NET Career Exploration Tools