Licensing Agreement

EDU, Inc. – Common Black College Application (CBCA)

License Agreement

Effective Date: 9/1/2000

1. Agreement & Acceptance

This License Agreement (“Agreement”) is entered into between:

EDU, Inc. (“CBCA,” “we,” “us,” or “our”) and
You (the individual user and/or the legal entity you represent).

This Agreement governs your access to and use of:

  • Common Black College Application platform
  • All related application materials, services, and systems

By accessing or using the CBCA platform, you agree to be legally bound by this Agreement.

If you do not agree, you must immediately discontinue use.

2. Definitions

2.1 “Works”

“Works” means all CBCA-provided materials and systems, including:

  • Application forms (first-year, transfer, scholarship)
  • Counselor and recommender tools
  • Data systems and dashboards
  • Instructions, content, and supporting materials
  • Any updates, enhancements, or derivatives

2.2 “Admissions Data”

Information submitted by or about applicants, including:

  • Personal data
  • Academic records
  • Application responses
  • Counselor-submitted materials

2.3 “Services”

All platform-based services provided by CBCA, including:

  • Application submission
  • Data transmission to institutions
  • Reporting tools
  • Communication tools

3. License Grants

3.1 License for Students

CBCA grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the platform
  • Complete and submit applications
  • Upload required materials

Restrictions:
You may NOT:

  • Submit false or misleading information
  • Use the platform for any purpose other than applying to institutions
  • Share account access

3.2 License for Member Institutions

CBCA grants member colleges and universities a limited, non-exclusive, non-transferable, revocable license to:

  • Access applicant data submitted through CBCA
  • Use CBCA Works for internal admissions operations

Institutions may NOT:

  • Sell, transfer, or share Admissions Data with unauthorized third parties
  • Use CBCA data to promote competing application platforms
  • Reverse engineer or replicate CBCA systems

3.3 No Sublicensing

No license granted under this Agreement includes the right to:

  • Sublicense
  • Transfer
  • Commercialize CBCA Works

without prior written consent.

4. Ownership & Intellectual Property

CBCA retains all rights, title, and interest in:

  • The platform
  • All Works
  • Associated intellectual property

You receive only the limited license expressly granted.

Any unauthorized use:

  • Terminates your license
  • May result in legal action

5. Data Use & Restrictions

5.1 Platform Role

CBCA acts as a data facilitator, not an admissions authority.

5.2 Institutional Responsibilities

Member institutions:

  • Control how they use applicant data after receipt
  • Are responsible for their own compliance with laws such as FERPA

5.3 Prohibited Data Use

You may NOT:

  • Share Admissions Data with unauthorized parties
  • Use data for unrelated marketing or resale
  • Use CBCA data to compete with CBCA

5.4 Approved Data Sharing

Data may only be shared:

  • With CBCA-approved partners
  • Under written agreement
  • For legitimate admissions-related purposes

6. Communications

Institutions may communicate with applicants using CBCA data.

However:

  • CBCA does not control the content or frequency of such communications
  • Institutions are responsible for compliance with applicable laws, including the CAN-SPAM Act

7. Disclaimer of Warranties

THE SERVICES AND WORKS ARE PROVIDED “AS IS.”

CBCA DISCLAIMS ALL WARRANTIES, INCLUDING:

  • Accuracy or completeness
  • System availability
  • Admission outcomes
  • Scholarship eligibility

We do NOT guarantee:

  • Acceptance to any institution
  • Timely processing by institutions
  • Error-free operation

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

CBCA is NOT liable for:

  • Admissions decisions
  • Institutional actions or omissions
  • Data misuse by third parties
  • Lost opportunities

Maximum liability is limited to:
the total amount paid by you (if any)

9. Indemnification

You agree to indemnify and hold harmless CBCA from:

  • Claims arising from your misuse of the platform
  • False or misleading submissions
  • Violations of law or third-party rights

10. Termination

CBCA may suspend or terminate your access:

  • Immediately for violations
  • At any time for security or legal concerns

Member institutions may terminate with 30 days’ notice.

Upon termination:

  • All licenses are revoked
  • You must cease all use
  • Data obligations survive termination

11. Governing Law & Disputes

This Agreement is governed by the laws of the State of Georgia.

All disputes shall be resolved:

  • In Fulton County, Georgia
  • In accordance with applicable law

(If your Terms of Use includes arbitration, this Agreement should align with it.)

12. General Provisions

12.1 Severability

If any provision is invalid, the rest remain enforceable.

12.2 No Assignment

You may not transfer this Agreement without written consent.

12.3 Entire Agreement

This Agreement represents the full understanding between parties.

12.4 Updates

CBCA may modify this Agreement at any time. Continued use constitutes acceptance.