SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT

Website Accessibility Conformance for edX

18. Website, Mobile Application, and LMS Deadline: Within eighteen (18) months after the Effective Date of this Agreement, edX shall:

    1. Ensure that www.edx.org , its mobile applications, and the LMS conform with, at minimum, the Web Content Accessibility Guidelines (“WCAG”) 2.0 AA, published by the Web Accessibility Initiative of the World Wide Web Consortium (“W3C”).  In achieving such conformance and usability by people with disabilities, edX may rely upon the User Agent Accessibility Guidelines (“UAAG”) 1.0, the Authoring Tool Accessibility Guidelines (“ATAG”) 2.0, and the Guidance on Applying WCAG 2.0 to Non-Web Information and Communications Technologies (“WCAG2ICT”), published by the W3C, as well as guidance published by the W3C’s Mobile Accessibility Task Force.

    2. Ensure that any changes or additions to www.edx.org , its mobile applications, or the LMS do not cause any of them to fall out of conformance with, at minimum, WCAG 2.0 AA;

    3. Ensure that the CMS enables the creation and presentation of content that conforms with WCAG 2.0 AA; and

    4. Ensure that www.edx.org, its mobile applications, and the Platform do not block or interfere with any accessibility features in Course Content provided by Content Providers, including any content published in accessible formats such as:

       1. WCAG 2.0 AA;

       2. MathML for digital mathematical and scientific notation;

       3. WCAG2ICT for non-web software and content;

       4. The Web Accessibility Initiative Accessible Rich Internet Applications Suite (“WAI-ARIA”);

       5. The Digital Accessibility Information System (“DAISY”) Standard, published by the DAISY Consortium, for digital publications and documents; or

       6. EPUB3, published by the International Digital Publication Forum, for digital publications and documents; and

    5. Retain all the steps listed in Paragraph 13 above, which edX has adopted, to increase the accessibility of www.edx.org and courses available on its Platform;

19. CMS Deadline: Within eighteen (18) months after completing the requirements of Paragraph 18.a, or within eighteen (18) months after the Website, Mobile Application, and LMS Deadline, whichever is sooner, edX shall ensure that the CMS conforms with, at minimum, WCAG 2.0 AA.

20. Within thirty (30) days of the Effective Date and for the Term of this Agreement, edX shall include in all new or renewed master agreements between Content Providers and edX:

    1. a provision notifying Content Providers that, under the terms of an agreement with the United States:

       1. EdX has agreed to incorporate accessibility in www.edx.org, its mobile applications, and its Platform to meet a wide variety of requirements of Participants with disabilities to enable Content Providers to develop accessible course content;

       2. EdX has agreed to notify Content Providers that use of authoring tools other than those provided by edX may result in inaccessible course content; and

    2. a provision requiring Content Providers, prior to the launch date for each new MOOC, to certify to edX that such MOOC satisfies the requirements set forth in the MOOC Development Checklist.

21. EdX’s obligations under this Agreement do not include the conformance with WCAG 2.0 AA of websites that are not owned or controlled by edX but are linked from www.edx.org, its mobile applications, or the Platform, unless the website provides identification verification, payment, registration, or login capabilities for www.edx.org, its mobile applications, or the Platform.