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

BACKGROUND

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and edX Inc. (“edX”).

2. EdX owns and operates www.edx.org, mobile applications, and a Platform, which are available through the Internet to personal computers, laptops, mobile devices, tablets, and other similar devices.  Through www.edx.org, its mobile applications, and its Learning Management System (or “LMS”), edX provides Participants the ability to remotely and independently take hundreds of massive open online courses (“MOOCs”).  EdX contracts with more than 60 institutions of higher education, and other organizations, which post the MOOCs on www.edx.org.  EdX offers MOOCs on topics such as biology, business, chemistry, computer science, engineering, history, law, literature, math, medicine, music, and physics.

3. EdX supplies free software for Content Providers to use in developing Course Content for Participants, referred to in the Agreement as the Content Management System or CMS.  Many Content Providers use the CMS to develop Course Content, but they are not required to do so.  The software code that comprises the LMS and the CMS, collectively referred to as the Platform, is released under an open source license, and thus is freely available online to use, copy, modify, and further distribute.  Content Providers create and retain ownership of Course Content.

4. The United States initiated a compliance review under Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, to determine whether individuals with disabilities have full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered by edX through its website, www.edx.org.

5. Following the compliance review, the United States determined that www.edx.org and the Platform were not fully accessible to some individuals with disabilities in violation of Title III of the ADA.

6. EdX disputes the findings set forth above and denies that www.edx.org, its mobile applications, and the Platform are covered by or are in violation of Title III of the ADA.

7. Under this Agreement, edX has agreed to make modifications to www.edx.org, its mobile applications, and its Platform and take certain other actions, which will increase the accessibility of new and existing courses.  This Agreement will permit Content Providers, many of which are independently covered by the ADA, the opportunity to contribute Course Content that complies with the ADA on www.edx.org, edX’s mobile applications, and Platform.  Because edX has released the software code that comprises its Platform under an open-source license and made it available for free, any modifications made under this Agreement will enable other MOOC providers to enhance the accessibility of online offerings.

8. Terms used throughout this Agreement are defined within the text of this Agreement or in the Definitions section at the end of, and incorporated into, this Agreement.