Northstar Digital Literacy 4/25/2022

Testing Location Agreement This testing location agreement was last modified on June 18, 2021. This Testing Location Agreement (this "Agreement"), is effective between Literacy Minnesota, a Minnesota non-profit corporation, ("LM") and the organization, business, or other entity ("Testing Location")joining or continuing use of the Northstar Digital Literacy Project ("Project") as an approved testing location. The Project is an online digital literacy assessment tool hosted by LM designed to be used in educational and non-profit sectors, including libraries, Adult Basic Education, Community Colleges, Community Based Organizations, and similar settings. Testing Location desires to access the Project to assess the digital literacy of individuals utilizing the assessment through the Testing Location's site ("Test Takers") and LM desires to provide such access. All parties agree: Testing Location's access to and use of the Project is subject to the terms and conditions of the Terms of Service ("Terms"), which are incorporated by reference. In case of a conflict between the terms of this Agreement and the Terms, the provisions of this Agreement govern. This Agreement covers a period of one year (the "Initial Term").Unless earlier terminated in accordance with this Agreement, this Agreement will automatically renew for successive one- year terms (each a "Renewal Term" and together with the Initial Term,the "Term") unless either party gives the other party written notice of non-renewal. Either party may terminate the Agreement in case of a material breach that remains uncured for 30 days after the non- breaching party provides notice of the breach. Following expiration or termination, LM will retain Test Taker Data (as defined below) for up to one year ("Data Retention Period") in the event Testing Location elects to reinstate its use of the Project under the then-current terms and conditions, unless otherwise directed by Testing Location. Testing Location acknowledges that unless it enters into a new agreement under the then-current terms and conditions within the Data Retention Period, it will have no further access to Test Taker Data collected during the Term of this Agreement. Upon the expiration or termination of this Agreement, all rights licensed to Testing Location will revert immediately to LM, and Testing Location will destroy all copies (including deletion of all digital copies) of the Curricula (as defined below). Testing Location will use the Project in a non-profit manner, and will not charge fees to any Test Taker. The Project infrastructure has been designed to be automated to the greatest extent possible, in order to facilitate optimal access to resources at a reasonable cost. This intent and the limitations of LM's available resources are acknowledged and will be respected by all parties. The Project can be used by Testing Location to: • Access individual and summary data for Test Takers that use the Project through Testing Location; • Analyze individual and group assessment data to determine the areas of instruction needed by Test Takers participating in digital literacy classes; • Compare assessment results as pre- and post-tests for Test Takers; and • Access and adapt sample curricula developed by LM ("Curricula").