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LM acknowledges that, as between LM and Testing Location, Testing Location owns all right,
<br /> title, and interest, in and to information, data, and other content that is submitted, posted,
<br /> created by, or otherwise transmitted by or on behalf of Testing Location or a Test Taker ("Test
<br /> Taker Data"). For clarity, Test Taker Data includes, but is not limited to, the following types of
<br /> information: Test Taker names, email addresses, assessment scores, and "tags" created by a
<br /> Testing Location admin user. Testing Location hereby grants to LM a non-exclusive, royalty-free,
<br /> worldwide license to reproduce, distribute, and otherwise use and display the Test Taker Data
<br /> and perform all acts with respect to the Test Taker Data as may be necessary for LM to provide
<br /> the Project to Testing Location, and a non-exclusive, perpetual, irrevocable, royalty-free,
<br /> worldwide license to reproduce, distribute, modify, and otherwise use and display Test Taker
<br /> Data in an aggregate and anonymized manner, including to compile statistical and performance
<br /> information related to the Project. In addition to the rights granted in the Terms of Service, and
<br /> subject to the limitations of this Agreement, LM hereby grants to Testing Location during the
<br /> Term, a non-exclusive, non-transferable, non-sublicensable license solely to reproduce, perform
<br /> publicly, display, transmit, distribute, and create derivative works based on the Curricula solely
<br /> for the purpose of using and adapting the Curricula to support Testing Location's use of the
<br /> Project. For clarity, the definition of"Curricula" includes any permitted adaptations made by
<br /> Testing Location.
<br /> Testing Location will:
<br /> • Complete and update as needed the LM Sponsor Site Application Form;
<br /> • Assign a staff member to coordinate implementation and usage of the Project;
<br /> • Have proctors complete the online proctor training and follow the proctor Code of
<br /> Conduct as provided by LM;
<br /> • Enforce the Test Taker Code of Conduct, as provided by LM;
<br /> • If Testing Location desires to award Northstar Certificates to Test Takers successfully
<br /> passing the assessment(s), Testing Location staff will complete online training and follow
<br /> all proctor agency requirements as provided by LM.
<br /> • Follow all other reasonable requirements of LM;
<br /> • Respect and utilize self-help (such as manuals and training materials) and automated
<br /> features of the Project to request technical assistance to the greatest extent possible;
<br /> • Retain copyright notices specified by LM in the Project, including Curricula (further,
<br /> Testing Location will not use any copyright notices that conflict with, confuse, or negate
<br /> notices specified by LM);
<br /> • Take reasonable measures to protect and safeguard LM's intellectual property rights in
<br /> the Curricula;
<br /> • Promptly notify LM of any actual, suspected or threatened infringement of the
<br /> Curricula.
<br /> • Not create tags that consist of: highly personal individual identifiers (e.g., birthdate,
<br /> social security or other government-issued identification numbers, etc.)
<br /> • Take full liability for the creation and use of tags that consist of: characteristics of legally
<br /> protected classifications; professional or employment-related information; or inferences
<br /> drawn from any of the foregoing that could specifically identify any individual. For
<br /> clarity, LM does not make standard tags available to Testing Location, and the capability
<br /> is provided for Testing Location's convenience at its own risk.
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