Common use of Student Data Property of LEA Clause in Contracts

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.). The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. For the purposes of FERPA and state law, the Provider shall be considered a School Official, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the above. The Provider will cooperate and provide Student Data within ten (10) calendar days at the LEA’s request. In order to assist pupils in retaining possession and control of their own pupil-generated content, upon written request from LEA, Provider will cooperate with LEA in the timely transfer of identified pupil-generated content to LEA, or if practicable, to a non-Provider personal account. Non-LEA requests to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and not acted upon by Provider. Notwithstanding the foregoing, Provider retains all right, title and interest in and to any and all of Provider’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (collectively, “Provider Materials”.) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- commercial, incidental use as set forth in the end user license agreement accompanying such software and as contemplated herein.

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.). The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. For the purposes of FERPA and state law, the Provider shall be considered a School Official, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the above. The Provider will cooperate and provide Student Data within ten (10) calendar days at the LEA’s request. In order to assist pupils in retaining possession and control of their own pupil-generated content, upon written request from LEA, Provider will cooperate with LEA in the timely may transfer of identified pupil-generated content to LEAa separate account, or if practicable, according to a non-Provider personal account. Non-LEA requests to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and not acted upon by Providerthe procedures set forth below. Notwithstanding the foregoing, Provider retains all right, title and interest in and to any and all of Provider’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (collectively, “Provider Materials”.) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- non-commercial, incidental use as set forth in the end user license agreement accompanying such software and as contemplated herein.

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.)) provided, however, that in the event a student publishes content in the Application, LEA acknowledges that such content may be used and copied by other users of the Application, and that, in the event that LEA requests deletion of such content, Provider will not be able to delete all such copies made by other users. The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. For the purposes of FERPA and state law, the Provider shall be considered a School Official, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the above. The Provider will cooperate and provide Student Data within ten (10) calendar days at the LEA’s request. In order to assist pupils in retaining possession and control of their own pupil-generated content, upon written request from LEA, Provider will cooperate with LEA in the timely may transfer of identified pupil-generated content to LEAa separate account, or if practicable, according to a non-Provider personal account. Non-LEA requests to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and not acted upon by Provider. Notwithstanding the foregoing, Provider retains all right, title and interest in and to any and all of Provider’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (collectively, “Provider Materials”.) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- commercial, incidental use as procedures set forth in the end user license agreement accompanying such software and as contemplated hereinbelow.

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.). The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, Provider [including any modifications or additions or any portion thereof from any source], are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. For the purposes of FERPA and state law, the Provider shall be considered a School Official, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the above. The Provider will cooperate and provide Student Data within ten (10) calendar days at the LEA’s request. In order to assist pupils in retaining possession and control of their own pupil-generated content, upon written request from LEA, Provider will cooperate with LEA in the timely may transfer of identified pupil-generated content to LEAa separate account, or if practicable, according to a non-the procedures set forth below. Data that is provided through the express written consent from the student who is over eighteen (18) and/or parent/legal guardian through an agreement directly between the Provider personal account. Non-LEA requests and the student who is over eighteen (18) and/or parent/legal guardian is not subject to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and this Agreement (such separate agreement does not acted upon by Provider. Notwithstanding impact the foregoing, Provider retains all right, title and interest in and to any and all of Provider’s software, materials, tools, forms, documentation, training obligations to maintain and implementation materials and intellectual property (collectively, “Provider Materials”process Student Data in accordance with this DPA).) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- commercial, incidental use as set forth in the end user license agreement accompanying such software and as contemplated herein.

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.). The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. For the purposes of FERPA and state law, the Provider shall be considered a School Official, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the above. The Provider will cooperate and provide Student Data within ten (10) calendar days at the LEA’s request. In order to assist pupils in retaining possession and control of their own pupil-pupil- generated content, upon written request from LEA, Provider will cooperate with LEA in the timely transfer of identified pupil-generated content to LEA, or if practicable, to a non-Provider personal account. Non-LEA requests to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and not acted upon by Provider. Notwithstanding the foregoing, Provider retains all right, title and interest in and to any and all of Provider’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (collectively, “Provider Materials”.) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- non-commercial, incidental use as set forth in the end user license agreement accompanying such software and as contemplated herein.

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.); provided, however, that in the event a student publishes content in the Application, LEA acknowledges that such content may be used and copied by other users of the Application, and that, in the event that LEA requests deletion of such content, Provider will not be able to delete all such copies made by other users. The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. For the purposes of FERPA and state law, the Provider shall be considered a School Official, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the above. The Provider will cooperate and provide make available Student Data within ten (10) calendar days at to the LEA’s request. In order LEA upon login to assist pupils in retaining possession and control of their own pupil-generated content, upon written request from LEA, Provider will cooperate with LEA a student account in the timely Provider’s application “Sphero Edu” (the “Application”). Provider may transfer of identified pupil-generated content to LEAa separate account, according to the procedures set forth below. The LEA represents and warrants to Provider that it has the right and all necessary consents to transfer to, or if practicable, to a non-Provider personal account. Non-LEA requests to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and not acted upon by Provider. Notwithstanding the foregoingallow access by, Provider retains all right, title and interest in and to of any and all of Provider’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (collectively, “Student Data transferred to or accessed by Provider Materials”pursuant to this DPA.) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- commercial, incidental use as set forth in the end user license agreement accompanying such software and as contemplated herein.

Student Data Property of LEA. All Student Data or any other Pupil Records transmitted to the Provider pursuant to this Agreement is and will continue to be the property of and under the control of the LEA , or to the party who provided such data (such as the student or parent.). The Provider further acknowledges and agrees that all copies of such Student Data or any other Pupil Records transmitted to the Provider, including any modifications or additions or any portion thereof from any source, are also subject to the provisions of this Agreement in the same manner as the original Student Data or Pupil Records. The Parties agree that as between them, all rights, including all intellectual property rights in and to Student Data or any other Pupil Records contemplated per this Agreement shall remain the exclusive property of the LEA. Notwithstanding the foregoing or anything else herein contained, the terms “Student Data” or “Pupil Records” shall not be deemed to include any extract or quotation from any work of fiction or non-fiction in which copyright is controlled by Provider or any licensor of Provider (hereinafter the “Provider IP” ), it being specifically understood, acknowledged and agreed that as between the parties all rights of every kind and nature in the Provider IP, including without limitation copyright, are and shall remain with Provider. For the purposes of FERPA and state law, the Provider acknowledges that Provider shall be considered by LEA a “School Official”, under the control and direction of the LEAs as it pertains to the use of student data notwithstanding the abovedata. The Provider will reasonably cooperate and provide Student Data within ten (10) calendar days at the LEA’s request. In order to assist pupils in retaining possession and control of their own pupil-generated content, upon written request from LEA, Provider will cooperate with LEA in the timely may transfer of identified pupil-generated content to LEAa separate account, or if practicable, according to a non-Provider personal account. Non-LEA requests to Provider for pupil-generated content from students and/or parents/guardians will be sent to LEA and not acted upon by Provider. Notwithstanding the foregoing, Provider retains all right, title and interest in and to any and all of Provider’s software, materials, tools, forms, documentation, training and implementation materials and intellectual property (collectively, “Provider Materials”.) Provider grants to LEA a personal, nonexclusive license to use the Provider Materials for its own non- commercial, incidental use as procedures set forth in the end user license agreement accompanying such software and as contemplated hereinbelow.