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DocuSign Envelope ID: C9644C86-249E-4564-9B95-9A39681C2643 TCA provides value or a competitive advantage to its holder by not being publicly known; and (iv) patents, patent applications, continuations, divisionals, reexaminations, reissues, continuations- inpart, and foreign equivalents of the foregoing, in the United States or any other country. 1.6."PBT" shall mean paper -based test (or testing) or the delivery of a HiSET test via paper format. 1.7"PSI Services LLC" or "PSI" is a Delaware limited liability company and testing organization with its principal offices located in Glendale, California that owns HiSET and is the contractor for the State's high school equivalency testing program. 1.8."PSI-owned Technologies" shall mean PSI's pre-existing hardware and software systems used to deliver Test Materials to the Test Center and/or record Test Taker's responses, including but not limited to the PSI portal for registering Test Takers and for delivering final score reports. 1.9."PSI Proprietary Materials" shall mean all HiSET test materials, including but not limited to, test booklets, test items, reports, data, answer sheets, instructional manuals and directions, PSI pre- existing proprietary software, and all derivative works of such PSI Proprietary Materials adapted for use in the high school equivalency program in the State, provided by PSI to the Test Center for the delivery and/or administration of the HiSET test in the state. 1.10."Returnable Test Materials" shall mean the paper version of all used and unused test booklets and answer sheets for the HiSET test. 1.11 "Sales Tax" shall mean State and local sales, use or similar tax. 1.12."Term" shall have the meaning specified in Section 8.1 hereof. 1.13."Test(s)" shall mean the PSI -owned and copyrighted HiSET test, developed and provided by PSI in paper and/or electronic format for use in the high school equivalency testing program in the state. 1.14."Test Administrator" shall mean any staff member responsible for administering the Test at the Test Center. 1.15."Test Materials" shall mean all HiSET test materials, including test booklets, test items, reports, data, answer sheets, and related materials including administration instruction manuals and directions provided to the Test Center by PSI in print, electronic, or other format. 1.16."Test Taker(s)" shall mean the individual(s) sitting for a HiSET test at the Test Center. Other titles for the Test Taker may be examinee or candidate. 1.17. "Test Taker Data' shall mean any and all information obtained/accessed by or disclosed to the Test Center about the Test Taker, including (i) information regarding a Test Taker's name, addresses, or other personally identifiable information (e.g., passport or social security numbers); (ii) any list or grouping of Test Takers, regardless of whether such list also includes publicly available information; and (iii) test scores. 2. Grant of Rights; Restrictions on Use. PSI hereby grants to Test Center a nonexclusive, nontransferable, limited right to use the Test Materials made available to it by PSI in PBT and/or CBT formats, solely for the administration and delivery of the Test to Test Takers in the state. Test Center is granted the right to provide access to the Test Materials to Test Administrators for the sole purpose of HiSET