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DocuSign Envelope ID: C9644C86-249E-4564-9B95-9A39681C2643 TCA 11.2.The Test Center agrees to protect the privacy of the confidential personally identifiable information contained in the Test Taker Data such as, but not limited to, names, addresses, telephone numbers, dates of birth, test scores, and any other information provided by the Test Takers in strictest confidence, in accordance with the requirements of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), the Federal law that protects the privacy of student education records. 12. Ownership. 12.1.The Test Center understands and acknowledges that PSI retains ownership of all right, title and interest in and to the PSI Proprietary Materials and the PSI -owned Technologies, including all associated Intellectual Property Rights therein. Except for the right to use the Test Materials in accordance with the terms of this Agreement, no proprietary rights in or to the Test Materials are granted to the Test Center under this Agreement. The Test Center acknowledges that access to the Test Materials is granted for a limited time ending five (5) days after the close of the Test Center's designated test date, at which time all materials must be returned to 3769 Rome Drive, Suite B, Lafayette, IN 47905, or other PSI location as directed by PSI. All Test Materials provided under this Agreement are owned and copyrighted by PSI. The Test Center will adhere to all security guidelines provided in Section 9 herein. 12.2.The Test Center understands and acknowledges that the State retains ownership of all right, title and interest in and to the Test Taker Data. 13. No Modifications. The Test Center acknowledges and agrees that it will not change or modify the PSI Proprietary Materials in any way. 14. PSI Trademarks. The Test Center acknowledges and agrees that PSI, PSI Services LLC, High School Equivalency Test, HiSET, and the PSI and HiSET logos are trademarks and/or service marks of PSI. The Test Center agrees not to use, reproduce, copy, or create materials for promotional purposes or to register and use any Internet Domain Name bearing the PSI or HiSET name, trademarks or service marks, or the marks of PSI or HiSET clients or service providers, whether such marks or names now exist or may exist during the Term of this Agreement, without the prior written approval and review of such materials by PSI. Notwithstanding anything to the contrary in this Agreement, no trademark license is hereby granted to the Test Center. 15. Infringement. The Test Center will exercise reasonable diligence to discover infringements of the PSI - owned Technologies and/or PSI Proprietary Materials, and any associated Intellectual Property Rights therein. The Test Center will promptly notify PSI of any infringement of PSI's intellectual property rights of which it becomes aware; and in the event PSI decides that a proceeding should be brought relative to such infingement, the Test Center will cooperate fully with PSI to prosecute such action. PSI will fully control prosecution of such infringements and will assume the related cost. If a third party asserts a claim against the Test Center that the use by Test Center of the PSI -owned Technologies and/or PSI Proprietary Materials infringes on such third parry's intellectual property rights, the Test Center will immediately notify PSI of such claim and PSI will have the right (but not the obligation) to control any litigation or negotiation arising as a result of such claim. 16. Insurance. The Test Center is responsible for any and all liability arising, directly or indirectly, as a result of the operations conducted at the Test Center. PSI shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the HiSET