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Microsoft Technology Associate Curriculum License Agreement This license agreement ("Agreement") is a legal agreement between you and

Microsoft Corporation (Microsoft or we) regarding your use of the Microsoft Technology Associate (MTA) program curriculum that you are about to download, install, copy or otherwise use, which may include text and/or speech files, code, associated materials, media and/or documentation (together, the "Curriculum"). The Curriculum is protected by copyright and other intellectual property laws and is licensed, not sold. Please read this Agreement carefully. By using the Curriculum, you accept the terms and conditions of this Agreement. If you do not accept them, do not use the Curriculum. EVALUATION USE RIGHTS. If you are an accredited primary, secondary, post-secondary, vocational trade or technical institution or equivalent: You may use the Curriculum only to internally evaluate whether you would like to become a MTA Test Provider. For clarification purposes only, no right to reproduce, distribute, display publicly, perform publicly, adapt, modify, translate, or prepare derivative works of the Curriculum is granted. You have forty-five (45) days to evaluate the Curriculum, after which this Agreement will automatically expire. Sections 1.1 and 2.1 do not apply. The remaining sections below apply.

CONSULTANT USE RIGHTS. If you are certified as a Microsoft Certified Trainer in good standing under the Microsoft Certification Program, or you are enlisted by Certiport or Microsoft to provide consulting services to the authorized Certiport MTA test providers known as MTA Academic Select Preview Customers (Select Customers): You may use the Curriculum only to provide consulting services to the Select Customers for the sole purpose of helping the Select Customers incorporate the Curriculum into their MTArelated classes. For clarification purposes only, no right to reproduce, distribute, display publicly, perform publicly, adapt, modify, translate, or prepare derivative works of the Curriculum is granted. This Agreement automatically expires on December 31, 2010. Sections 1.1 and 2.1 do not apply. The remaining sections below apply.

If you have entered into an Agreement with Certiport that authorizes you to administer MTA exams, all of the license terms below apply: 1. GRANT OF RIGHTS. 1.1. Copyright License. Subject to the terms of this Agreement, including the conditions and limitations in Section 2, Microsoft grants you a non-exclusive, revocable, non-sublicensable, worldwide, royaltyfree license to (a) reproduce the unmodified Curriculum in quantities reasonably necessary for students enrolled in your MTA-related classes, (b) distribute the unmodified Curriculum solely to your students enrolled in your MTA-related classes, (c) create derivative works of the Curriculum for

use in your MTA-related classes, (d) reproduce your derivative works in quantities reasonably necessary for students enrolled in your MTA-related classes, and (e) distribute your derivative works solely to your students enrolled in your MTA-related classes. 1.2. Patent Grant. There are no patent rights granted in this Agreement. 2. CONDITIONS AND LIMITATIONS. 2.1. Restrictions. The license in Section 1.1 is expressly conditioned on the following terms and conditions. You 2.1.1.Will not directly or indirectly charge any fees to any students for the license or use of the unmodified Curriculum. 2.1.2.Will distribute this Curriculum only to students enrolled in your MTA-related classes, or publish the Curriculum on a secured Web site that is restricted to students enrolled in your MTA-related classes. 2.1.3.Will maintain and not alter, obscure or remove any copyright or other protective notices, identifications or branding in or on the Curriculum. 2.1.4.Agree that if any of the Curriculum is software or code in binary format, you will not attempt to modify such portions of the Curriculum, or to reverse engineer, disassemble, or decompile them, except and only to the extent authorized by law. 2.1.5.Agree that if you create derivative works of the Curriculum, the derivative works will not infringe or violate any intellectual property, proprietary, personal or any other rights of third parties. 2.1.6.Agree that if you modify the Curriculum or create derivative works of the Curriculum, you will cause the modified files or derivative works to carry prominent notices so that students know that they are not receiving the original Curriculum. Such notices must: (i) clearly identify the modifications, and (ii) not state or imply that Microsoft authored or endorsed the modifications. 2.1.7.Agree that if you distribute the Curriculum or any derivative works of the Curriculum to any MTA student, you will not grant rights to the Curriculum or derivative works that are broader than those provided by this Agreement. For example, you may not distribute the Curriculum or derivative works under terms that would permit commercial use, or under terms that purport to require any of the Curriculum or such derivative works to be sublicensed to others or redistributable at no charge. 2.1.8.Agree to indemnify, defend, and hold Microsoft harmless from any claims, including attorneys fees, related to your changes in the Curriculum. 2.2 NO TRADEMARK LICENSE. This Agreement does not grant you rights to use any Microsoft logo, or trademarks. You may make referential use of Microsofts corporate name, technology names and trademarks in plain text (but not logos, trade dress, designs or word marks in stylized form) to accurately identify and refer to Microsoft and its technology and services, provided such use is in accordance with Microsoft trademark usage guidelines posted at: http://www.microsoft.com/about/legal/trademarks/usage/default.mspx. 2.3 OWNERSHIP. All rights not expressly granted to you in this Agreement are reserved. 3. FEEDBACK. If you agree to give feedback about the Curriculum to Microsoft, either directly or through its third party designee, you give to Microsoft, without charge, the right to use, share and

commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software, Curriculum, or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software, Curriculum or documentation to third parties because we include your feedback in them. These rights survive this Agreement. 4. ENTIRE LICENSE. This Agreement is the entire Agreement for the Curriculum. 5. EXPORT LAWS. The Curriculum (or any portion thereof) is subject to U.S. export jurisdiction at the time it is licensed to you, and it may be subject to additional export or import laws in other places. You agree to comply with all such laws and regulations that may apply to the Curriculum after its delivery to you. 6. GOVERNING LAW. This Agreement shall be construed and controlled by the laws of the State of Washington, USA, without regard to conflicts of law. If any provision of this Agreement shall be deemed unenforceable or contrary to law, the rest of this Agreement shall remain in full effect and interpreted in an enforceable manner that most nearly captures the intent of the original language. 7. LEGAL EFFECT. This Agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Curriculum. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 8. INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MICROSOFT HARMLESS FROM AND AGAINST ALL THIRD-PARTY CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM (A) YOUR USE OR DISTRIBUTION OF THE CURRICULUM, AND (B) THE VIOLATION OF ANY THIRD-PARTY'S RIGHTS. SUCH INDEMNIFICATION SHALL NOT APPLY FOR ANY CLAIMS THAT ARE BASED SOLELY UPON THE UMODIFIED CURRICULUM IN THE FORM PROVIDED BY MICROSOFT TO YOU, PROVIDED THAT SUCH CLAIM IS NOT THE RESULT OF YOUR NEGLIGENT OR WILLFUL ACTS. 9. DISCLAIMER OF WARRANTY. THE CURRICULUM IS PROVIDED "AS IS", WITH NO WARRANTIES. YOU AND THE STUDENTS ASSUME THE ENTIRE RISK AS TO THE RESULTS, USEFULNESS AND PERFORMANCE OF THE CURRICULUM. EXCEPT AS PROVIDED HEREIN, MICROSOFT EXPRESSLY DISCLAIMS ALL OTHER EXPRESS, IMPLIED, OR STATUTORY WARRANTIES. THIS INCLUDES THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF TITLE OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS CURRICULUM WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ALSO, YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE CURRICULUM OR DERIVATIVE WORKS. 10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES RELATED TO THE CURRICULUM OR THIS AGREEMENT. THIS EXCLUSION WILL NOT APPLY TO EITHER PARTYS LIABILITY FOR ANY INFRINGEMENT, MISUSE OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU MUST PASS THIS LIMITATION OF LIABILITY ON WHENEVER YOU DISTRIBUTE THE CURRICULUM OR DERIVATIVE WORKS. 11. NO SUPPORT. Microsoft has no duty of reasonable care or lack of negligence, and we are not obligated to (and will not) provide any support (including technical support) for the Curriculum. You

acknowledge that Microsoft may cease offering the Curriculum or any portion thereof at any time in its discretion. 12. TERM. If you breach this Agreement, your rights to the unmodified Curriculum and any related rights hereunder automatically terminate. Upon termination or expiration of this Agreement for any reason, all rights granted to you under this Agreement to the unmodified Curriculum shall terminate, and you shall immediately irretrievably delete and destroy all copies of the unmodified Curriculum in your possession or under your control. 13. SURVIVAL. Sections 2.1.5, 2.1.6, 2.1,7, 2.1.8, 2.3, 3, 8, 9, 10, and 13 of this Agreement shall survive any termination or expiration of this Agreement. Agreement Version 1.0: May 2010

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