EDMODO CLASSROOM SOFTWARE END USER LICENSE AND SERVICE AGREEMENT

Welcome! Below you will find Elernity’s Software End User License and Service Agreement as well as Elernity's Privacy Statement

The highlights:

The EDMODO CLASSROOM SOFTWARE END USER LICENSE AND SERVICE AGREEMENT includes, among other things:

• - A license to software and services that govern the use of the System (as defined below) by you
• - The terms of service
• - The use of personal information and student data on the System
• - Limits on liabilities and warranty

The PRIVACY STATEMENT describes, among other things:

--Information we collect:

• o Information you provide by completing your account registration; e.g., name, email, address, and zip code
• o Information about how you use the System and/or services; e.g., how and when you use the System or Service, frequency of use, etc.
• o Other types of information, as set forth below in the Privacy Statement

--How we use the information:

• o To provide the service and operate the System
• o To improve our products and services
• o In other ways as further described below in the Privacy Statement

I. EDMODO CLASSROOM SOFTWARE END USER LICENSE AND SERVICE AGREEMENT

This EDMODO CLASSROOM SOFTWARE END USER LICENSE AND SERVICE AGREEMENT (this "EULA") is a legal agreement between you and Elernity Limited for the use of the EDMODO CLASSROOM Online Service (the “EDMODO CLASSROOM Service” or the “Service”), and the EDMODO CLASSROOM Mobile Application (the “EDMODO CLASSROOM Software" or the “Software”). For convenience, we refer to the combination of Software and Services that we provide to you as the “System.”

This EULA is entered into between the End-User and Elernity Limited located at 851 Building, 58 Hot Spring Road, Fuzhou ("Elernity"). By agreeing to the terms of this EULA in the manner set forth below, You, as the End-User, have agreed to install and/or use the System on the terms and conditions set forth herein.

1. DEFINITIONS.

• a. Documentation means the Elernity user or technical manuals, training materials, specifications or other documentation applicable to the Software and/or Service and made available to You.
• b. EDMODO CLASSROOM Content means text, software, voice, image, video, chart and other information owned by Elernity, or licensed by Elernity from other third-parties.
• c. End-User (or alternatively referred to as "You" or “Your”) means the Licensee and, where applicable, any employees (including, without limitation, administrators, IT directors, teachers, instructors, etc. acting as a representative of the school, the school board, the school district, etc.), consultants, installers, and students who are authorized by the Licensee to Use the Software and/or the Service at the Licensee's location.
• d. Licensee means the entity (or individual) that obtained the Software and/or Service on behalf of the End-Users.
• e. Personal Information means any information that can personally identify a specific individual.?
• f. Processing means any operation which is performed with respect to personal data, such as collection, recording, organization, structuring, storage, adaptation or any kind of disclosure or other use.
• g. Sensitive Personal Information means the following categories of Personal Information: social security numbers (US Users only), dates of birth, race or ethnic origin, political opinions, membership of political associations, physical or mental health or condition, health related personal data, membership in a government program, religious beliefs or other beliefs of a similar nature, philosophical beliefs, membership in a professional or trade association or union, sexual orientation or practices, criminal record, genetic information, and biometric information. WE DO NOT INTEND TO COLLECT SENSITIVE PERSONAL INFORMATION FROM ANY OF OUR USERS. Please do not voluntarily provide this information to the System or Service.
• h. Student Data means Personal Information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us.? To the extent U.S. Law applies, Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
• i. Update means a software release that either (1) increments the Major or Minor version number, and which contains enhancements improving functionality or capabilities of the Software, thus changing the basic character or structure of the Software or (2) increments the revision number of the Software and corrects bugs, defects, and/or deficiencies, or provides minor modification in the existing operation of the Software in accordance with the published specifications but does not substantially change the basic character or structure of the Software. YOU AGREE that Elernity reserves the right to, and Elernity may, from time to time,?push over-the-air (OTA) Updates to your computer or mobile device such that those Updates automatically install on your computer or mobile.??Your computer or mobile may also be configured to notify you when an OTA Update is available for manual installation.
• j. Use, Using or Used means to directly or indirectly install, load, execute, access, employ, utilize, store, or display the Service and/or the Software.

2. ACCEPTANCE OF TERMS.? By Using the System, You agree to be bound by the terms of this EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to the terms of the EULA, neither you nor the entity may Use the System. In the event a systems or technical administrator, or other representative of an entity is accepting these terms on behalf of all intended End-Users, it is the responsibility of that representative to ensure that the terms of this EULA are understood and complied with by each End-User.

3. DATA PROTECTION: CONSENT TO USE OF DATA. TO THE EXTENT THAT ELERNITY COLLECTS ANY PERSONAL INFORMATION ABOUT THE END-USER IN THE COURSE OF PROVIDING THE SYSTEM, IT WILL DO SO ONLY AS OUTLINED IN THIS EULA AND IN ACCORDANCE WITH APPLICABLE LAW. BY USING THE SYSTEM, YOU AGREE AND CONSENT TO ELERNITY AND ITS AFFILIATES COLLECTING AND PROCESSING THE DATA SET FORTH BELOW WITH RESPECT TO THE SYSTEM. IN GENERAL, THE FOLLOWING PERSONAL DATA MAY BE COLLECTED BY THE SYSTEM:

• a. PERSONAL DATA (E.G., USER ID, PASSWORD, FIRST NAME, LAST NAME, AND EMAIL ADDRESS); and
• b. TECHNICAL INFORMATION (SOME OF WHICH MAY BE CONSIDERED PERSONAL DATA UNDER THE LAW IN YOUR TERRITORY) ABOUT YOUR COMPUTER SYSTEM (INCLUDING IP AND MAC ADDRESS), APPLICATION SOFTWARE, AND PERIPHERALS, THAT IS GATHERED PERIODICALLY TO FACILITATE THE PROVISION OF SOFTWARE UPDATES, PRODUCT SUPPORT, AND OTHER SERVICES TO YOU (IF ANY) RELATED TO THE SYSTEM, AND TO VERIFY COMPLIANCE WITH THE TERMS OF THIS EULA. YOU AGREE AND CONSENT TO ELERNITY USING THIS INFORMATION TO IMPROVE OUR PRODUCTS OR TO PROVIDE SIMILAR SERVICES OR TECHNOLOGIES TO YOU. YOU UNDERSTAND AND AGREE THAT THIS TYPE OF DATA MAY BE TRANSFERRED TO AND STORED ON SERVERS OUTSIDE THE EUROPEAN ECONOMIC AREA.

4. LICENSE. This EULA grants to You, subject to Your compliance with this EULA, a limited, non-transferable, non-exclusive, non-sublicensable, royalty-free right to use the System, and its related Software in object code format only, and the Service, together with any Documentation during the Term. For purposes of clarity, the "Software" includes any subsequent Updates to the Software. This EULA also grants to You, subject to Your compliance with this EULA, a limited, non-transferable, non-exclusive, non-sublicensable, royalty-free right to use the EDMODO CLASSROOM Content, but you are not entitled to copy the EDMODO CLASSROOM Content for use outside the System.

5. PERMITTED USE AND RESTRICTIONS

• a. Mobile Application. The Software may be downloaded onto any compatible mobile computing device and is only permitted to be used in conjunction with other EDMODO CLASSROOM Software and Elernity products unless specifically permitted in writing by Elernity.
• b. Reproduction of Other Materials. The Software may be used to reproduce and modify materials only in accordance with applicable law. All other reproductions and modifications are prohibited. If you are uncertain about your right to copy or modify any material, You should contact your legal advisor.
• c. Decompilation. You will not modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software.
• d. Notices. You will not remove, alter, cover or obfuscate any copyright notices, trademarks, or other proprietary rights notices placed or embedded by Elernity on or in any Software,
• e. Copyright. You will not use the Software, or any component thereof, to enable copyright protection-circumvention devices or to violate or circumvent in any manner any content copyright, content protection scheme, or content copy policies. You will notify Elernity immediately if You become aware of any unauthorized possession or use of the Software by any person or entity without a License.

6. TERMS SPECIFIC TO THE SERVICE

• a. Your Service Credentials and Account
  • 1) To access the Service, you need to register for an account with a user name and password (“Service Credentials”). You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Service Credentials and certain other information about you are governed by our Privacy Policy set forth in Section II.
  • 2) You are responsible for maintaining the confidentiality of your Service Credentials and for restricting access to your Service Credentials and account. Accordingly, you agree that you will be solely responsible to us for activities undertaken in your account. You agree to keep the information you submit about yourself accurate and current. You agree to notify us promptly if you believe that there has been any unauthorized use of your account.
  • 3) All End-Users must register their account using a valid email address.
  • 4) You cannot select for your Service Credentials a name that you do not have the rights to use or another person’s name with the intent to impersonate that person. Accounts registered with someone else’s email address may be closed without notice. We may require End-Users to re-validate their account if we believe they have been using an invalid email address. If at any time you learn that an End-User of the Service claims to be affiliated with your educational institution who is not, in fact, affiliated with your educational institution, you will notify Elernity immediately.
• b. Personal Information and Student Data
  • 1) Confidentiality.?Elernity agrees to treat Personal Information as confidential and not to share it with third parties other than as described in this EULA.
  • 2) Student Data Access as a School Official under FERPA. To the extent necessary to provide the Service, we may access and collect Student Data in a variety of ways. In the U.S., we access, collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1).? You agree that, as between the parties, the school or educational institution owns and controls all Student Data, whether provided by the school, school administrator, teacher, student, parent/guardian, or any other third-party.
    • (a) If your use of the System allows you the option, to integrate your school or district’s Student Information Management System (“SIS”) with the Service, and you choose to do so, we will collect and process only that information from the SIS which is necessary for the purposes of providing the Service. By using the Service and integrating the Service with a SIS, you agree to, and authorizes, this data collection. If you do not provide access to your SIS, you shall facilitate a reasonable method for us to obtain such information, for example via secure file transfer, or manual data entry when necessary. You agree not to provide us with any Personal Information about your End-Users that is not required to provide the Service and you agree to never provide us with any Sensitive Personal Information about your End-Users.
    • (b) If you are an individual teacher using the Service, you may choose to provide Student Data manually when using the System. If You so choose, You agree not to provide us with any Personal Information about your students that is not required to provide the Service and you agree never to provide us with any Sensitive Personal Information about your students. You represent and warrant that you have the requisite authority on behalf of your school or institution to agree to this EULA.
    • (c) We may collect information, including Personal Information, from students authorized to use the Service, but Elernity collects such information only at the direction of, and on behalf, of the school or teacher.
  • 3) Personal Information and Student Data Consents and Authority.? You must have the requisite consent and authority to provide Student Data to Elernity, or to authorize Elernity to collect Student Data through the Service.
    • (a) If you are an individual teacher, school or district using the Service, you represent and warrant that you have the authority to provide Personal Information, including Student Data, to Elernity for the purpose of providing the Service, and that you have provided appropriate disclosures to End-Users regarding your sharing such Personal Information with Elernity.? Elernity and the school, school district, or teacher each agree to uphold their responsibilities under Laws governing Personal Information and Student Data, including in the U.S. the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment (PPRA), and the Children’s Online Privacy and Protection Act (“COPPA”).? We rely on each school or teacher to obtain and provide appropriate parental/guardian consent and disclosures, if necessary, for Elernity to collect any Student Data, as permitted under COPPA.? We recommend that you provide a copy of this EULA?to parents and guardians.
    • (b) If you are located outside the United States, you are required to comply with this EULA and all regulations and laws governing the privacy of children and children’s Personal Information in your territory (including, but not limited to, the requirements to protect children’s privacy under the E.U.’s General Data Protection Regulation). You represent and warrant that you are in compliance with all applicable data protection laws governing the protection of Personal Information and the sharing of student education records.
    • (c) If we determine that any Personal Information about a student under the age of 16 has been disclosed to or collected by the Service without the required consents or authorities, we will take reasonable steps to destroy that information securely and as quickly as possible, and we may suspend or terminate the associated account. If you believe that we have received Personal Information about a Student/Child in violation of this paragraph, please contact us at hysupport@101.com.
  • 4) Use of Student Data. By submitting or providing us access to Student Data, you agree that Elernity may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under this EULA, and (iv) as permitted with the End-User’s consent. Notwithstanding anything to the contrary, we shall not use Student Data to engage in targeted advertising.
  • 5) Use of Anonymized Student Data. You agree that we may collect and, both during and after the term of our agreement with this EULA, use data derived from Student Data for our own purposes, provided that such data will be de-identified and/or aggregated to avoid identification of a specific End-User or individual.
  • 6) Use of Personal Information for Marketing. You agree that Elernity may provide customized content and messaging related to the Service to school or district administrative users and to teachers, provided that such content and messaging shall not be based upon Student Data relating to individually identifiable students. Elernity may also provide customized content and messaging related to the Service to parents or guardians who have agreed to receive such content and messaging, provided that such content and messaging shall not be based on Student Data unless we have received explicit consent from the parent or guardian or the school to have Student Data used for such purpose and to the extent such data use is permitted by applicable law. Teachers, administrators and parents who receive communications from Elernity will always have the option to unsubscribe from receiving such communications. Elernity shall not direct advertising or marketing messages to students using the Service.
  • 7) Elernity’s Third-Party Service Providers. You acknowledge and agree that Elernity may provide access to Student Data to our employees, affiliates, and to certain third-party service providers, which have a legitimate need to access such information in order to provide their services to us.? We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.? You also acknowledge that, subject to this EULA and to the extent permitted by Law, Personal Information including Student Data may be accessed and processed by our affiliates’ or our third party service providers’ personnel in foreign countries, including countries other than the jurisdiction from which the Personal Information was collected, and you hereby authorize such access and processing. When third-parties process information on our behalf, it is done so under a data processing agreement. To find out where our third-party service providers process your Personal Information contact?us at hysupport@101.com[A2].
  • 8) Student Data Retention and Deletion Requests. Elernity will promptly delete or de-identify Student Data upon request or instruction by the School or Teacher within thirty (30) days of such request or instruction. Please contact us at?hysupport@101.com. to request account deletion.? We will retain, delete, or de-identify Student Data according to our?PRIVACY STATEMENT set forth herein.
  • 9) Data Localization.? You acknowledge and agree that Elernity will store and process Personal Information in various data centers around the world, including in the U.S., and that your Personal Information may not be stored or processed only within the country in which it was collected unless and except to the extent required by Law.? You warrant and agree that you have obtained all necessary consents from your End-Users for Elernity to process such Personal Information in the U.S. and elsewhere in the world. Seethe PRIVACY STATEMENT for more information about where your data resides.
• c. Your Conduct. When using the Service, you must comply with all laws that apply to you.? A violation of this EULA may be grounds for termination of your rights to use or access the System.
  1) Prohibited Uses of the Service. You may not use the Service:
  • (a) In a manner that in any way breaches any applicable local, national or international law or regulation;
  • (b) In a manner that in any way is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • (c) In a manner that infringes or violates the intellectual property rights or any other rights of anyone else;
  • (d) In a manner that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
  • (e) Such that your purpose is to harm or attempt to harm minors or vulnerable adults in any way;
  • (f) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • (g) Collect data or information from the System for commercial use; or
  • (h) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• d. Links to Third Party Websites, Applications, Resources and Services
  • 1) The Service/System may contain links or connections to third-party applications, websites or services that are not owned, operated, or controlled by Elernity. When you access third-party applications, websites or use third-party services, you accept that there are risks in doing so, and that Elernity is not responsible for such risks. Be sure to read the terms of service and privacy policy of each third-party application, website or service that you visit or utilize. By using the Service, you release and hold Elernity, its officers, employees, agents, and successors harmless from any and all liability arising from your use of any third-party applications, websites or services.
  • 2) Your interactions with organizations and/or individuals found on or through the Service/System, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Elernity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings including any loss or damage arising from their use of your Personal Information.
  • 3) Reliance On Information Posted. Commentary, chats, Lessons, PDFs, Websites and other materials (“Resources”) uploaded/posted to the System are not intended to amount to advice on which reliance should be placed, nor can we offer any guarantee that any information that is posted is complete, accurate or up to date or that the author of such Resources has provided their consent to use such materials. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any User of our System, or by anyone who may be informed of any of its contents.
• e. Modifications to Service. Elernity reserves the right to modify the Service (or any part thereof) with or without notice. You agree that Elernity will not be liable to you or to any third-party for any modification of the Service.
• f. Mobile Services. The Service may include certain services that are available via a mobile device, including, but not limited to, (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Elernity and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Elernity account information to ensure that your messages are not sent to the person that acquires your old number.

7. OWNERSHIP

Elernity or its licensors retain ownership of all intellectual property rights in and to the System, Software, Service, Documentation and EDMODO CLASSROOM Content made available through the System, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the System, Software, Service, Documentation and EDMODO CLASSROOM Content are limited to those expressly granted by this EULA.? No other rights with respect to the System, Software, Service, Documentation and EDMODO CLASSROOM Content or any related intellectual property rights are granted or implied. You acknowledge that the System, Software, Service, Documentation and EDMODO CLASSROOM Content may contain unpublished information and embody valuable trade secrets proprietary to Elernity.? Elernity reserves all rights in the System, Software, Service, Documentation and EDMODO CLASSROOM Content not expressly granted in this EULA.

8. CONSENT TO USE OF DATA

You agree that Elernity and its affiliates may collect and use technical and related information, including but not limited to technical information about your mobile device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software Updates, support and other services to You (if any) related to the System and to verify compliance with the terms of this EULA. Elernity may use this information to improve our products, to provide services or technologies to You, to conduct research and development, and to gather broad demographic information for aggregate use and marketing purposes.

9. EXPORT

You acknowledge that the use of the System is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not supply, transfer, export, or re-export the System in violation of any applicable Export Laws. In addition, you are responsible for complying with any applicable local laws which may restrict the import, export, or use the System or materials. All rights to use the System are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA. If Elernity has knowledge or reasonable cause to suspect that a violation has occurred, Elernity may be prohibited from providing maintenance and support for the System and or Elernity may terminate your use of the System.

10. LIMITED WARRANTY AND DISCLAIMERS

• a. Our System is provided on an “as is” and “as available” basis (unless otherwise expressly provided in this EULA). To the fullest extent permitted by applicable law, we expressly disclaim all warranties, representations, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied warranties, representations, conditions or other terms of merchantability, satisfactory quality, fitness for a particular purpose, or as to non-infringement of any intellectual property right.
• b. We make no warranty or representation that (i) the System will meet your requirements, (ii) the System will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the System will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the System will meet your expectations, or (v) any errors will be corrected.
• c. You acknowledge and accept that any material downloaded or otherwise obtained through the use of the System is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• d. Subject to clause 10(e), there is no legal theory (including, without limitation, tort (including negligence), contract, strict liability, or otherwise even if we have been advised of the possibility of such loss or damage) under which Elernity will be liable to you or to any other person for:
  • 1) loss of profits;
  • 2) loss of goodwill;
  • 3) loss of data;
  • 4) work stoppage;
  • 5) accuracy of results;
  • 6) computer failure or malfunction; or
  • 7) any indirect, incidental, special, consequential or exemplary loss or damage, arising out of or in relation to these terms and conditions or your use (or inability to use) our Service.
• e. Nothing in these Terms of Service shall limit or exclude our liability:
  • 1) for death or personal injury caused by our gross negligence;
  • 2) for fraud or fraudulent misrepresentation; or
  • 3) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability in any jurisdiction.
  • 4) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELERNITY, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING FORCE MAJEURE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE AND/OR THE SERVICE, EVEN IF ELENITY OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF ELERNITY, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM ELERNITY RECEIVE FROM YOU UNDER THIS EULA.
• f. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities. Accordingly, some of the above limitations set out above may not apply to you. In particular, where you are using our Service as a consumer, nothing in these Terms of Service shall affect your statutory rights.

11. TERM AND TERMINATION

• a. Except as set forth in this EULA, for individual teachers using the System, your account will remain available to you for as long as the System is available or unless you request your account to be deleted (the “Term”). The terms herein shall apply to you for as long as you use the System.? Terms that, by their nature, should survive and apply even after you no longer use the System shall survive and remain applicable.? By way of example, all of the following will survive termination of the System: any obligation you have to pay us or indemnify us; any limitations on our liability; any terms regarding ownership or intellectual property rights including the licenses granted in Section 7, and terms regarding disputes between us.
• b. You agree that we may, in our sole discretion, suspend or terminate the System or any part of it or your use of the System or your account, for any reason, including your breach of this EULA or Privacy Policy. We have the sole right to decide whether you are in violation of any such terms.

12. THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE

The Software may have been created using source code available through various open source projects and specific third party proprietary software. Open source software is available under the terms of the GNU Lesser General Public License, a copy of which can be found at www.gnu.org/Licenses. Other such Open Source Projects contained within the Software are as follows:

13. ASSIGNMENT

• a. You will not transfer or assign the rights and obligations granted to You under this EULA or Your right to use the System without Elernity’s prior written consent, and any attempt to do so without such consent will be void and of no effect.
• b. Elernity may assign its rights and obligations under this EULA at any time during the term.
• c. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

14. COMPLETE AGREEMENT

15. GOVERNING LAW

• a. This EULA, any dispute arising under or which is related to this EULA (whether in contract, tort or otherwise), and the validity, performance and interpretation of this EULA will be governed by and construed in all respects under, the laws of the People’s Republic of China without giving effect to its conflicts of law principles.
• b. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

16. SEVERABILITY

If any of the provisions in this EULA are held to be in violation of applicable law, then such provisions are hereby waived or amended to the extent necessary to achieve the same economic effect for this EULA to be enforceable in such jurisdiction and the rest of the agreement shall remain in full force and effect.

17. HEADINGS

The section headings appearing in this EULA are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect the license granted hereunder.

18. ASSISTANCE

Should you have any questions about the terms of this EULA or the use of the Software please contact legal@Elernity.com and hysupport@101.com respectively.

II. PRIVACY STATEMENT

It is Elernity’s privilege to provide classroom solutions around the world that transform learning spaces into engaging and collaborative environments and immerse students in the latest interactive technology. The trust you have in Elernity’s solutions is the foundation of who we are as a company. That trust is why protecting the privacy and security of your personal data is paramount to Elernity. We want you to know that:

• a. Elernity is committed to protecting your personal information;
• b. Elernity will not sell any of your personal information to third parties;
• c. Elernity will use your data to provide you with superior products and services;
• d. Elernity will abide by privacy laws and regulations as applicable around the world; and
• e. Elernity will use reasonable security measures to protect your personal information.

1. How do we Collect Your Information and What Do We Use It For?

a. Information You Provide to Us. Users who want to have access to their stored data are required to set up an account on the System. When you set up an account, we will ask you for the following types of information:

• 1) Contact information such as name, phone number, e-mail address, postal address. We process this information to provide our Services to you. The legal basis for this processing activity is the performance of a contract.
• 2) Account information such as a username and password to create and access your account. We process this information to provide our Services to you. The legal basis for this processing activity is the performance of a contract.
• 3) Your organization name (e.g., school name, district name, etc.).
• 4) Login Information which may include your IP address, device type, name, date and time of your visit, information on your browser version, information on your operating system, including language settings, MAC addresses, and User ID. We will process this information to provide you with access to the System. The legal basis for this processing activity is the performance of a contract and our legitimate interest to guarantee the system’s stability and security.

b. Your use of the System. During your use of the system, we may collect and process information from you in connection with your use of the system (as applicable):

• 1) The system may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, Wi-Fi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalize your experience and will not be used for any other purpose. This information may be collected in combination with an identifier associated with your device to enable us to recognize your mobile browser or device when you return to the System. The legal basis for this processing activity is the performance of a contract.
• 2) When you contact or send communications to Elernity, for example when you contact customer support, report a problem, or submit questions, concerns, or comments regarding the System, in which case we may collect contact information such as your email address and other important information about your inquiry or concern. This information is used to respond to your communications, fulfill your requests, or provide other customer support. This processing activity is based on your (implicit) consent and in the performance of a contract, depending on the initial purpose for contacting our customer support.
• 3) When you subscribe to other features or activities that we may offer from time to time on the System and submit or upload information in connection with such features. The data being collected for such features and their intended uses will be evident at the time of data collection. The legal basis for this processing activity is based on the performance of a contract.
• 4) When you browse, navigate, or otherwise interact with the System, as outlined in the "Cookies and Similar Technologies" section below.You are under no obligation to provide personal data to the System when requested. However, if you choose to withhold any requested information, we may not be able to provide you with certain services and features.

c. How Do we Use Your Information? In addition to the specific uses above, any information that you provide or that we collect on the Service may be generally used for the following purposes:

• 1) To operate, maintain, and improve the System;
• 2) To give you access to the System and related features, or restrict your access;
• 3) To personalize the System or content on the System, as well as make it more user-friendly;
• 4) To allow you to manage your account or account information, update your account settings, and (where applicable) make purchases or subscribe to services available on the System;
• 5) To communicate with you about the System (product changes, feature updates, etc.);
• 6) To provide technical support or customer service;

7) To protect the integrity, safety, or security of the System or our users, comply with legal obligations, or enforce compliance with our EULA or other restrictions placed on your use of the System.

2. Information Sharing

Elernity may share your information as set forth below. Please note that Elernity does not sell personal data about you to third-party companies for their marketing purposes.

• a. Agents and contractors. Elernity may share End-User information, including personal data like billing information or usernames, with our third-party agents, contractors, or service providers who are hired to perform services on Elernity’s behalf. These providers may operate or support certain functions of the System. These agents and contractors are allowed to use the information shared with them only for the specific tasks they’ve been hired to do and consistent with this Privacy Statement, and for no other purposes. Elernity takes steps to ensure that all service providers with access to personal data are capable of protecting the information we share with them and also requires that these agents and contractors execute a data processing agreement.
• b. Legal disclosures. We may disclose personal data about you as required or permitted by law and/or comply with a judicial proceeding, court order, or legal process served on our System. To the extent permitted by applicable law, we also may disclose personal data about you in response to a request from law enforcement agencies, regulators, or other public agencies (including schools or children services) or if such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our System, protect the security or integrity of our System, or enable us to take precautions against liability or to protect our rights.
• c. Business transfers. Information about our users, including personal data, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. Where necessary, we will inform you of such disclosure and obtain your consent.
• d. Anonymized information. We share aggregated, automatically-collected, or otherwise non-personal data with third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our users' interests, habits and usage patterns for certain programs, content, services, promotions and/or functionality available through the System. We do not share personal data about you in this case.

3. Security and Data Retention

• a. Security. The security of your personal data is important to us. When you enter information in the System, Elernity (or the service provider operating the function on our behalf) will encrypt that information using secure socket layer technology (SSL) or similar technologies. We have security measures in place to attempt to protect the personal or other information submitted to us against the loss, misuse and alteration of personal data under our control. While we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use reasonable efforts to prevent it. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
• b. Retention. Elernity may retain End-Users’ account data internally for the following purposes:
• • 1) Billing information and transaction histories are retained to resolve subsequent billing disputes and inquiries;
  • 2) User account history is retained to support subsequent customer service inquiries and to provide, improve and develop the System;
  • 3) To promote safety and security on and for the System; and
  • 4) To comply with legal obligations.
    We may retain your information for as long as is necessary and relevant to your use of the System and our operations, which may include retaining your information beyond the end of your use of the System.
• c. External links. The System may, from time to time, contain links to external sites or applications. We are not responsible for the privacy policies or the content of such sites or applications. To make clear when you are linking to a third-party site or application, you are leaving our System and we are not responsible for the privacy practice of that third-party site or application nor are we responsible for any content on third-party sites and/or applications.

4. Accessing and Updating Your Personal Data

If personal data about you changes, or if you no longer desire to use our System, you may correct, update, amend or delete your account under your account settings.

5. Storage and International Transfer of Your Personal Data

In most instances, all username and password information will be sent to and stored on secure severs located in the United States. All other Personal Data (i.e., profile data and general End-User content), which we collect, is sent to and stored on secure servers based on the “country of residence” that You selected when Your account was created on the System. You can see where your profile data is being stored based on your “country of residence” at the following link: www.Elernityworld.com/opensourcesoftware[A11].

Such storage is necessary in order to process the information. Elernity operates globally and we may transfer the Personal Data that we collect from you to our other offices and/or to the third-parties mentioned herein, which may be situated outside of your country or regional area and may be processed by staff operating outside your country or regional area. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence. Wherever we transfer your personal data, we will take reasonable steps to protect your personal data, ensure an adequate level of protection, and have appropriate safeguards for our users’ rights and legal remedies. When information provided to us or collected by us is processed by our agents and contractors, we will have a data processing agreement with the agent or contractor.

6. Cookies and Similar Technologies

Like most websites, we use cookies and other standard Internet technologies to help us improve our System.

a. Cookies. A cookie is a small text file that is placed on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, for example so you don’t have to re-enter them whenever you come back to the website or browse from one page to another.

A cookie can be classified by its lifespan and the domain to which it belongs. By lifespan, a cookie is either a:

• 1) Session cookie which is erased when the user closes the browser; or
• 2) Persistent cookie which remains on the user's computer/device for a pre-defined period of time.

As for the domain to which it belongs, there are either:

• 1) First-party cookies which are set by the web server of the visited page and share the same domain; or
• 2) Third-party cookies stored by a different domain to the visited page's domain. This can happen when the webpage references a file, such as JavaScript, located outside its domain.

b. How we use cookies. When you visit or access the System using a browser, we may – by means of cookies, beacons, tags, scripts, and/or other similar technologies – automatically collect technical information about the devices and software you use to access the System, such as the type of Internet browser or mobile device you use, the website or source that linked or referred you to the System, your IP address or device ID (or other persistent identifier that uniquely identifies your computer or mobile device on the Internet), the operating system of your computer or mobile device, and other similar technical information. These same technologies (or a combination of them) may also be used to help us:

• 1) Capture and store users' preferences, account settings, and certain login information (mainly for convenience, user verification, and account security);
• 2) Compile statistics and analytics about your use of and interaction with the System, including details about how and where our System is downloaded from or accessed, how often a user visits or uses the System, the date and time of user visits to, and actions on, the System, which areas of the System are visited and for how long, and other similar traffic, usage, and trend data;
• 3) Mobile analytic tools to allow us to better understand the functionality of our mobile software on your device and gain insights about how mobile software is used;
• 4) Gather important functionality, testing, and performance data about our System, including performance data related to our mobile application, such as networking activity, CPU load, and resource usage, among other relevant data;
• 5) Gather demographic information about our user base; and
• 6) Perform other similar functions.
  We will not use cookies or similar technology other than for the purposes stated in this Cookie Policy.

c. Cookies used by the System. The following lists enable you to recognize the cookies placed on your browser when you use the System. Although we strive to list all cookies used by us or our technology partners, if you find a discrepancy or think that a cookie has been omitted, please contact us at hysupport@101.com
Cookies used on the website or web portal include:

• 1)Nation is permanent which can help users switch to the server of the country where users frequently log in.
• 2)Languages are permanent which can help users choose the language they use often, reducing unnecessary operations of users.
• 3)Account ID is currently permanent,and token will last lately 30 days, which the user can choose to save the authentication information and no longer need to enter the password for a period of time. (The default storage time can be adjusted, the user can also actively clear, and the token will automatically expire after 30 days).

d. Your choices. Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Some browser manufacturers provide comprehensive help relating to cookie management in their products. Please see below for more information:

• 1) Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB,
• 2) Internet Explorer: https://support.microsoft.com/en-us/help/260971/description-of-cookies,
• 3) Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer,
• 4) Safari (Desktop): https://support.apple.com/kb/PH5042?locale=en_US,
• 5) Safari (Mobile): https://support.apple.com/en-us/HT201265,
• 6) Android Browser: https://support.google.com/nexus/answer/54068?visit_id=0-636612941590933601-131731679&hl=en&rd=1, and
• 7) Opera: https://www.opera.com/help.

You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block or delete cookies that are already on your computer.

Please note, however, that by blocking or deleting cookies used on the System, you may not be able to take full advantage of the System and the System may not function correctly or at all.

7. Privacy Statement Changes and Updates

We may update this Privacy Statement to reflect changes to our information practices at any time, so please review it frequently. If we update this Statement, changes will be reflected on this page and we will update the "Last Updated" date posted below, and in the event we make material changes, we will make reasonable efforts to notify you.

EDMODO CLASSROOM Software End User License and Service Agreement for Version 1.0 * Last Updated - April 2019

Elernity 2019. All rights reserved.