Use of Software, Content, and Confidentiality Agreement

1. Your Limited License Rights. Subject to the terms and conditions of this Agreement, the Tribe grants you a non-exclusive, non-sublicensable, and non-transferable license to access and use this software, entitled (the “Software”) and the content related to the language training program the subject of the Software (the “Content”) for the purpose of learning the traditional tribal language (the “Purpose”). You agree not to (a) reproduce, modify, adapt, or create derivative works of any part of the Software or the Content; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Software or the Content to a third party; (b) disclose any of the Content to a third party (the Content being protected at least by copyright and trade secret laws); (c) use the Content for any purpose other than the Purpose; and/or (d) encourage or assist any third party to do any of the foregoing.

2. Ownership. The Tribe has and retains all right, title, and interest, including all intellectual property rights (i.e. ,copyrights, trade secrets, trademarks, patents, etc.) in and to the Software and the Content, and any derivative works thereto.

3. Confidentiality and Restrictions. You agree that any information related to the Software or Content you access and/or use is the confidential property of the Tribe (“Confidential Information”). Except as expressly authorized herein, you agree (a) to hold in confidence and not disclose any Confidential Information to third parties and (b) not to use Confidential Information for any purpose other than the Purpose. These confidentiality obligations do not apply to information which you can document: (i) was rightfully in your possession or known to you prior to receipt of the Confidential Information;(ii) is or has become public knowledge through no fault of yours; (iii) is rightfully obtained by you from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you with no access to such information. You acknowledge that disclosure of any Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by you, the Tribe will been titled to appropriate equitable relief in addition to whatever other remedies it might have at law.