SCHOLASTIC END USER LICENSE AGREEMENT

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING AND/OR USING THE SCHOLASTIC APPLICATION (THE "APPLICATION") ACCOMPANYING THIS LICENSE. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION TO WHICH TO THIS LICENSE APPLIES. THIS LICENSE IS A LEGAL AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND SCHOLASTIC INC. AND ITS AFFILIATED OR RELATED ENTITIES (COLLECTIVELY, “SCHOLASTIC”, “LICENSOR”, “WE”, “US” OR “OUR”), ON THE OTHER HAND.

1. GENERAL. The term "Mobile Application" refers to and consists of the following: (i) any software code, scripts, interfaces, graphics, displays, text, audio-visual components, documentation and other components comprising the Application (including that of any of Scholastic’s third-party licensors); (ii) any updates, modifications or enhancements to the items listed in subsection (i), together with any electronic or other documentation and associated materials; and (iii) any of the Internet-based, interactive information services, sites, content, and interactive tools provided by Scholastic that may be used or accessible by means of the items identified in subsections (i) and (ii) above. The Mobile Application accompanying this License is licensed, not sold, to you by Scholastic Inc. (collectively, " Scholastic", "we," "us," “our”) for your use strictly in accordance with the terms and conditions of this License and the applicable usage rules that relate to your mobile phone or other mobile device (a “Mobile Device “) (the "Usage Rules"). Such Usage Rules may be established by third party mobile device platform or service providers or the third party from whom you are downloading the Mobile Application. It is your responsibility to determine what Usage Rules apply to your use of the Mobile Application on account of (i) your Mobile Device, (ii) the method by which you downloaded, installed or accessed the Mobile Application, or (iii) the third party from whom you downloaded, installed or accessed the Mobile Application.

2. LICENSE GRANT; RESTRICTIONS ON USE; SUBMITTED MATERIALS; USE OF THE MOBILE APPLICATION.

2.1. We grant you a revocable, non-exclusive, non-transferrable, limited right and license to access and use the Mobile Application on a Mobile Device owned or controlled by you, for your non-commercial use, strictly in accordance with this License and any applicable Usage Rules. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate, or use the Mobile Application or your account therefor to violate, any applicable laws, rules or regulations in connection with your access or use of the Mobile Application, or to infringe any intellectual property, privacy or other proprietary rights of any individual or entity; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Scholastic or its affiliates, partners, suppliers or the licensors of the Mobile Application or otherwise obscure or modify the manner in which they are displayed by means of the Mobile Application; (v) install, use or permit the Mobile Application to exist on more than one Mobile Device at a time or on any other mobile device or computer other than by means of your separate downloads of the Mobile Application or by means of multiple simultaneous downloads to Mobile Devices, each using your download account, each of which are subject to separate licenses (this restriction does not, however, limit your right to reinstall the Mobile Application on the specific Mobile Device for which it was downloaded); (vi) make the Mobile Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (vii) use the Mobile Application for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose other than one expressly authorized pursuant to this License; (viii) use the Mobile Application to attempt to interfere with the proper functioning, display, operation and/or usage of the Mobile Application or our sites by any other authorized users or third parties; (ix) interfere with any measures designed to control access to the Mobile Application, prevent unauthorized copies thereof, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this License; (x) rent, lease or lend the Mobile Application; or (xi) use any proprietary information or interfaces of the Mobile Application or other intellectual property for any purpose not expressly authorized by this License. You recognize that the unauthorized use or disclosure of any of the foregoing may give rise to irreparable injury to Scholastic or its licensors or affiliates for which monetary damages may be an inadequate remedy; and you agree that Scholastic or its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available. Scholastic reserves all rights in and to the Mobile Application not expressly granted to you in this Section 2.1.

2.2. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Mobile Application, by e-mail or in any other way. Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted, uploaded, posted or otherwise sent to us via any method (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with this License and subject to the Mobile Application Privacy Policy. By submitting, posting or sending Submitted Materials to us or through the Mobile Application, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time. Additionally, you may not: (i) upload, post, transmit, distribute or otherwise publish to, on or through the Mobile Application, any information, content or materials which are false, fraudulent, misleading, unlawful, infringing of the intellectual, privacy or data protection rights of any person or entity, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (ii) upload, post, publish, distribute or otherwise transmit any information or material which constitutes, contains or disseminates a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; (iii) use the Mobile Application to capture images of individuals’ faces; or (iv) impersonate any person or entity or misrepresent your affiliation with any other person or entity when using the Mobile Application. In connection with your use of the scanning feature of the Mobile Application, you acknowledge the hazards of using a camera-based application while driving, walking or otherwise being distracted or disoriented from real world situations, and you consent to the collection, storage and use by Qualcomm Technologies, Inc. (“QTI”) and its corporate affiliates and service providers, which may be in the United States and other countries (collectively, the “QTI Entities”), of the images taken by you from the camera viewfinder screen of your mobile device via the Mobile Application (which are used to match against a database book images and then deleted, along with associated metadata) as well as Statistics (collectively, the “Scanning Data”) for the purpose of providing image recognition functionality via the Mobile Application. You further agree that the QTI Entities may use the Scanning Data for the purposes of (a) facilitating the provision of new products, updates, enhancements and other services, (b) improving existing products, services and technologies, and (c) providing new products, services or technologies to customers of QTI and its corporate affiliates. For purposes of this sub-section, “Statistics” means the following types of technical and related information sent by that portion of the QTI Vuforia Software Development Kit (“Vuforia SDK”) that is integrated with the Mobile Application, including but not limited to: (1) information about the end users’ devices such as make, model, operating system name and version and kernel version (but not including unique device ID), (2) information about the Vuforia SDK used to create the Mobile Application such as the SDK version and device profile, (3) information about the Mobile Application and its use such as application ID, application version, analytics configuration, application runtime timestamp, settings (e.g., camera resolution settings, configuration settings), start and stop dates and times, camera on/off events, target image obtained/lost events, tool chain, tool chain version, reference timestamp, length of time augmentation performed, dataset load, dataset activate/deactivate, target create/destroy, target detected/lost, virtual button create/destroy, virtual button press/release and other general usage information, (4) the IP address used by the end user’s device for the purpose of allowing the Vuforia servers to infer the country of use (but not the exact location) and subsequently deleted, and (5) application store ID. In connection with the permitted uses of Statistics by the QTI Entities pursuant to sub-clauses (a) through (c) of this sub-section, the QTI Entities may only use the country code inferred from an IP address, not the IP address itself.

2.3. The Mobile Application may require an Internet connection to access and use parts of the Mobile Application or its Internet-based features, authenticate the Mobile Application, or perform other functions. All Internet connectivity required for you to access and use such Mobile Application functionality is your sole responsibility, and you understand that if you do not maintain such connectivity, then certain features and functionality of the Mobile Application may not operate properly or at all. Use of the Mobile Application connected to the Internet constitutes your consent to the transmission and our use of standard device information (including but not limited to technical information about your device, system, application software and peripherals) for Internet-based and wireless services, all such use to be subject to our Mobile Application Privacy Policy.

2.4. You may be able to purchase or download certain products, content or services from or through the Mobile Application. You may only order or download such products, content or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases or downloads you make either by payment card or by other payment means acceptable to Scholastic. You agree to pay all applicable taxes. If payment is not received by us from your payment card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the Mobile Application may be subject to additional terms and conditions presented to you at the time of such purchase or download.

2.5. You may not use or otherwise export or re-export the Mobile Application except in accordance with this License and as authorized by U.S. law. In particular, but without limitation, the Mobile Application may not be exported or re-exported (a) into (or to a national or resident of) any countries subject to a U.S. embargo or designated by the U.S. government as a “terrorist supporting country”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Table of Denial Orders or Denied Person’s List or Entity List or other U.S. government list of prohibited or restricted parties. By using the Mobile Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or location, or on any such list.

2.6. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and we may automatically electronically upgrade (or otherwise make available for you to upgrade) the version of the Mobile Application on your Mobile Device. You consent to such automatic upgrading (if applicable) and agree that this License will apply to all such upgrades (including those made available automatically and those made available through other methods), unless such upgrade is accompanied by a different set of terms. Also, from time to time, without prior notice to you, we may change, expand or improve the Mobile Application. We may also, at any time, discontinue part or all of the Mobile Application or selectively disable certain aspects of or accessibility to portions of the Mobile Application. Any modification or elimination of the Mobile Application will be done in our sole discretion and without any obligation or liability to you.

2.7. In providing the Mobile Application, subject to the terms of our Mobile Application Privacy Policy, while we reserve the right to monitor the display, transmission and exchange of material that is accessible by means of the Mobile Application, for purposes of determining that usage of the Mobile Application is in compliance with this License and applicable laws and otherwise, we maintain no obligation do to so except as otherwise determined by us or required by applicable laws. In addition, we maintain an absolute and unconditional right to review and remove material or information accessible by or transmitted through the Mobile Application that, in our sole discretion, violates the law, violates this License, or is otherwise unacceptable.

2.8. You may be required to register and create an account with us in order to use the Mobile Application and certain features thereof. You represent and warrant that all information provided by you when creating an account is true, accurate and complete and that you will update this information as necessary to ensure that it remains true, accurate and complete. You accept all responsibility for all activities that occur under your account, and you agree to notify us if you are aware of any unauthorized access to your account or if your disclosure of your account information may result in unauthorized usage of the account. In our sole and absolute discretion, and without notice or liability to you, we may terminate your account for any reason.

3. PRIVACY POLICY. The information collection, use and disclosure practices with respect to the Mobile Application (including, without limitation, with respect to any usage and technical data) is subject to our Mobile Application Privacy Policy, which is incorporated into this License by reference.

4. INTELLECTUAL PROPERTY. You acknowledge and agree that all intellectual property rights (including any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights) in and to the Mobile Application and all elements thereof (including, without limitation, all content, design elements, text, graphics, pictures, illustration, animation, video, audiovisual elements, information, applications, software, code, music, sound, look-and-feel, and other files contained therein or related thereto), are the sole property of Scholastic, its subsidiaries, affiliates, licensors, suppliers or other third parties. Except as provided herein, you do not possess, and we do not grant to you, any rights (whether by implication, estoppel, or otherwise) in or to any Intellectual Property and all such rights are retained by us and/or other third parties.

5. TRADEMARKS. SCHOLASTIC, SCHOLASTIC BOOK FAIRS and all related logos are trademarks and/or registered trademarks of Scholastic and/or its licensors. No right, title, license, or interest to any such trademark is granted hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any such trademark. You agree that you will not use Scholastic’s or its licensors’ names or marks or employee names, or adaptations thereof, in any advertising, promotional or sales literature without Scholastic’s, or its licensors’ prior written consent. You shall inform Scholastic promptly in writing of any alleged infringement of Scholastic’s or its licensors’ rights and of any evidence thereof.

6. WARRANTY DISCLAIMER. THE MOBILE APPLICATION (INCLUDING ALL MATERIAL AND INFORMATION THEREIN) IS PROVIDED "AS IS" AND "AS AVAILABLE," AND YOU BEAR THE SOLE RISK AND RESPONSIBILITY OF INSTALLING AND USING IT ON YOUR MOBILE DEVICE. WE GIVE AND MAKE NO WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY OR SUITABILITY. IN ADDITION, WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR THE INTERNET GENERALLY, IS FREE OF VIRSUES, ERRORS, OR OTHER HARMFUL COMPONENTS. NONE OF SCHOLASTIC, ITS AFFILIATES, OR ANY ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE MOBILE APPLICATION OR ANY THIRD PARTY CONTENT OR SERVICES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE MOBILE APPLICATION (INCLUDING WITHOUT LIMITATION, THOSE ACCESSED USING THIRD PARTY CONTENT OR SERVICES), (3) ANY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF ANY THIRD PARTY CONTENT OR SERVICE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL IN CONNECTION WITH THE MOBILE APPLICATION, OR (4) THE INTERNET GENERALLY. FURTHERMORE, SCHOLASTIC (AND ITS AFFILIATES AND ANY ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS, OFFERS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS LICENSE CANNOT CHANGE. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAWS APPLICABLE TO YOU IN YOUR JURISDICTION, WE AND OUR SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS EXPRESSLY EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MOBILE APPLICATION GENERALLY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR ANY OF OUR ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE AND CONTENT PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR USE OF OR INABILITY TO USE THE MOBILE APPLICATION OR THE INTERNET GENERALLY, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCHOLASTIC ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MOBILE APPLICATION, OR YOUR DOWNLOADING, ACCESSING OR USING ANY MATERIALS OR CONTENT IN CONNECTION THEREWITH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE MOBILE APPLICATION, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR IN CONNECTION WITH THE MOBILE APPLICATION. YOU UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS LICENSE WITHOUT THESE LIMITATIONS ON LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROTECTED ENTITIES' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. INDEMNIFICATION. You agree to defend, indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, licensors, suppliers and third party content providers harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of (i) your use of the Mobile Application, (ii) your violation of any term of this License or any applicable Usage Rules, or (iii) any information transmitted, submitted or provided by you through the Mobile Application (e.g., any Submitted Materials), including your use of the Mobile Application to provide a link to another site or to upload content or other information using the Mobile Application, and, without limitation, our exercise of our rights with respect to such information. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without our express consent and approval.

9. TERMINATION. We may suspend or terminate this License and the rights afforded to you hereunder at any time. We may do so for any or no reason, and with or without prior notice to you, in our sole and absolute discretion. If you fail to comply with this License, then this License and any rights afforded to you hereunder shall terminate automatically. Upon termination, you must stop using the Mobile Application and uninstall it from your Mobile Device. We maintain a policy that provides for the termination in appropriate circumstances of the Mobile Application use privileges of users who are repeat infringers of intellectual property rights.

10. MISCELLANEOUS. Except as expressly stated herein, this License constitutes the entire agreement between you and us with respect to your use of the Mobile Application, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and us with respect to your use of the Mobile Application and/or the subject matter of this License. The laws of the United States and the State of New York shall govern the interpretation of the License and apply to claims for breach of it or any disputes arising out of it, regardless of conflict of laws principles. The parties agree to submit to the jurisdiction of the state and Federal courts, as applicable, located in New York County, New York. The court’s authority to resolve such disputes and to make awards is limited to disputes between the parties to this License alone, and is subject to the limitations of liability set forth in this License. Furthermore, disputes brought by either party to this License against the other may not be joined or consolidated in litigation with disputes brought by or against any third party, unless agreed to in writing by all parties. Our failure to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the License shall remain unaffected.

Any questions, complaints, or claims with respect to the Mobile Application (other than copyright infringement claims, which are covered in Section 11 below) should be directed to us at the following address:

Scholastic Inc.
557 Broadway
New York, NY 10012

Telephone: 800-SCHOLASTIC

Email: [email protected]

11. COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE. Notification of a copyright infringement claim must be submitted to the following:

Legal Dept. Scholastic Inc.
557 Broadway
New York, NY 10012

Phone: 212-343-6726

Email: [email protected]

The notification must be in writing and include:

  1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of each alleged infringing copyrighted work or works;
  3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
  4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
  5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12. Additional Terms for Certain Third Party Software and Libraries. The Mobile Application is distributed together with a Facebook software development kit (the “Facebook SDK”) licensed under Apache License, version 2.0 (the “Apache License”) and the Zbar bar code reader (the “Zbar Reader”) licensed under the GNU Lesser General Public License, version 2.1 (the “LGPL”). The following additional terms apply with respect to the Facebook SDK and the Zbar Reader:

  1. The Facebook SDK is licensed under the Apache License. You may not use the Facebook SDK except in compliance with the Apache License. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. See the Apache License for the specific language governing permissions and limitations under the Apache License.
  2. The Zbar Reader is licensed under the LGPL. You may not use the Zbar Reader except in compliance with the LGPL. You may obtain a copy of the LGPL at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. You may, within three (3) years of your first acceptance of this License, request a copy in writing addressed to the mailing address set forth in Section 11 above, of the complete corresponding machine-readable source code of the Zbar Reader used in the Mobile Application together with a complete machine-readable copy of the object code and/or source code of the Mobile Application to the extent necessary (as determined by Scholastic in its sole discretion) to enable you to modify the Zbar Reader and relink it to the Mobile Application, it being understood that: (a) if you modify the Zbar Reader you will not necessarily be able to recompile the Mobile Application to use the modified Zbar Reader; and (b) the restrictions on your use of the Mobile Application set forth in this License (including, without limitation in Section 2 above) shall apply to your use of the object code and/or source code of the Mobile Application provided to you in fulfillment of your request therefor; provided, however, that you may modify the object code and/or source code of the Mobile Application for your own use and reverse engineer the object code of the Mobile Application solely for debugging any such modifications. Scholastic’s delivery of the source code of the Zbar Reader and the object code and/or source code of the Mobile Application requested by you may be conditioned upon your reimbursement of any costs and expenses incurred by Scholastic to fulfill such request. You acknowledge and agree that BECAUSE THE ZBAR READER IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE ZBAR READER, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES (INCLUDING SCHOLASTIC INC. AND ITS AFFILIATED OR RELATED ENTITIES) PROVIDE THE ZBAR READER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ZBAR READER IS WITH YOU. SHOULD THE ZBAR READER PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY (INCLUDING SCHOLASTIC INC. AND ITS AFFILIATED OR RELATED ENTITIES) WHO MAY MODIFY AND/OR REDISTRIBUTE THE ZBAR READER AS PERMITTED BY THE LGPL, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE ZBAR READER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE ZBAR READER TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.