Licensed Solutions Definitions - MetaMetrics Inc.
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1. Licensed Solutions for Measurement of Content

(a) Content Measurement Subscription

(i) “Content Measurement Services” means MetaMetrics’ generally available
Lexile® or Quantile® content measurement services in the language selected, to which a subscription is purchased as described in an Order Form(s), which is used to analyze Customer Content and provide the complexity outcome of such content expressed as a certified Licensed Measure and Licensed Content, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the content delivered by the Content Measurement Services, for example, word count for Lexile® text measurement services, but excluding the Licensed Measures; and

B. “Licensed Measures” means the Lexile® text measures, Quantile® measures, Lexile® oral readability measures, or other content measures from the applicable MetaMetrics Framework, as applicable depending on the Content Measurement Services purchased, licensed or used, and delivered to Customer (which are measures associated with the complexity of the Customer Content).

(b) Lexile® and Quantile® Career Database

(i) “Career Database” means MetaMetrics’ Lexile® or Quantile® Career Database of Licensed Measures and Licensed Content (based on text difficulty from books in particular careers that have been measured) that helps identify the reading and mathematical abilities necessary to be prepared for certain careers, to which a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means content that maps certain careers to reading and mathematical abilities from the licensed Career Database, but excluding the Licensed Measures; and

B. “Licensed Measures” means the Lexile® text measures from the Lexile® Career Database or the Quantile® text measures from the Quantile® Career Database, as applicable.

(c) Lexile® PowerV

(i) “Lexile PowerV API” means MetaMetrics’ Lexile® PowerV® application programming interface(s) to which a license is purchased as described in an Order Form(s) that is used to access MetaMetrics’ proprietary tool which analyzes Customer Content and provides Licensed Content using its proprietary methods for determining word difficulty (the “Lexile PowerV Engine”), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means any lists of challenging words, or words therein, generated and delivered through the Lexile PowerV API.

(d) Lexile® Text Analyzer

(i) “Lexile Text Analyzer API” means MetaMetrics’ Lexile® Text Analyzer application programing interface to which a license is purchased as described in an Order Form(s), which is used to deliver Customer Content, all Documentation related thereto and any updates provided by MetaMetrics from time to time.

(ii) “Lexile Text Analyzer Services” means MetaMetrics’ generally available Lexile® Text Analyzer services in the language selected, which may be purchased with use via the Lexile Text Analyzer API, to which a license is purchased as described in an Order Form(s), which is used to analyze text items (which would be Customer Content) and provide text difficulty outcome expressed as Licensed Measures and Licensed Content, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A.  “Licensed Content” means the word count, mean sentence length, mean log frequency and other content delivered by the Lexile Text Analyzer Services in the language selected, but excluding the Licensed Measures; and

B. “Licensed Measures” means the Lexile® text measures in the language selected delivered by the Lexile Text Analyzer Services (measures associated with the difficulty of the text).

(e) Lexile® Text Analyzer Content Creator

(i) “Lexile Text Analyzer Content Creator” means MetaMetrics’ generally available Lexile® Text Analyzer Content Creator web application in the selected language to which a license is purchased as described in an Order Form(s), which is used to analyze text items (which would be Customer Content) and provide text difficulty outcome expressed as Licensed Measures and Licensed Content, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the word count, mean sentence length, mean log frequency and other content delivered through the Lexile Text Analyzer Content Creator, but excluding the Licensed Measures; and

B. “Licensed Measures” means the English Lexile® text measures and/or Spanish Lexile® text measures delivered through the Lexile Text Analyzer Content Creator, depending on which language is purchased (measures associated with the difficulty of the text).

(f) Lexile® Titles Database

(i) “Lexile Titles Database” means MetaMetrics’ Lexile® Titles database of Licensed Measures and Licensed Content in the language selected, which can be used to determine the reading difficulty of a particular Title, to which a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the Titles, ISBN codes and other content associated with the Titles in the applicable Lexile Titles Database, but excluding the Licensed Measures;

B. “Licensed Measures” means the Lexile® text measures obtained from the applicable Lexile Titles Database (measures associated with the difficulty of text); and

C. “Title” means any book title listed in the applicable Lexile Titles Database.

(ii) “Lexile Titles Database API” means MetaMetrics’ application programing interface(s) to which a license is purchased as described in an Order Form(s) that is used to access the applicable licensed Lexile Titles Database, any Documentation related thereto and any updates provided by MetaMetrics from time to time.

(g) Lexile® WordBank

(i) “Lexile WordBank” means MetaMetrics’ Lexile® WordBank database of Licensed Measures and Licensed Content that provides curriculum and assessment developers with rich information about the words students will likely encounter in their school reading, to which a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the Licensed Words and any other content provided as part of Lexile WordBank, but excluding the Licensed Measures;

B. “Licensed Measures” means the Lexile® word measures obtained from the Lexile WordBank (measures associated with the level of difficulty of the words); and

C. “Licensed Words” means the unique words from best-selling textbook programs in science, math, social studies, and reading/English language arts (ELA) contained within the Lexile WordBank, but excluding the Licensed Measures.

(h) MetaMetrics Partner Portal

(i) “MetaMetrics Partner Portal” means MetaMetrics’ MetaMetrics® Partner Portal which is a web-based platform or other electronic delivery method that MetaMetrics agrees to, which may be used to submit Customer Content to certain Licensed Solution(s) and retrieve the corresponding certified Licensed Measures and Licensed Content, all Documentation related thereto and any updates provided by MetaMetrics from time to time.

(i) Quantile® Knowledge Cluster Database

(i) “Quantile Knowledge Cluster Database” means MetaMetrics’ Quantile® Knowledge Cluster Database of Licensed Measures and Licensed Content that provide a chain or sequence of the prerequisite skills that support the learning of the most mathematically demanding QSCs in each sequence, which contain elements of MetaMetrics’ proprietary Quantile® MetaMetrics Framework, to which a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the Quantile® Skills and Concepts (QSCs) (which represent specific mathematical skills and concepts that span the mathematics curriculum from kindergarten through calculus and statistics) and other content contained within the Quantile Knowledge Cluster Database, but excluding the Licensed Measures; and

B. “Licensed Measures” means the Quantile® measures from the Quantile Knowledge Cluster Database (measures associated with the difficulty of math content).

(j) Quantile® State Content Alignment Database

(i) “Quantile State Content Alignment Database” means MetaMetrics’ Quantile® State Content Alignment Database of Licensed Measures and Licensed Content that align with certain State’s published mathematics content standards, which contain elements of MetaMetrics’ proprietary Quantile® MetaMetrics Framework, to which a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the state curricular codes, Quantile® Skills and Concepts (QSCs) (which represent specific mathematical skills and concepts that span the mathematics curriculum from kindergarten through calculus and statistics), and other content contained within the Quantile State Content Alignment Database, but excluding the Licensed Measures; and

B. “Licensed Measures” means the Quantile® measures from the Quantile State Content Alignment Database (measures associated with the difficulty of math content).

2.  Licensed Solutions for Measurement of Students

(a) Express Tests

(i) “Express Test” means each off-the-shelf test(s) provided by MetaMetrics for grades K-12 (currently three test forms per grade are available for reading and mathematics) using Items from MetaMetrics’ proprietary reading and mathematics assessment database, to which a license is purchased as described in an Order Form(s), and associated Licensed Content, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means the scoring key(s) for the tests, technical manuals, art files, Item IDs, Item sequences, and other content for use of the test(s); and

B. “Items” means the individual test passages, questions and other content with established measurement properties provided by MetaMetrics that form part of the applicable Express Test(s).

Express Tests are not custom-made or editable and may be licensed to other MetaMetrics’ customers.

(b) Forecasting Services

(i)  “Forecasting API” means MetaMetrics’ Lexile® & Quantile® Forecasting API to which a license is purchased as described in an Order Form(s) that is used to deliver Input to the Forecasting Services and receive generated Output, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

(ii) “Forecasting Services” means MetaMetrics’ generally available services for forecasting student performance hosted by MetaMetrics and used via the Forecasting API, as updated from time to time. The Forecasting Services do not include a user interface and are not accessible for use directly by any individual;

A. “Input” means the Licensed Content or Licensed Measures submitted to the Forecasting API. The Licensed Content or Licensed Measures may be (A) generated through this Licensed Solution or other Licensed Solution(s) separately licensed based on the applicable MetaMetrics Framework, or (B) dummy data or other data provided by MetaMetrics to certain customers as input (also “Licensed Content” hereunder), as directed by the Documentation or tool;

B. “Output” means the forecasted Licensed Measures and Licensed Content that correspond to the Input submitted for an individual and are generated by the Forecasting Services and delivered via the Forecasting API, where:

(i) “Forecasted Licensed Measures” are estimates of what Licensed Measures, which are student measures (measures associated with the performance of a student), may apply; and

(ii) “Licensed Content” means the forecasted “uncertainty” data, performance level probabilities and other content provided as output to predict student performance, but excludes the forecasted Licensed Measures.

(c) Lexile Oral Reading

(i) “Lexile Oral Reading API” means MetaMetrics’ Lexile® Oral Reading API to which a license is purchased as described in an Order Form(s) that is used to deliver Customer Data to the Oral Reading Scoring Services and receive generated Licensed Measures, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Measures” means the Lexile® oral reading measures included in the Oral Reading Scoring Services based on the applicable MetaMetrics Framework, which are student measures (measures associated with the performance of a student); and

B. “Oral Reading Scoring Services” means MetaMetrics’ generally available Lexile® Oral Reading scoring services hosted by MetaMetrics and used via the Lexile Oral Reading API, as updated from time to time. The Oral Reading Scoring Services do not include a user interface and are not accessible for use by any individual.

(d) National User Norms

(i) “National User Norms” means MetaMetrics’ Lexile® or Quantile® National User Norms database of Licensed Measures and Licensed Content for fall, winter, and spring administrations for Grades K-12, developed based on MetaMetrics’ experience and knowledge of various State standards to articulate where a student is in their growth, to which a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means MetaMetrics’ applicable (Lexile® or Quantile®) norms tables for fall, winter, and spring administrations for Grades K-12, which include the Norms, and additional content such as percentile ranks and normal curve equivalent, but excluding the Licensed Measures;

B. “Licensed Measures” means the Lexile® reading measures from the Lexile® National User Norms (measures associated with the reading ability of the student) or Quantile® measures from the Quantile® National User Norms (measures associated with the mathematical ability of the student) based on the applicable MetaMetrics Framework; and

C. “Norm” means any individual or range of norms in the applicable MetaMetrics’ norms tables for fall, winter, and spring administrations for Grades K-12 that form part of the Licensed Content, but excluding the Licensed Measures.

(e) Score Interpreter

(i) “Score Interpreter” means a bundled solution comprised of Scoring Services API and Scoring Services and the Licensed Measures associated therewith, Forecasting API and Forecasting Services and the Output associated therewith, and  State Performance Standards Database and the Licensed Content and Licensed Measures associated therewith.

(f) Scoring Services

(i) “Scoring Service API” means MetaMetrics’ REST Lexile® & Quantile® Scoring Service API to which a license is purchased as described in an Order Form(s) that is used to deliver Customer Data to the Scoring Services and receive generated Licensed Measures, any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Measures” means the Lexile® reading measures or Quantile® measures included in the Scoring Services depending on which measures are licensed under an Order Form(s) based on the applicable MetaMetrics Framework, in each case which are student measures (measures associated with the performance of a student); and

(ii) “Scoring Services” means MetaMetrics’ generally available online scoring services hosted by MetaMetrics and used via the Scoring Service API, as updated from time to time. The Scoring Services do not include a user interface and are not accessible for use by any individual.

(g)  State Performance Standards Database

(i) “State Performance Standards Database” means MetaMetrics’ Lexile® or Quantile® State Performance Standards database of Licensed Measures and Licensed Content that align with State proficiency standards for those States whose assessments are linked with the Lexile® or Quantile® MetaMetrics Frameworks, for which database a license is purchased as described in an Order Form(s), any Documentation related thereto and any updates provided by MetaMetrics from time to time, where:

A. “Licensed Content” means State proficiency standards mapped to Licensed Measures and additional content such as +/- ranges for where students would fall as compared to the State standard from the State Performance Standards Database, but excludes the Licensed Measures; and

B. “Licensed Measures” means the Lexile® reading measures from the Lexile® State Performance Standards Database or Quantile® measures from the Quantile® State Performance Standards Database, which are content measures (measures associated with the level of content).