premise: WHEREAS, FDI has compiled and maintains certain databases pertaining to ophthalmic frame style specifications which it updates and modifies from time to time that includes textual and graphic data relating to frames manufactured by various manufacturers (the “Data”); Developer develops optical practice management software applications (the “Applications”) and wishes to obtain a sample of certain Data (the “Sample Data”) for the sole purpose of assessing whether Developer can adapt the Applications to be compatible with the Sample Data (the “Permitted Purpose”); and FDI is willing to provide Developer with a sample of Sample Data for the Permitted Purpose for a limited time (the “Assessment Period”) on the terms and conditions set forth below;