TERMS OF USE

In this document, “us” and “we” and “the Center” refer to Florida Institute of Technology’s Center for Software Testing Education & Research, and its Director, Dr. Cem Kaner. “You” refers to a user of any services provided at our in connection with Software Testing Education Research site, www.testingeducation.org.

1) ACCEPTANCE OF TERMS

By using www.testingeducation.org, you agree to be bound by these terms and conditions.

We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. The current version of these Terms of use shall be at http://testingeducation.org/wordpress/?page_id=58. Previous versions of the terms will be logged at http://www.testingeducation.org/labpolicies/termslog.html.

2) CONTENT

All artifacts, information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not the Center, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via testingeducation.org. No user shall transmit Content or otherwise conduct or participate in any activities on testingeducation.org which, in our judgment, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

3) NO UNLAWFUL OR PROHIBITED USE

By using testingeducation.org, you warrant to us that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use testingeducation.org and any material obtained from testingeducation.org automatically terminates.

4) LIMITATIONS ON THE REDISTRIBUTION OF CONTENT

Your right to publish or distribute materials from this website is based on a license agreement. Each piece of content comes with its own license. Most content is provided under our standard license. However terms that come with a particular piece of content will override our standard terms. To read our standard license click here. As a brief summary, under the standard license, you may execute, copy, modify and distribute both the binary and source code for academic research and for commercial uses, including use in face-to-face teaching of courses. However, you must attribute the work properly to its author. And if you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

5) HYPERLINKS

Documents at this website may provide links to other websites. We exercise no control whatsoever over such other websites and web-based resources and are not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. The Center shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

This website’s privacy statement is applicable only when you are on our website. Once you choose to link to another website, you

6) COPYRIGHTS

The Center respects the intellectual property rights of others, and requires that the people who use testingeducation.org do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, please notify us by providing our copyright agent with the following information in writing:

1.  The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

2.  Identification of the copyrighted work that you claim has been infringed;

3.  Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

4.  Your name, address, telephone number, and email address.

5.  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.  A statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) is:

Dr. Cem Kaner

Professor, Department of Computer Sciences

Florida Institute of Technology

150 West University Boulevard

Melbourne, Florida 32901-6988

You may also send an electronic notice to kaner@kaner.com. However, because e-mail delivery is of varying reliability, a notice sent by e-mail must not be considered to have been received unless you receive an e-mail message in response that acknowledges receipt. Cem Kaner has agreed to acknowledge all of the mail that he actually receives and can read.

The Center will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Center will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Center will take reasonable steps promptly to notify the submitter that it has removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, the Center will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten business days. Additionally, the Center will replace the removed material and cease disabling access to it not less than ten, nor more than fourteen business days following receipt of the counter notice, unless the Center’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Center’s system.

You may provide us with a Counter Notification by providing our copyright agent the following information in a written or properly authenticable electronic message (that is, an electronic message that we can prove came from you):

1.  Your physical or electronic signature;

2.  Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.  A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4.  Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in Brevard county, Florida and that you will accept service of process from the person who provided the initial notification of infringement.

9) CHOICE OF LAW AND FORUM

This contract shall be governed under the laws of the state of Florida and the laws of the United States. Actions arising out of or in connection with this contract shall be brought in a court of competent jurisdiction in the county of Brevardin the state of Florida.

10) VIOLATIONS OF TERMS

Please report any violations of the Terms of use to the Software Testing Education Research Laboratory at webmaster@testingeducation.org

DATE OF LAST REVISION: 08/12/2004