In consideration of my participation in a certification, certificate, accreditation or learning development workshop (“CompTIA Workshop”) facilitated by The Computing Technology Industry Association, Inc. (“CompTIA”) as a subject matter expert (“SME”), I agree as follows:
- I understand and agree that during my service as a SME in any CompTIA Workshop, I will: (a) at all times, conduct myself in a professional manner and with a high level of civility, integrity and courtesy with all other participants; (b) refrain from any actions or comments designed to insult, demean, or attack the personal character of other SMEs, CompTIA staff or other participants; (c) turn off any cell phones, beepers, or other similar items; (d) be impartial in the exercise of my responsibilities as a SME participating in a CompTIA Workshop and avoid situations where my personal interests may bias my input at the CompTIA Workshop. I will promptly disclose such situations to CompTIA and recuse myself if appropriate; and (e) abide by and agree to be bound by all published policies of CompTIA applicable to a SME.
- I understand that as a result of my participation in a CompTIA Workshop, new intellectual property will be created. This intellectual property may be in the form of, but is not limited to, a job task analysis, examination objectives, examination questions and answers, learning material, teaching guides, the methodology for developing the preceding and other similar materials, works of authorship, know-how and methods which are collectively referred to here as “Workshop Work Product”.
- I understand that as a result of my participation in a CompTIA Workshop, I will have access to non-public or other proprietary information of CompTIA and of other participants in the CompTIA Workshop (“Confidential Information”). I agree that this agreement and my participation as a SME are both deemed Confidential Information.
- I understand and agree that it is vital to the integrity of a credential and the protection of proprietary and/or confidential processes and materials in the creation of a credential and/or related materials to maintain the confidentiality of Workshop Work Product and Confidential Information. I promise and agree that I will keep all Workshop Work Product and Confidential Information confidential and secret and will not disclose to anyone unless required to do so by law, but only after providing CompTIA with 14 days advance written notice prior to any such disclosure.
- I affirm that, to the best of my knowledge, my contributions to the Workshop Work Product are my original thoughts based on my general skills and knowledge of the subject matter and that my contributions are not the confidential information of any third party and not subject to any third party intellectual property rights. Subject to Section 6, I will only use original material, not owned by any other person or entity, for submission by me to CompTIA. If material from any other source, including materials obtained through CompTIA-provided Internet access (except for specific resources materials provided by CompTIA) is used for any test item submitted by me, I will notify CompTIA in writing of such source at the time such test item is submitted. In carrying out my duties as an SME, I will do nothing that will violate or infringe the rights of any other person.
- I understand that during the course of exam development workshops, SMEs engaged by CompTIA are strictly prohibited from utilizing any generative artificial intelligence (AI) tools, software, or systems that are not available via an approved CompTIA-provided platform to create, develop, or modify test content, including but not limited to questions, answers, scenarios, or any other related materials. The purpose of this prohibition is to ensure the authenticity, integrity, and quality of the test content, as well as to maintain the human expertise and judgment required for accurate and fair assessment of candidates' knowledge and skills.
- I agree that all of my contributions to the Workshop Work Product constitute a “work made for hire” (as such term is defined in the United States Copyright Act of 1976 (as amended)) as a specially ordered or commissioned work for use as a contribution to a collective work, as an instructional text, as a test, and/or as answer material for a test (as applicable), and that CompTIA is deemed the sole original author of all my contributions to the Workshop Work Product for purposes of copyright and other intellectual property rights ownership. I further hereby irrevocably assign all right, title and interest (under copyright and otherwise) that I may have in and to my contributions to the Workshop Work Product to CompTIA exclusively, in perpetuity, and throughout the world. I agree that as between CompTIA and myself, CompTIA is and will be the exclusive owner of all right, title and interest in and to the Workshop Work Product and that I am not entitled to any compensation from CompTIA’s use, distribution or sale of Workshop Work Product or any Confidential Information that I may share.
- I agree to refrain from taking any action, either individually or in cooperation with any third party, against CompTIA or any other party that is intended to or that might diminish or encumber CompTIA’s exclusive ownership rights in the Workshop Work Product or use of Confidential Information incorporated in Workshop Work Product.
- I agree to cooperate with CompTIA, at CompTIA’s expense, in obtaining registrations of, maintaining, renewing and protecting the Workshop Work Product, which shall include supplying specimens and other evidence of use, authorizing disclosure of my country of citizenship and/or domicile and date of birth for purposes of filing copyright applications, and complying with the requests of CompTIA or CompTIA’s attorneys.
- I agree that I will not use my participation in any CompTIA Workshop or status as a SME for any commercial purpose. I will not participate in (i) the creation, publication, review or revision of any book, online content, literature, training course or other training material of any kind, in any medium whatsoever, or (ii) the teaching of any class, course, seminar or similar presentation that discusses any Workshop Work Product or any CompTIA certification, certificate, accreditation or learning content in which I have participated as a SME.
- I agree that any and all disputes arising hereunder shall be exclusively governed by and interpreted in accordance with the laws of the United States of America and the laws of the State of Illinois. I hereby submit to the jurisdiction of the state and federal courts of the State of Illinois for the resolution of any of such disputes and waive any objection to the propriety or convenience of venue in such courts. I agree that if I breach any of my obligations under this agreement, in addition to all other rights and remedies that CompTIA may have against me as stated above, CompTIA may seek an injunction against me to stop the prohibited conduct without the need to prove damages or post a bond. I further agree to cooperate with CompTIA, at no charge, to ensure that CompTIA secures all rights granted to it under this agreement.
- I understand that I shall not have or permit my spouse or dependent children to have any interest, direct or indirect, in any organization, (the “Interest”), which competes, directly or indirectly, with CompTIA or one or more of its affiliates and subsidiaries, unless the Interest is disclosed to CompTIA, and it is determined by CompTIA, in its sole discretion, that such Interest does not conflict with the interests of CompTIA and that there is no reasonable likelihood that such Interest will influence your judgment or action in performing your duties. Specifically, I understand that due to my involvement in the authoring or development of a CompTIA certification exam, my immediate family members are prohibited from participating in the authoring or development of any CompTIA learning product involving the same certification subject matter.