ETS SIR II™ Online & e-SIR (Distance Learning) Order Form
The SIR II™ is the second generation of the Student Instructional Report - a teacher evaluation instrument used for more than 30 years that objectively captures student assessment of teacher effectiveness. Available in both web-based and paper-and-pencil delivery method, the SIR II is an assessment test that is highly acclaimed for its fairness and validity. The research-based SIR II clearly identifies strengths and weaknesses in teaching and delivers the information that faculty and administrators use. The e-SIR is a web-based version of the SIR II modified especially for distance learning courses. The e-SIR survey questions are tailored specifically to distance-learning students and are available only via web-based delivery.
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SIR II Online and e-SIR (Distance Learning) Only
Price $.90 per Survey
Terms of Agreement
End User Agreement
e-SIR and SIR II Online
THIS AGREEMENT (the "Agreement"), effective April 6, 2007 by and between EDUCATIONAL TESTING SERVICE ("ETS"), a nonprofit, nonstock corporation, organized and existing under the Education Law of the State of New York, with principal offices at Princeton, New Jersey, 08541, USA and _______________________ (the "Institution"), an educational institution with principal campuses in _________________________.
The e-SIR and the SIR II Online are internet delivered versions of the SIR IIT (Student Instructional Report II) survey administered by institutions to students for the purpose of evaluating the teaching and learning that takes place in online classes. Upon execution of this End User Agreement (the "Agreement") and payment to ETS, the Institution agrees to be legally bound by the terms and conditions of this Agreement and shall receive the right to access e-SIR and/or Sir II Online during a twelve-month period effective from the date of execution of this Agreement.
TERMS AND CONDITIONS
1. Certification. By signing this Agreement, the Institution certifies (i) that the undersigned is an authorized representative of the Institution; (ii) that the Institution has issued a Purchase Order to cover payment for the number of questionnaires ordered; and (iii) that the Institution will comply with the SIR II Guidelines that can be found on ETS.org.
2. Ownership. ETS retains all right, title and interest, including but not limited to patent, copyright, trademark and trade secret in and to the e-SIR, SIR II Online and SIR II, as well as to any other ETS materials, content, software programs, and associated techniques, concepts, and methodologies that may be used to provide the survey. Except as expressly permitted by this Agreement, e-SIR materials may not be printed, reproduced or copied (in whole or in part), made available to any other party, or used for any other purpose.
3. Student Misconduct. ETS is not responsible for incidents regarding or related to student misconduct and the Institution is solely responsible for any actions related to the misconduct.
4. Confidentiality of Student Responses. The Institution understands and agrees that the identity of individual student responders will not be provided, and that all score data provided will be aggregated.
5. Confidentiality. ETS agrees not to share Institution information with anyone other than the Institution, but retains the right to use non-personally identifiable information collected as a result of the administration of this survey for research and development purposes.
6. Limitation of Liability. (a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE QUESTIONNAIRES PROVIDED HEREUNDER ARE PROVIDED TO INSTITUTION "AS-IS". ETS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TITLE, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (b) NEITHER ETS NOR ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER UNDER THIS AGREEMENT OR OTHERWISE FOR DAMAGES ARISING OUT OF THE USE OF THE SURVEY.
7. Force Majeure. ETS shall not be responsible for delays or failure in performance resulting from actions of the Institution, events of force majeure and/or acts beyond the control of ETS for any other reason. Such events of force majeure shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war or terrorism, epidemics, governmental regulations imposed after the fact, fire, failure of public or private carriers, communication line failure, digital transmission links, Internet slow downs or failures, computer hacking, power failure, earthquakes, or other disasters. Should an event of force majeure occur, ETS shall be excused from performance hereunder during any period and to the extent that it is prevented from performing any obligation pursuant thereto, in whole or in part, as a result of such delays. Such nonperformance shall not be a default hereunder or a ground for termination hereof.
8. Governing Law. This Agreement shall be governed by and construed in accordance with the federal laws of the United States and the State Laws of New Jersey, regardless of its place of execution or performance and without regard to the principles of conflicts of laws.
9. Entire Agreement; Amendment. This Agreement, including the associated Order Form, constitutes the entire agreement and understanding between ETS and the Institution concerning the subject matter hereof. Any preprinted terms and conditions on the Institution's Purchase Order shall not amend or supplement this Agreement and shall be of no force or effect. Any modification or amendment to this Agreement shall not be binding unless it is in writing and signed by ETS and the Institution. If any of the provisions of this Agreement are found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable.
IN WITNESS WHEREOF, the Institution, intending to be legally bound hereby, has executed this Agreement through its duly authorized representative. ____________________________________ Copyright © 2011 by Educational Testing Service. All rights reserved.
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