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Edugator

Edugator Community Test Bank (CTB) Agreement

Last Updated August 18, 2026 · Version 1.0

This Community Test Bank Agreement (this "Agreement") governs the submission, licensing, distribution, and use of educational content contributed to the Edugator Community Test Bank ("CTB") and related educational resources made available through Edugator ("Edugator").

By submitting Content ("Content") to the CTB and affirmatively opting into the Edugator Community Test Bank program, the individual submitting the Content ("Contributor") acknowledges and agrees that:

  • Contributor has read and understands this Agreement;
  • the Content may be distributed to other Edugator users and third parties;
  • the license granted under this Agreement permits downstream users to copy, adapt, incorporate, and redistribute Content subject to the terms of the Community Test Bank License described below;
  • Contributor may request that Content be removed from the Edugator CTB, but such removal does not require downstream users to remove or cease using lawful copies or adaptations obtained before removal;
  • Contributor represents that Contributor has the right and authority to submit the Content and grant the rights described in this Agreement; and
  • Contributor agrees to be legally bound by this Agreement.

1. Contribution of Content

  • Contributor may submit educational materials—including, but not limited to, assessment questions, question banks, explanations, solutions, rubrics, instructional materials, examples, datasets, metadata, and related educational resources ("Content")—for inclusion in the Edugator CTB.

  • Contributor may contribute Content in the Contributor's capacity as an instructor, teacher, teaching assistant, faculty member, staff member, or other authorized educational contributor.

  • Edugator may review, screen, format, organize, categorize, edit for formatting, accessibility, consistency, or platform functionality, and otherwise prepare submitted Content for inclusion in the CTB.

  • Submission of Content does not guarantee that Edugator will publish, approve, maintain, or continue to distribute the Content. Edugator may decline to publish or may remove Content for legal, copyright, quality, accessibility, privacy, security, policy, operational, or other reasonable reasons.

2. Ownership

  • Except for the rights expressly granted under this Agreement, Contributor retains all right, title, and interest that Contributor holds in the original Content.

  • Nothing in this Agreement transfers ownership of Contributor's Content to Edugator.

  • Where Content is owned in whole or in part by an institution, employer, or other third party, Contributor represents that Contributor has obtained all authority necessary to grant the rights described in this Agreement.

3. License to Edugator

By affirmatively opting into the Edugator Community Test Bank program when submitting Content to the CTB, Contributor grants Edugator a worldwide, royalty-free, non-exclusive license to use the Content for purposes of operating, maintaining, improving, promoting, and distributing the Edugator platform and its educational resources. This license includes the right to:

  • reproduce the Content;
  • distribute and redistribute the Content;
  • publicly display the Content;
  • make the Content available through Edugator;
  • format, edit, organize, translate, adapt, and modify the Content;
  • create and distribute adaptations and derivative educational resources;
  • incorporate the Content into test banks, courses, assessments, course shells, instructional materials, and other educational resources;
  • combine the Content with other educational content; and
  • permit Edugator users and other authorized recipients to access, copy, adapt, incorporate, and redistribute the Content in accordance with the Community Test Bank License described in Section 7.

Edugator may exercise these rights in any media or format now known or later developed.

4. Contributor Representations and Warranties

By submitting Content, Contributor represents and warrants, to the best of Contributor's knowledge and based on the authority available to Contributor, that:

  1. Contributor has the legal right and authority to submit the Content and grant the rights described in this Agreement;
  2. the Content does not knowingly infringe the copyright, trademark, privacy, publicity, intellectual-property, or other rights of a third party;
  3. Contributor has obtained any permissions necessary to include third-party materials contained in the Content and to grant the rights described in this Agreement;
  4. the Content does not knowingly contain confidential, proprietary, personally identifiable, student education records, or other restricted information that Contributor is not authorized to disclose or distribute; and
  5. Contributor will not knowingly submit material that Contributor is prohibited from distributing, licensing, or otherwise making available.
  6. Contributor should not submit copyrighted material belonging to another person or organization unless Contributor has obtained the rights or permission necessary to submit and license that material under this Agreement.

5. Third-Party Materials

  • Contributor should identify any third-party material incorporated into the Content for which separate ownership, licensing, attribution, or other rights or restrictions apply.

  • Contributor remains responsible for identifying and obtaining any permissions required for third-party materials included in submitted Content.

  • Edugator may remove, replace, exclude, or modify third-party material that it reasonably believes is subject to third-party restrictions or for which sufficient rights or permissions have not been established.

6. Publication and Takedown

  • Contributor may request that Edugator remove Contributor's Content from the CTB by contacting support@edugator.app.

  • Upon receiving a valid takedown request, Edugator may remove the Content from its CTB and discontinue making the Content available through Edugator's central repository.

  • A takedown request does not revoke, terminate, or otherwise invalidate rights previously granted to downstream users with respect to copies of the Content that they lawfully obtained before the Content was removed.

  • Accordingly, removal from the CTB does not constitute a recall of copies of the Content that were previously obtained, copied, incorporated into a course shell, adapted, remixed, redistributed, or otherwise used by third parties in accordance with the Community Test Bank License.

  • Edugator is not responsible for requiring downstream users to remove or cease using copies or adaptations that they lawfully obtained before the Content was removed from the CTB.

  • Edugator cannot guarantee that Content, once distributed, will be removed from external repositories, course materials, course shells, derivative works, cached copies, or other locations outside Edugator's control.

7. Community Test Bank License and Downstream Uses

Content made available through the CTB is provided to downstream users under the following royalty-free, worldwide, non-exclusive license:

Community Test Bank License. A person or organization that lawfully obtains Content from the CTB may:

  • access and use the Content;
  • reproduce and copy the Content;
  • incorporate the Content into educational materials, course shells, assessments, test banks, instructional resources, and other educational resources;
  • adapt, modify, translate, remix, or create derivative works from the Content; and
  • redistribute the original Content or adaptations of the Content to others.

These rights are granted without payment of royalties to Contributor or Edugator.

Downstream users must retain reasonable identification of the original Contributor and, where provided with the Content, reasonable attribution to Edugator and the CTB. Downstream users may identify, adapt, or modify the Content to reflect their own course, institution, instructional context, or other legitimate educational use.

The rights granted to downstream users under this Section apply to copies lawfully obtained while the Content was available through the CTB. A subsequent takedown of Content from the CTB does not, by itself, terminate or revoke those previously granted rights.

Nothing in this Section grants downstream users rights to Edugator's trademarks, service marks, logos, software, source code, platform technology, or other proprietary materials that are separate from the contributed Content.

8. Edugator Modifications and Derivative Works

  • Edugator may modify, format, adapt, combine, organize, translate, or otherwise transform Content for purposes including accessibility, assessment delivery, instructional design, platform functionality, quality improvement, and other educational or operational purposes.

  • Edugator may combine contributed Content with other educational resources, including Content contributed by other users.

  • Edugator may distribute and make available such modifications, adaptations, combinations, and derivative educational resources through Edugator, subject to the rights applicable to the underlying Content and any third-party materials incorporated into those resources.

  • Edugator has no obligation to publish, maintain, distribute, or continue distributing any submitted Content.

9. No Warranty

  • Content is contributed and made available on an "as is" and "as available" basis.

  • Edugator does not warrant that contributed Content is accurate, complete, current, error-free, or suitable for a particular course, institution, discipline, student population, assessment purpose, or instructional context.

  • Edugator does not guarantee the uninterrupted availability of any Content or the continued availability of the CTB.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Edugator and its affiliates, officers, members, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, instructional time, or other intangible losses arising out of or relating to:

  • the submission or use of Content;
  • the publication, modification, distribution, or removal of Content;
  • reliance upon Content;
  • downstream use or adaptation of Content;
  • unauthorized copying or redistribution of Content by third parties; or
  • interruption, suspension, or unavailability of the Edugator platform or CTB.

Nothing in this Agreement excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.

11. Indemnification

To the extent permitted by applicable law, Contributor agrees to indemnify and hold harmless Edugator and its affiliates, officers, members, and service providers from third-party claims, damages, liabilities, costs, and reasonable expenses arising from a claim that:

  1. Contributor's submitted Content infringes a third party's intellectual-property or other proprietary rights; or
  2. Contributor did not have the authority to submit the Content or grant the rights described in this Agreement.

This provision does not apply to the extent that a claim results from Edugator's unauthorized modification or use of Content outside the rights granted under this Agreement.

12. Institutional Policies and Contributor Authority

  • Contributor represents that Contributor has the right and authority to grant the licenses described in this Agreement, whether through ownership, institutional authorization, employment terms, applicable institutional policy, or other legally sufficient authority.

  • If Contributor is affiliated with a university, college, school, company, government agency, or other institution, Contributor remains responsible for complying with applicable institutional policies, employment agreements, intellectual-property policies, copyright requirements, research requirements, confidentiality obligations, and restrictions concerning the use or distribution of institutional resources.

  • Nothing in this Agreement requires Contributor to grant rights that Contributor does not legally possess or have authority to grant.

  • If applicable law or a binding institutional policy limits the rights Contributor may grant, those limitations will control to the extent required by law or applicable policy.

13. Edugator Intellectual Property

  • Except for Content contributed by users and third-party materials, Edugator retains all right, title, and interest in and to the Edugator platform, software, source code, technology, trademarks, service marks, logos, branding, website design, documentation, and other proprietary materials.

  • Nothing in this Agreement grants a Contributor or downstream user any ownership interest in Edugator's proprietary materials.

  • The rights granted under the Community Test Bank License apply only to Content made available under that license and do not extend to Edugator's proprietary technology, trademarks, or branding.

14. Governing Law and Venue

  • This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles.

  • To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to this Agreement shall be brought in the state or federal courts located in Florida, and the parties consent to the jurisdiction and venue of such courts.

15. Entire Agreement; Severability

  • This Agreement constitutes the entire agreement between Contributor and Edugator concerning the submission and licensing of Content through the CTB and supersedes any prior or contemporaneous understandings concerning that subject matter.

  • If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

  • Edugator may update this Agreement from time to time. Any updated version will apply prospectively to new Content submitted after the effective date of the updated Agreement, unless otherwise required by applicable law or expressly agreed by the parties.