PROFICIENCY TEST PARTICIPATION AGREEMENT

ISFCE Digital Evidence Handling Proficiency Test
By downloading or participating in the ISFCE Digital Evidence Handling Proficiency Test, the subscriber laboratory agrees to the following terms:

1. Scope of Participation

ISFCE grants the subscriber a limited, non exclusive, non transferable right to use the Proficiency Test materials solely for the purpose of administering one proficiency test to its designated personnel. The materials may not be used for training, replication, redistribution, or any purpose outside the scope of the subscribed test cycle.

Participation in the Proficiency Test does not constitute certification, accreditation, or endorsement by ISFCE. Test results reflect performance only at the time the test was conducted.

2. Intellectual Property

All test materials, including forensic images, instructions, scoring criteria, and reports, remain the sole property of ISFCE. No ownership rights are transferred. The subscriber shall not copy, distribute, disclose, publish, or otherwise reproduce the test materials except as strictly necessary to administer the test internally.

3. Integrity and Confidentiality

The subscriber shall administer the Proficiency Test in a manner that preserves its integrity and confidentiality. The contents of the test, assigned values, and expected results shall not be disclosed outside the participating laboratory except as required by law or accrediting authorities.

The subscriber authorizes ISFCE to release the laboratory’s test results to the accrediting body identified by the subscriber, if applicable.

ISFCE will maintain confidentiality of participant identities in summary or statistical reports unless disclosure is authorized or required by law.

4. Reporting

The subscriber agrees to submit completed results using the ISFCE response form within the designated testing period. Failure to submit results within the required timeframe may result in exclusion from reporting for that test cycle.
ISFCE will issue reports in accordance with its Proficiency Testing Program procedures.

5. No Warranty

The Proficiency Test materials are provided as is. To the maximum extent permitted by law, ISFCE disclaims all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

6. Limitation of Liability

To the maximum extent permitted by law, ISFCE’s total liability arising from participation in the Proficiency Test shall not exceed the fee paid for that specific test cycle. ISFCE shall not be liable for indirect, incidental, or consequential damages arising from use of the test materials.
Nothing in this Agreement is intended to waive or limit rights or obligations that cannot be waived under applicable law, including those applicable to government entities.

7. Compliance with Law

Participation is subject to applicable federal, state, and local laws and regulations. Government and law enforcement laboratories participate only to the extent permitted by applicable law and procurement regulations.

8. Governing Law
This Agreement shall be governed by the laws of the State of New Jersey, except where prohibited by law. Any dispute not resolved informally shall be brought in a court of competent jurisdiction.

This Agreement constitutes the entire understanding between the parties with respect to participation in the ISFCE Proficiency Test.

Please print a copy of this Agreement for your records.