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GUIDELINES FOR ROUTINE/COMMERCIAL TESTING
Routine or commercial testing generally involves repetitive, quantitative measurements under physically controlled conditions for which the data produced are expected to be within a pre-determined range of values or of reproducibility. The result of such investigative activities are primarily of interest to the sponsor or client and, in some cases, are only interpretable by the sponsor (e.g., in cases where the nature of the materials subject to testing are not fully revealed). The scientific and technical contexts to which these activities are relevant include, but are not limited to, calibration of equipment and standards, statistical quality control of processes, mineralogical sampling, bioassays, and the like.
Routine/commercial tests or investigations including beta tests (as defined in item 5 below), may be undertaken at the University of Michigan for individuals, firms, corporations, or other organizations:
(1) When, in the opinion of the head of the department or research unit in which the tests would be conducted, it is desirable that the proposed work be done; and
(a) When the results may be of scientific value, may lead to an extension of knowledge, or may increase effectiveness in teaching and/or research; or
(b) When the necessary facilities or services are unique to the University or are not readily accessible and when the work can be undertaken without interference with normal usage, and
(c) If students are to be involved, such involvement is appropriate to their academic experience; and
(2) The fee authorized to be charged for each test is sufficient to cover all direct and approved indirect costs for services rendered and for the use of any facilities and staff of the University involved in carrying out the test; and
(3) Procedures are established for periodic review of such testing activities to ensure compliance with personnel, conflict of interest, and other applicable University policies and to avoid needless additional liability.
(4) A department head or unit director may petition the Vice President and Chief Finance Officer for authorization to undertake routine testing activities for reasons other than those identified in subsections 1(a) or 1(b) only if:
(a) the tests will not interfere with the research and teaching activities being conducted in the facility; and
(b) the fee authorized to be charged for such tests reflects the direct and approved indirect cost for the services as well as the price of comparable or similar services provided in the private sector.
(5) For the purpose of these guidelines, a beta test involves the authorized use--for evaluation, assessment, and/or research--of experimental or prototype equipment, models, devices, pre-release versions of software, or other copyrightable material--which are not publicly available--on the condition that the results will be shared with the provider/beta test sponsor, and where the results are not expected to be publishable as research findings.
(a) The University's obligation to maintain confidentiality of information provided by the sponsor of a beta test agreement may be for as long as necessary and reasonable under the circumstances (including in perpetuity) to afford protection for the provider/sponsor without posing an exceptional risk of liability for the University.
(b) The provider of beta test materials may be afforded an opportunity to review and limit the publication of results obtained in the conduct of a beta test as necessary and reasonable under the circumstances to ensure the protection of proprietary interest, provided that the restrictions are consistent with the expectations of and concurred in by the principal investigator.
(c) To protect students who may be involved in beta testing, the agreement should clearly detail the circumstances under which the beta test experience/results can be used by students in thesis or dissertation research. It may be necessary to exclude students from participation if such assurances cannot be provided by the beta test sponsor.