Academic software license agreement

Collaborations with commercial entities blur the lines of public and private research. OpenEye appreciates this complexity and lists the expected and required behavior by the Licensee in any of the following situations:. The Licensee acknowledges that the Software needs to be activated by time-limited and potentially machine-limited license keys.

The Licensee shall receive its license key from OpenEye on an annual basis or as otherwise determined by OpenEye. No support is provided with an Academic License. OpenEye may in its sole discretion and at its own schedule, but without obligation, review the merit of any reported issues, requests for enhancement or questions about usage and may deliver a response.

Title, ownership and intellectual property rights in the Software and Documentation shall remain in OpenEye. The Software and Documentation are protected by copyright and other intellectual property laws and by international treaties. Licensee shall take reasonable steps to maintain the confidential and trade secret status of the Software, Documentation and other proprietary OpenEye information and materials provided to Licensee.

Upon expiration or termination in any other conditions, the Licensee will destroy all copies of the Software and Documentation and within thirty 30 days send a written certification of compliance to OpenEye. The Software and related technology may not be downloaded or otherwise exported or re-exported i into or to a national or resident of Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the U. Commerce Department's Table of Denial Orders.

Licensee agrees to the foregoing and represents and warrants that they are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, the Licensee agrees to comply with any other applicable U. Licensee also represents and warrants that they will not use, or permit or authorize others to use, the Software in connection with the design, development, production, stockpiling or use of any chemical or biological weapons.

To the maximum extent permitted by applicable law:. The Software is provided with restricted rights and is a "commercial item," as that term is defined in 48 C. Use, duplication, or disclosure by U. Government agencies or contractors is subject to the restrictions as set forth in 48 C. This Agreement represents the complete agreement concerning the subject matter hereof and may be amended or waived only by a writing executed by both Licensee and OpenEye.

If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by New Mexico law, excluding conflict of law provisions. The Licensee acknowledges that OpenEye would suffer substantial damage if the Licensee breached this Agreement and agrees that if that happened, OpenEye is entitled in addition to any other rights or remedies to obtain an injunction from any court with jurisdiction, without posting of bond or other security.

This license does not entitle Licensee to receive from TUM copies of the Licensed Software on disks, tapes or CD's, hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Licensed Software. The user and any research assistants, co-workers or other workers who may use the Program agree to not give the Program to third parties or grant licenses on software, which include the Program, alone or integrated into other software, to third parties.

Modification of the source code is prohibited without the prior written consent of TUM. LICENSEE shall have the right to make copies of the Licensed Software for internal use at the Site and for back-up purposes under this Agreement, but agrees that all such copies shall contain the copyright notices and all other reasonable and appropriate proprietary markings or confidential legends that appear on the Licensed Software provided hereunder.

The TUM shall have no obligation to offer support services to LICENSEE, and nothing contained herein shall be interpreted as to require TUM to provide maintenance, installation services, version updates, debugging, consultation or end-user support of any kind. Except as otherwise expressly permitted in this Agreement, or expressly permitted by the agreements of the sub-licenses, Licensee may not.

If you want to assess our method to publish results on a new data set, we urge you to communicate this plan with us to ascertain that you are optimally running the Program. Except as expressly set forth in this agreement, TUM makes no representations or warranties, express or implied. The product is provided free of charge, and, therefore, on an "as is" basis, without warranty of any kind, express or implied, including without limitation the warranties that it is free of defects, virus free, able to operate on an uninterrupted basis, merchantable, fit for a particular purpose or non-interfering.

By way of example, but not limitation, TUM makes no representations or warranties of merchantability or fitness for any particular application or, except as set forth in paragraph 8, that the use of the Program will not infringe any patents, copyrights or trademarks or other rights of third parties.

This disclaimer of warranty constitutes an essential part of this agreement. No use of the licensed product is authorized hereunder except under this disclaimer.

In no event will LICENSOR or its affiliates be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory contract, tort or otherwise upon which the claim is based.

Furthermore, academic institutions rely on the reputation of the school or university to attract students and business. So, academic licensing is different and some argue easier to manage. However, academic software licenses are still software assets, and still need to be managed accordingly. Compliance still needs to be met as the threat of audit is there for academic institutions as well as corporate organisations. If you feel we have missed anything out in this article, or you want to have your say on academic licensing, then please feel free to get in touch and have your voice heard!

Image credit. Nicely written as always one point to convey about trying to do SAM in education is that of winning over the academics — they rightly have considerable influence over the software used to teach students; however their should be an academic imperative to stay sharp on new releases of software.

One lecturer I knew was using and advocating the use of Adobe CS2! Put SAM in these terms and the vice chancellors perk up at the prospect of students going elsewhere to study.

The only vendor that I would agree with would be Microsoft and then only from a desktop and client access perspective. I spent years working in HE with many of them having responsibility for software licensing and the metric that I applied more than any other was concurrency.

I also agree with Rory that the biggest challenge is getting the academics on side. Having them represented in the initial discussions when planning the introduction new technologies or even a major version upgrade of an existing application allows them to air their issues and have them addressed at an early stage.

More often than not this will make the transition much smoother. How is licensing different? There are some examples of non Qualified Educational Establishments. They include: Non-accredited schools Museums Hospitals not wholly owned and operated by an Educational Establishment Churches Religious organisations that are not accredited schools Libraries Training centres or schools granting certificates for courses such as computer software training or job training that are not accredited schools that grant degrees requiring not less than the equivalent of two 2 years of full-time study Military schools that do not grant academic degrees Source Costs The costs for academic licenses are significantly lower than corporate organisations.

Managing software licenses Despite the software licenses being significantly cheaper, the software assets still need to be managed correctly. Will I still be audited? Conclusion So, academic licensing is different and some argue easier to manage.