Sponsored Research Agreement

The University of Texas at Arlington is an agency of the U.S. state of Texas and a sub-institution of the University of Texas system administered by the UT Board of Regents. All agreements, including sponsored research agreements and related contractual agreements such as visiting researcher agreements, non-disclosure agreements, team agreements, material transfer agreements, etc., must be signed by an authorized UTA official and under the legal name of the university: ”The University of Texas at Arlington”. In accordance with federal regulations, all faculty members registered as principal investigators for a sponsored project must make some level of effort for that project to ensure the necessary oversight and administration. For more information on effort, see Policy 1316 Commitment to Effort: Management of Effort Associated with Sponsored Projects Subject to these guidelines and applicable law, a proponent may own research projects or services that may be used in its sole discretion. Preliminary discussions about a proposed sponsored project can begin long before an industry partner is ready to launch an RAS. However, before the OIE can create an RAS project, the project`s Principal Investigator (PI) must first submit a project proposal to the OIE for review and approval. A proposal must contain at least a service description, a project budget and a budget justification. Additional information and documentation may be requested during the application review process. If the proponent and the PI wish to proceed with the proposed project, a draft MRA will be prepared that includes the approved RFP and budget as well as the agreed funding amount, payment plan and intellectual property known to the NPs/co-IPs. Can a sponsor approve publications that result from the research? Penn State understands that different industry sponsors have different payment and intellectual property (IP) needs. Penn State researchers also have different backgrounds and interests. Thus, Penn State has developed a menu of options to serve a variety of contractual arrangements.

In addition, certain contractual conditions are often used between private institutions that simply do not apply to us as a public university. We have to negotiate certain conditions, which can lead to a delay. Terms such as: The use of certain research papers requires compliance with federal laws and Stanford guidelines. If the material is: The research agreement is a legal document that details the obligations of two or more parties in connection with a research or service project. It often has certain outcomes and milestones to meet and dictates how the parties will interact with each other, including payment and topics such as advertising, publication, and intellectual property (such as copyrights, inventions, or patents). Agreements may be referred to by various names – sponsored research agreement, service contract, sub-price or letter of agreement. The University of Texas at Arlington is not a UTA PI, but the contracting party in terms of formal contracts. This means that all contracts must be reviewed and accepted by the institution and not by the individual faculties. Each agreement contains conditions that must be carefully considered before being accepted. While UTA policy and state law provide general guidance in terms of acceptable terms, the type of project proposed and the type of sponsor will ultimately determine how an agreement is drafted and which office can review it. The University of Texas at Arlington has introduced several standard formats for research agreements that comply with state law and national standards, such as those of the UIDP.

UT Arlington owns the intellectual property that we create for legal and tax reasons in connection with sponsored research projects. First, UTA is part of a public university system funded in part by Texas state taxpayers. Our regents retain ownership of all inventions and discoveries arising from UTA research with UTA resources. Since UTA is a non-profit organisation that finances research institutions through the issuance of tax-exempt bonds, UTA is required by law to ensure that bond-financed facilities are not used in a way that would result in interest liability. IrS regulations provide specific guidelines to prevent private companies from using facilities funded by tax-free obligations in sponsored research agreements, and UTA follows them. Note that companies that sponsor research may receive intellectual property rights in the form of a temporary option for a license. In addition, a promoter may receive an automatic concession of the intellectual property right created for a specific funded project and limited to internal research use. See Section 8 of the Model Sponsored Research Agreements, which can be found here. A sponsor may agree to use the university`s standard SRA (Cost Rebursable) or a university standard SRA (fixed price). In other cases, the parties may find it advantageous to develop negotiated key terms. However, the university, as the state authority of Texas, has certain restrictions on the applicability of certain contractual terms. Interested parties can learn more about university-sponsored research by reading the Principles and Policies Guide for Sponsored Activities.

The faculty of the College of Agricultural Sciences is also subject to special rules due to the receipt of formula funds from the U.S. Department of Agriculture. The Faculty of Agricultural Sciences should contact its Grants and Contracts Office to determine if it can use the Sponsored Research Agreement – Agricultural Science Version or any of the other contract templates listed below. • Intellectual property. These delays are often resolved by explaining our legal restrictions that govern the intellectual property rights generated by sponsored research. OSP encourages principal investigators to send Yale`s SRA model with the proposal. However, if the proponent submits an agreement, PSO will enter into negotiations to inform the principal investigator of any concerns. In general, SRAs include/address the following: A proponent retains ownership rights in its own contributions to jointly developed results and joint work resulting from or resulting from a research project, naturally under applicable U.S. patent law. In addition, UT Arlington grants each research sponsor the opportunity to negotiate an exclusive or non-exclusive, worldwide, royalty-based license to manufacture, use or sell an invention or discovery that is wholly or partially owned by UT Arlington and that is manufactured or designed and reduced to practice during the sponsored research. Principal investigators and potential private sponsors can contact the OIE for more information on research projects funded at the university. Usually, no, with some specific exceptions for confidential information provided by a sponsor and patentable inventions.

According to the usual practice of universities and industries expressed in UIDP Contractual Agreement 3, Publications, universities conduct research as tax-exempt organizations. Research carried out by tax-exempt bodies must be carried out in the interest of the general public and lead to information that is published and accessible to the interested public. Research subject to publication restrictions may be considered private business or private commercial activity that has nothing to do with the public purpose of the university, and the secrecy of the results could violate applicable law. In other words, sponsors have the right to request the removal of confidential sponsor information disclosed to the university during sponsored research. Upon request, an additional delay in publication, which is specific and limited, may be appropriate to allow time to file a patent application for inventions that result directly from the original and creative research work of the UT Arlington Faculty. Penn State maintains both a sponsored refund seeking agreement and a fixed-price sponsored research agreement. Other models are available to control other approaches to IP management. The fixed-price version of the agreement is generally recommended for small projects. If you would like to use the fixed-price agreement for a project over $100,000, please contact OSP first. When you submit a refund agreement, you usually need to create a detailed budget. Please DO NOT provide a detailed budget to the Sponsor when using the Fixed Price Agreement, as there is no obligation to provide financial reports or other budget details in support of these Agreements.

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Software Copyright Agreement Sample

Licensee acknowledges and agrees that copyrights, patents, trade secrets and all other intellectual property rights of any kind in the Software, Documentation and Specifications are and shall remain the property of Licensor, and nothing in this Agreement shall be construed as transferring any aspect of such rights to Licensee or any third party. Have your privacy policy formulated correctly! The confidentiality provision should apply to both parties and should address the right of a party to have sensitive trade secrets or trade secrets disclosed confidentially. The confidentiality of software and documentation, on the other hand, is better preserved in the provisions on restrictions on use. If you`re primarily deploying software through a browser, but the software has been downloaded, you`ll probably need a subscription agreement because you`re really in the SAAS industry. However, if you primarily provide downloaded software but certain services are provided (. B for example, support, maintenance, training, or web services), you`ll likely need an EULA because you`re licensing your software. In addition, some models may be more of a true hybrid, with a SAAS agreement for your online subscription service and then an EULA for the software downloaded and used with the subscription service. In addition to restrictions on how the software can be used, the creation of software license agreements should also take into account geographical restrictions on where the software can be used. Most licensors limit the use of the software to a specific country or website. Failure to limit the use of the Software to a specific country or geographic location may also result in a number of export issues. In addition, the limitation of geographical scope is closely linked to the offsetting of intellectual property rights. Failure to include a geographical restriction on the use of the Licensed Software may extend the scope of compensation granted by Licensor.

This section refers to the limitations of liability in connection with the Software. In addition, insurance regulations are important if the software provider allows its staff to work on-site at the customer`s site. This is a specific type of liability risk that may also need to be addressed. A software license agreement is an agreement in which one copyright holder (licensor) licenses the use of a particular software to another (licensee). It can be helpful to think of a software license agreement in a spectrum ranging from an end user license agreement (EULA) to a software development agreement. EULAs apply to common commercial software, e.B an operating system for a PC, video game, or other PC application. At the other end of the spectrum is a software development agreement in which a customer hires a developer to develop unique software tailored to the customer`s business needs. In addition to specifying applicable law, your license agreement may include dispute resolution provisions ranging from binding arbitration, voluntary mediation, escalating issues to senior management within the parties` organizations, or waiving a jury trial when the issues are brought before the courts. An EULA is similar to a lease in which Licensee pays for the use of the Software in the manner set forth in the Agreement, rather than renting physical goods or property. This means that the user complies with all restrictions specified in the EULA by the author or publisher of the software.

These restrictions may include a usage time limit (for example, a subscription. B), a limited number of downloads (. B installation on 5 computers or other electronic devices) and more. In the Enterprise licensing model, an enterprise can purchase a license that allows a set number of user rights. In such a model, a well-formulated license would at least explain what constitutes a user, how users can be added and removed, what rights users have over the different licenses granted, the cost of purchasing new users, and the cost of purchasing the first group of users. However, decisions about how to structure each of these terms depend entirely on the business model and product offering provided by the respective software company. Thus, if the selected terms are cut and inserted from an unbound form agreement, it is almost certain that the selected terms are incorrect and make no sense. This Software License Agreement (”SLA”) is a legal agreement between you (an individual or entity) and Passware for the aforementioned Passware Software Product, which includes computer software and may include related media, printed materials, and ”online” or electronic documentation (”SOFTWARE PRODUCT”). By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not install or use the SOFTWARE PRODUCT; However, you can return it to your place of purchase for a full refund.

The first paragraph of each story should follow the convention of ”who, what, when and where.” A well-drafted license agreement will also follow this methodology. We will ensure that the business elements of the business (what is allowed, the cost of the license, as well as the scope and duration of the license) are included right after the definition section. You`ll be happy to know that the most important business elements of the store are addressed near the beginning of the deal, so you don`t have to skip page by page to find the software price or payment terms. A well-designed software license or SaaS agreement is structured around the technology, features, functionality, and business model of each product, and is not just based on a set of ”perfect” conditions from a model. As a software company, this means that if you hire a lawyer to advise you on your contracts, your lawyer should definitely push you to provide important details about how your product`s technology, features, functionality, and business model work, among other things! Licensor shall exclude all warranties, except those expressly set forth in the License Agreement. If Licensor does not disclaim any other warranties, Licensor may be liable for the fact that the Licensed Software is not commercially available or fit for the purpose intended by Licensee. The software is protected by copyright as a literary work pursuant to 17 U.S..C§ 107(a)(1). The basis of a software license agreement is therefore the grant of a copyright license to the licensee; Use of the Software is subject to Licensee`s acceptance of and compliance with the terms of the Software License Agreement, and the License sometimes includes limited rights to reproduce the Software for Licensee`s internal use.

You want to ensure that your valuable inventions and/or intellectual property are properly protected against counterfeiting or misuse. The creation of a software license agreement is such a guarantee. Contact a local contract attorney to have your software license agreement reviewed and discuss how he or she can help you protect your rights. To protect yourself legally, all of your company`s software must be covered by a license agreement. A software license agreement, also known as an ”end user” license agreement, is a legally binding agreement between the owner of the proprietary software (in this case, your company) and the end user (your customer). .