The Academic Software License agreement is essential for managing software rights and usage within German academic and research environments. This document type is specifically designed for situations where software developed in academic contexts needs to be licensed to other academic institutions or researchers for research and educational purposes. It addresses unique requirements under German law, including specific provisions of the Urheberrechtsgesetz (German Copyright Act) and academic regulations. The agreement covers crucial aspects such as usage rights, modification permissions, attribution requirements, and publication rights, while maintaining compliance with German legal frameworks and EU directives. This template is particularly valuable for research institutions, universities, and academic software developers who need to establish clear terms for academic software sharing while protecting intellectual property rights.
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1. Parties: Identification of the licensor (software owner/institution) and licensee (academic institution/researcher), including their legal status and authority
2. Background: Context of the software development, academic purpose, and intention of the license agreement
3. Definitions: Key terms including Software, Academic Use, Research Purposes, Modifications, Users, etc.
4. License Grant: Scope of the license, specifically defining academic and research use permissions
5. Permitted Uses: Detailed specifications of allowed uses within academic context, including research, teaching, and publication
6. Restrictions: Limitations on use, including prohibition of commercial use and redistribution restrictions
7. Intellectual Property Rights: Ownership of software, modifications, and derivative works
8. User Obligations: Requirements for academic users, including citation requirements and feedback obligations
9. Term and Termination: Duration of the license and conditions for termination
10. Warranty and Liability: Limited warranty provisions and liability limitations under German law
11. Publication and Attribution: Requirements for acknowledging software use in academic publications
12. Governing Law and Jurisdiction: Specification of German law application and jurisdiction
1. Data Protection: Required if the software processes personal data or when GDPR compliance is relevant
2. Export Control: Include when software may be subject to export restrictions
3. Support and Maintenance: Optional terms for technical support and software updates
4. Collaboration Terms: Include when the license involves research collaboration between institutions
5. Commercial Use Options: Include when providing potential pathway for future commercial licensing
6. Student Access: Include when software will be used in teaching activities
7. Cloud Services: Include when software is deployed or accessed via cloud infrastructure
1. Schedule 1 - Software Description: Technical description of the software, components, and documentation
2. Schedule 2 - Technical Requirements: Hardware and software requirements for installation and use
3. Schedule 3 - Approved Users: Categories of authorized users within the academic institution
4. Schedule 4 - Usage Metrics: Specific metrics for monitoring and reporting software usage
5. Appendix A - Citation Format: Required format for citing the software in academic publications
6. Appendix B - Support Level Agreement: Details of any technical support provisions if included
7. Appendix C - Data Processing Terms: Detailed data protection terms if required under GDPR
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