Academic Software License for the United States

Academic Software License Template for United States

An Academic Software License is a legal agreement governing the use of software within educational and research contexts in the United States. This document outlines the terms under which academic institutions can use, modify, and distribute software, while protecting the intellectual property rights of the software provider. It includes specific provisions for academic use, research purposes, and often contains special considerations for student and faculty use, data protection, and publication rights.

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What is a Academic Software License?

The Academic Software License serves as a specialized agreement designed to meet the unique needs of educational institutions while protecting software providers' interests. This document is essential when software is being deployed in academic environments, requiring specific provisions for teaching, research, and scholarly activities. The license typically addresses key aspects such as user rights, intellectual property protection, academic usage limitations, and data privacy compliance under U.S. law. It's particularly important for managing software distribution across campus networks, enabling research activities, and ensuring compliance with educational regulations.

What sections should be included in a Academic Software License?

1. Parties: Identification of the licensor and academic institution/licensee

2. Background: Context of the software and purpose of the license agreement

3. Definitions: Key terms used throughout the agreement including 'Software', 'Academic Use', 'Users'

4. Grant of License: Scope and nature of the license being granted

5. License Restrictions: Specific limitations on use of the software

6. Intellectual Property Rights: Ownership and protection of IP rights

7. Term and Termination: Duration of license and termination conditions

8. Warranty Disclaimer: Limitations of warranties provided

9. Liability Limitation: Scope of liability limitations

What sections are optional to include in a Academic Software License?

1. Support and Maintenance: Terms for technical support and software updates when ongoing support is offered

2. Data Protection: Privacy and data handling requirements when software processes personal data

3. Export Control: Export compliance requirements when software may be subject to export controls

4. Academic Research Rights: Special rights for research purposes when software is used for academic research

5. Publication Rights: Terms for publishing research using the software when results may be published

What schedules should be included in a Academic Software License?

1. Schedule 1 - Software Description: Technical specifications and components of the software

2. Schedule 2 - Authorized Users: List of permitted user categories and access levels

3. Schedule 3 - License Fees: Pricing structure if applicable

4. Schedule 4 - Technical Requirements: Hardware/software requirements for operation

5. Schedule 5 - Support Service Levels: Details of support services if provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Industries

Copyright Act: 17 U.S.C. - Federal law governing copyright protection for original works of authorship, including software

Patent Act: 35 U.S.C. - Federal law governing patent protection, relevant for software-related inventions

DMCA: Digital Millennium Copyright Act - Addresses copyright issues in digital media and software, including anti-circumvention provisions

FERPA: Family Educational Rights and Privacy Act - Protects privacy of student education records, crucial for academic software handling student data

TEACH Act: Technology, Education and Copyright Harmonization Act - Governs use of copyrighted materials in distance education

State Data Protection Laws: Various state-specific regulations governing data protection and privacy requirements

COPPA: Children's Online Privacy Protection Act - Regulates collection of personal information from children under 13

UCC: Uniform Commercial Code - Governs commercial transactions, including software licensing

E-SIGN Act: Electronic Signatures in Global and National Commerce Act - Validates electronic signatures and records

Export Control Regulations: EAR and ITAR regulations controlling export of technology and software to foreign countries

ADA: Americans with Disabilities Act - Requires software accessibility for individuals with disabilities

Section 508: Part of Rehabilitation Act requiring federal agencies to make electronic information accessible

FTC Act: Federal Trade Commission Act - Prohibits unfair or deceptive practices in commerce

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, applicable to software warranties

State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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