American University Research Commons (ARC) Non-Exclusive License for Author/Content Creators
American University (“University”) and Author/Content Creator wish to enter into a licensing agreement to preserve Author/Content Creator’s work identified and described more fully herein,
(“Work”) and to make the Work accessible and widely available for dissemination using a range of current and later-developed technologies and formats for educational purposes.
To that end:
License Grant: Author/Content Creator grants the University an irrevocable, transferable non-exclusive right to copy, post and distribute the Work in ARC. Specifically, Author/Content Creator agrees that Work submitted to the University will be made freely available worldwide via the World Wide Web. Author/Content Creator retains all other ownership rights to the Work, including the right to post a copy of the Work on Author/Content Creator’s own website, authorize others to include print or electronic copies of the Work in their collections, produce new (derivative) works based on this Work, or publish the Work in another venue. Author/Content Creator grants University the right to translate the work to any medium or format for the purpose of preservation, and to make more than one copy of the work for purposes of security, back-up and preservation.
Author/Content Creator’s Personal Information: Author/Content Creator agrees that the University may use Author/Content Creator’s name, affiliation with the University, and other personal information supplied by Author/Content Creator for purposes of identifying Author/Content Creator as the creator of the Work.
Author/Content Creator’s Representations and Warranties: Author/Content Creator represents and warrants that:
1) The Work is the sole and original work of Author/Content Creator and it does not violate anyone else’s intellectual property;
2) Author/Content Creator holds the necessary rights, including all intellectual property rights, in and to the Work to enter into this Agreement, to perform the acts required of Author/Content Creator hereunder, and to grant the rights granted herein;
3) This License does not violate or infringe upon the rights of any third party;
4) Any inclusion of copyrighted material into the Work was made with written permission or is consistent with the fair use doctrine under copyright law and any such third-party materials is clearly identified and acknowledged within the text or content of the Work.
5) Author/Content Creator has the authority to sign this Agreement.
6) If the Work is based upon work that has been sponsored or supported by government agency or organization other than American University, Author/Content Creator has fulfilled any right of review or other obligations required by such contract or agreement.
7) AU’s inclusion and use of the Work will not violate any copyright, proprietary or personal rights of any third party
8) The Author/Content Creator has not in any manner disposed of any of the rights herein granted to the University or granted any rights, adverse to or inconsistent therewith; nor are there any rights outstanding which would diminish, encumber, or impair the full enjoyment or exercise of the rights herein granted the University.
Author/Content Creator’s Indemnification: Author/Content Creator agrees to indemnify, defend and hold harmless American University from and against any and all claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable attorney fees), brought against American University, arising out of, related to or which may arise out of Author/Content Creator’s license grant, breach of any representations and warranties expressed in this license, and acts or omissions under this agreement.
Author/Content Creator’s Signature: _________________________________________
Printed Name: ___________________________________________________________
Telephone No.: __________________________________________________________
December 28, 2005