This Intellectual Property (“IP”) Policy is based on the open source initiative set forth in the CyVerse original cooperative agreement (2008) with our funding agency, the National Science Foundation (“NSF”). CyVerse’s commitment to release all code produced under direct project funding with an open source software license stems from CyVerse’s mission to build “enabling technology” (cyberinfrastructure) that will allow anyone to perform analyses and make discoveries that may be patentable or make products that are commercializable and can be continuously used, improved, and extended by the community.
The individual parties to the CyVerse Agreement (individually “Party”, jointly “Parties”) agree to the following terms related to release of software (“Software”) developed under CyVerse funding:
- The individual Party responsible for creating Software shall be responsible for releasing such Software consistent with the following license.
- All Software released will be continuously available through approved open-source distribution sites (e.g., GitHub, Sourceforge, Bitbucket, etc.).
- Any Party releasing Software must ensure that it has the necessary rights to do so.
- Any Party releasing Software must not include any 3rd party code requiring a license that is incompatible with the license provided herein.
- Unless otherwise agreed upon by the Parties in writing, all Software will be released under the following license (where 20XX is replaced with first year of availability…and any subsequent revision…e.g., 2011-2013; and the underline is replaced with the appropriate copyright holder, e.g., The Arizona Board of Regents on behalf of The University of Arizona).
- No fee is charged for all noncommercial education and research purposes;
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer;
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution;
- Neither the name of CyVerse, BIO5, The University of Arizona, The University of Texas at Austin, Cold Spring Harbor Laboratory, nor the names of other contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Parties agree that the Bayh-Dole Act and the NSF Cooperative Agreement Financial & Administrative Terms and Conditions – Patent Rights clause will apply to this subcontract.
Any publications produced by any Party funded in part by the CyVerse will include the following formal acknowledgement:
The Parties agree that the NSF Grant Proposal Guide, Chapter VI, Section J “Acknowledgement of Support and Disclaimer” will also apply to this subcontract.