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Academic Software Licence Template for England and Wales

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Key Requirements PROMPT example:

Academic Software Licence

"I need an Academic Software Licence for licensing our university's new data analysis software to three partner institutions, with specific provisions for PhD students to modify the source code and a requirement for attribution in academic publications."

What is a Academic Software Licence?

The Academic Software Licence is designed for situations where software needs to be licensed between academic institutions or to individual researchers for educational and research purposes. This agreement, governed by English and Welsh law, provides a framework for protecting intellectual property rights while enabling academic collaboration. It includes essential terms regarding usage rights, restrictions, warranties, and support obligations, ensuring compliance with UK legislation while facilitating academic research and teaching objectives.

What sections should be included in a Academic Software Licence?

1. Parties: Details of the licensor and licensee institutions

2. Background: Context of the software development and purpose of the licence

3. Definitions: Key terms used throughout the agreement

4. Grant of Licence: Scope and nature of the licence being granted

5. Permitted Uses: Specific allowed uses of the software in academic context

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

7. Term and Termination: Duration and termination provisions

8. Warranties and Liability: Extent of warranties provided and liability limitations

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

1. Data Protection: Required if software processes personal data - includes data processing obligations and compliance requirements

2. Export Control: Provisions governing international usage and compliance with export control regulations

3. Source Code Access: Terms and conditions for accessing and using the software source code

4. Maintenance and Support: Terms governing ongoing technical support and software maintenance

What schedules should be included in a Academic Software Licence?

1. Schedule 1 - Software Description: Technical specifications and functionality details of the licensed software

2. Schedule 2 - Licensed Users: Categories and definitions of permitted users within the academic institution

3. Schedule 3 - Usage Parameters: Specific terms of usage including any restrictions or limitations

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

5. Schedule 5 - Support Level Agreement: Detailed specifications of support services if provided

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Copyright, Designs and Patents Act 1988: Primary legislation governing software protection as literary work, moral rights, and assignment/licensing provisions in England and Wales

Data Protection Act 2018 and UK GDPR: Legislation concerning data protection obligations and requirements if the software processes personal data

Consumer Rights Act 2015: Relevant when software might be used by students who could be considered consumers, covering terms regarding quality and fitness for purpose

Patents Act 1977: Applicable legislation if the software includes patentable elements or innovative technical solutions

Computer Misuse Act 1990: Legislation covering security considerations and unauthorized access prevention requirements

Contract Law (Common Law): Common law principles governing contract formation, consideration, and terms and conditions in England and Wales

Competition Law: Laws governing restrictions on anti-competitive practices and territory restrictions in software licensing

Export Control Regulations: Regulations controlling the export of software and technology to other countries

Academic Institution Policies: Internal regulations, research funding requirements, and intellectual property policies specific to academic institutions

Open Source Obligations: Legal requirements and obligations if the software incorporates or interfaces with open source components

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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