This Agreement between THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY ("Stanford"), an institution of higher education having powers under the laws of the State of California, and ___________ ("Licensee"), a entity having a principal place of business at ____________, is effective on the ____ day of _____, 20____ ("Effective Date").
Background:
Stanford has an assignment of copyrighted content developed over 20 years of research for the training of program leaders and of trainers in the area of self-management of chronic conditions. Content includes methodologies, strategies, and structure for successful chronic disease management that has been validated and shown efficacy. It is entitled “[Name of Self-Management Program],” was invented in the laboratory of Dr. Kate Lorig, and is described in Stanford Docket [Docket number]. Stanford wants to have the content reproduced and distributed for public use and benefit.
The Parties agree as follows:
Stanford University grants [Licensee] permission to use the [Name of Self-Management Program] ("Program") for its internal educational and research purposes. Internal educational purposes are limited to training given by Licensee’s employees and volunteers. Volunteer is defined as an individual who is not compensated by any organization for the time to give, administer or facilitate the Program. [Licensee] may not use the Program except as expressly described in this agreement.
The term of this permission will be for three years from the effective date of the Agreement.
In consideration of the permission granted above, [Licensee] agrees to pay $_____ USD upon signing this Agreement. Based on this payment, [Licensee] may give up to ____ workshops. Licensee may give additional workshops by paying the difference per the schedule in Paragraph 3 below.
[Licensee] agrees to make written reports yearly on the anniversary of this Agreement to Stanford detailing Licensee’s dissemination of the Program. Specifically Licensee will report the number of workshops given, the dates of the workshops and identify the leaders of each workshop, and the number of attendees for each workshop. If [Licensee] has trained any Leaders, [Licensee] will also submit the names and e-mail addresses of each new leader. If Licensee has given more workshops than provided for under the original License, Licensee will remit the appropriate payment along with the report. The fee schedule is as follows;
Standard Non-Profit Community Organization License for up to 10 workshops - $500;
Standard Non-Profit Community Organization License for up to 20 workshops - $800;
Standard Non-Profit Community Organization License for up to 30 workshops - $1,000;
In excess of 30 workshops, you must submit the report and describe the types of dissemination and the Office of Technology Licensing will negotiate an agreement appropriate to the dissemination efforts of your group.
Organizations not falling under the above, such as state governments or for-profit organizations, must submit a report that describes the organization and types of dissemination and the Office of Technology Licensing will negotiate an agreement appropriate to the organization.
[Licensee] may not create derivatives of the Program without the express written permission of Stanford. [Licensee] may not otherwise commercially exploit the Program or any material derived from or based upon the Program.
[Licensee] agrees to contact Stanford University for permission to reproduce or distribute the Program or any material derived or adapted from the Program for any use not specifically granted in this Agreement.
If [Licensee] wants to collaborate with another organization to offer training, Program materials, or any other use of the Program, [Licensee] should contact Stanford to ensure that the intended use is permitted and the organization has been licensed.
9. When working with any other organizations, [Licensee] will use these questions to help determine if the other organizations need a license:
Was the training for the leaders of this workshop supplied by the [Licensee]?
Is (are) the T-Trainers, Master Trainers or Leaders Employees or Volunteers of the [Licensee]?
Is [Licensee]’s name and/or logo on all advertising and materials?
Are the names of all participants sent to [Licensee]?
Is [Licensee] responsible for quality control and liability for this workshop?
If [Licensee] has answered "No" to any of these questions, the organization needs to obtain a license to this Program. To obtain a license contact Stanford University, Stanford Patient Education Research Center at 1000 Welch Road, Suite 204, Palo Alto CA 94304, Phone: (650) 723-7935, http://patienteducation.stanford.edu.
The permission granted in this License Agreement extends only to the 2006 version of the Program and not to any subsequent versions of the Program.
[Licensee] agrees that any prior License Agreements or Permissions to use, distribute, reproduce and perform any portions of the Program or any previous versions of the Program are hereby terminated and superseded in the entirety by this License Agreement. Both parties agree that no further rights or obligations survive from such superseded License Agreements or Permissions.
Stanford University may terminate this Agreement immediately upon written notice to [Licensee] in the event [Licensee] or any [Licensee] personnel uses, discloses or reproduces the Program materials in any manner not permitted by this Agreement. Stanford may also terminate this Agreement if Licensee is in breach of any clause or fails to submit reports.
[Licensee] will use the Program at its own risk, and Stanford does not represent that the Program is accurate or up-to-date. Stanford University will have no liability to [Licensee] or to any third party as a result of its use of the Program, and [Licensee] will indemnify and hold Stanford University harmless from any claims related to [Licensee]’s use of the Program.
This license has been designed to be printed and submitted as is. It has been greatly simplified and has been written using plain English language with as little legalese so as to be understood by the lay person. The low cost and volume of these licenses make it impossible for us to negotiate special clauses for each organization. If your organization needs custom agreement, the cost of the license will increase by a minimum of $1,000 USD.