Abstract
This document outlines the licence terms for the AEShareNet-E Licence
Protocol.
Contents
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Purpose of Licence Protocol
End-user Licence. Suited to software,
learning objects or other commoditised products, to be used by Licensee -
but not supplied to the public. Material Registration may list multiple deliverables;
Licensor selects quantity of each Item. Conditions of a Licence deliverable
may be customised in Item Description.
Part A: Protocol Control Information
Licence Regime
AEShareNet-E
Version
02
Licence Mark
AEShareNet-E Licence Mark as depicted at:
http://www.aesharenet.com.au/E
Status
Part B: Conditions of Licence
The Licence - Main Particulars
Licensed Material:
Material as as specified in the Material Registration,
including relevant Item Description.
Licence period:
Provision of Licensed Material:
Licensed Material to be provided by Licensor in format,
quantity and timeframe selected by the Licensee as part of Acceptance. See
under 'Licence Fee, Deliverables and Pricing' below.
Warranty:
Licensor warrants that they are entitled to grant
Licence and that Licensee's exercise of the Licence will not infringe third
party rights, including copyright and performers' rights.
Territory:
Everywhere, except where specified in relevant Item
Description.
Scope:
Licensee may exercise:
- User Rights;
- Copying Rights;
- limited Development Rights,
subject to relevant Item Description.
Licensee may not Supply or Sub-license the Licensed Material.
Interpretation of Licence Conditions:
The Licence is construed in accordance with the
Glossary.
The Licensee (if not a Member) undertakes to abide by the Charter as if they
are a Member, including the provisions relating to resolution of disputes.
Special Conditions:
The Licensor may specify additional conditions of
a Licence in relevant Item Description.
User Rights and making of Copies
User Rights:
User Right is subject to relevant Item Description.
Copying Rights:
Copies permitted only in accordance with relevant
Item Description.
Original Metadata (including AEShareNet-E Licence Mark) must be retained.
Development Rights (making of Derivatives)
Edited Version:
Edited Versions permitted only in accordance with
relevant Item Description.
There is no fresh layer of copyright so ownership issues do not arise.
Original Metadata (including AEShareNet-E Licence Mark) must be retained,
to the extent appropriate.
Enhancements:
Enhancements permitted only in accordance with relevant
Item Description.
Copyright Consolidated with original owner.
Original Metadata (including AEShareNet-E Licence Mark must be retained,
to the extent appropriate.
Supplementary Work:
Supplementary Work permitted.
Vetting not required.
Copyright Partitioned. Metadata as above for included Material. Licensee applies
own Copyright Statement to Supplementary Work.
Compilation:
Inclusion in Compilation permitted. Vetting not required.
Copyright Partitioned. Metadata as above for included Material.
Licensee applies own Copyright Statement to Compilation as a whole.
Moral Rights
Moral Rights of authors:
Licence excludes any act which would constitute an
infringement of a Moral Right of the author(s). Licensee should make own judgments
and obtain any consent that may be necessary.
Economic Rights
Supply Rights:
The Licensee is an End-user and is not permitted to
Supply the Material to a Third Party.
Supply Mode:
Not applicable
Sub-licensing Rights:
The Licensee is an End-user and is not permitted to
Sub-license the Licensed Material.
Sub-licensing Use is not necessary as anyone is entitled to take out a Licence
directly.
Purpose:
Not applicable. The Licensed Material may not be Supplied
and/or Sub-licensed.
Remuneration
Licence Fee, Deliverables and pricing:
Aggregate Fees as calculated from data entered during Registration and
Acceptance, consisting of Item Entries substantially in the following form:
<Item Description and conditions> @ <Rate (A$) per Item> * <Quantity>
= <Subtotal> <Licensee Data>
...or...
Licensor to specify Licence Fee:
$_______
Royalties:
Royalties calculated from formula entered during Registration
and Acceptance, and quantities declared in Royalty Report. Process uses substantially
the following structure:
<Royaltiable Activty> @ <Rate (A$)> per <Unit> * <Quantity>
= <Subtotal> <Condition/comment>
Accounting And Reporting:
Last Reporting Date
Licensor to specify end date of last Accounting
Period for which a Report and Royalties are due.
Part C: Licence Operation
Extending a Licence
Licensor:
Any AEShareNet Member who is the owner of
copyright in the Licensed Material, or otherwise entitled to grant the Licence.
Mandatory Requirements:
The Licensor Registers the Material at the AEShareNet
Website, specifying the AEShareNet-E Licence Regime.
Checkboxes and customisable details (including Item Description for each Deliverable)
must be completed as appropriate.
Guidelines:
The Licensor may apply - within, on or in relation
to Copies of the Material:
- a Copyright Statement
- the AEShareNet-E Licence Mark; and/or
- a URL link to the Material Registration at the AEShareNet website.
Accepting the Licence
Who can accept a licence:
Any person, whether an AEShareNet Member
or not.
Mechanism for acceptance:
Mediated through the AEShareNet licensing system.
Material Registration is a complete offer, open for Acceptance. Acceptance
recorded on the AEShareNet licensing system.
Commencement:
Immediately upon Acceptance as above.
Managing the Licence
Varying the Licence:
Must be mediated through the AEShareNet licensing system.
Terminating the Licence:
Must be mediated through the AEShareNet licensing system.
Assigning the Licence:
Only by agreement in writing between the parties.
Cannot be mediated through the AEShareNet licensing system.
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