ComNet: Competences for Networking in European Education (134618-LLP-1-2007-AT-GRUNDTVIG-GMP) Copyright Agreement This agreement shall govern relations between: die Berater Unternehmensberatungs GmbH Wipplingerstrasse 32 / TOP 24-26 1010 Vienna Austria, hereafter named "the Coordinator", represented by Martin Röhsner, Managing Director, on the one hand, and Partner X Address Country, hereafter named "the Partner", represented by XY, (Function).
1. Subject This agreement regulates the rights of the Partner to use the following educational products developed and applied in the framework of the project ComNet: Competences for Networking in European Education (134618-LLP-1-2007-AT-GRUNDTVIG-GMP): • • • • •
ComNet project title and logo ComNet project website: www.networks-in-education.eu ComNet course design The Art of Networking ComNet Learning Management System (LMS) and online materials: http://comnet.q21.de/ ComNet publication Resource Pack for Networkers
For training and consultancy activities as long as these projects are consistent with the principles of the GRUNDTVIG project mentioned above. Any other use will need prior written consent of the Coordinator. The Coordinator will conclude similar agreements with the other members of the ComNet consortium.
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2. Specification The Co-ordinator and the Partner agree that the partner may use the ComNet products as follows: 2.1 ComNet project title and logo: The project title ComNet and the project logo have been developed by the Coordinator and remain his intellectual property. The Co-ordinator grants a non-exclusive license to the Partner to use this project title and the logo free of charge for purposes as mentioned in paragraph 1 during the term of this agreement. 2.2 ComNet project website: The Coordinator ensures that the website remains on-line for the duration of this agreement. 2.3 ComNet course design LMS and online materials: The ComNet course design, LMS and online materials The Art of Networking are the joint intellectual property of the ComNet partner institutions. The Co-ordinator holds the copyright on behalf of the project consortium. The ComNet partnership intends to organise one Grundtvig course per year. The courses will be held by teams of organisers and trainers from the partner institutions, probably in varying compositions. Consent on such courses has to be expressed by a majority vote of partners. The course design and online materials, or derivatives of these products, can be used by all partners for training or consultancy at national and European level with the obligation to mention the ComNet project and financing by the European Commission. The Coordinator must be informed of any derivative. The partner BUPNET will maintain the functionality of the ComNet LMS and online courses for the duration of this agreement. If the ComNet partners intend to use the ComNet LMS and online courses for further training activities a fee is to be paid to BUPNET for: • • •
Creating a new course environment Giving access to users (course participants and trainers) Giving technical support (helpdesk) to course participants and trainers
2.4. ComNet publication: The ComNet publication Resource Pack for Networkers and its respective language versions are the joint intellectual property of the authors and their institutions. The Co-ordinator holds the copyright on behalf of the project consortium. The publication or derivatives of it can be used by all partners for training or consultancy at national and European level with the obligation to mention the ComNet project and financing by the European Commission. The Co-ordinator must be informed of any derivative.
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3. Duration of the contract The agreement is concluded for 3 years, beginning with 1 November 2009. As long as there is no explicit renewal of this agreement in writing, it will end automatically on 31 October 2012. Specific EU project management training and consultancy activities that have been started before may be continued and finished even after that closing date. 4. Termination of the contract 1. The Co-ordinator may terminate the contract if the Partner has inadequately discharged or failed to discharge any of the contractual obligations, insofar as this is not due to force majeure, after notification of the Partner by registered letter has remained without effect for one month. 2. The Partner shall immediately notify the Co-ordinator, supplying all relevant information, of any event likely to prejudice the performance of this contract. 5 Jurisdiction clause Failing amicable settlement, the Courts of Vienna, Austria, shall have sole competence to rule on any dispute between the contracting parties in respect of this contract. The law applicable to this contract shall be the laws of Austria, whereby the applicability of the choice of law rules shall be precluded. 6. Miscellaneous The partner shall not be entitled to assign any rights and obligations to third parties without explicit approval of the Co-ordinator in writing. The Co-ordinator may not be held liable for any damages caused by actions or omissions of other partners of the consortium or by any contents of the courses, the website, the platform and the publication. The partner agrees to defend, indemnify and hold the Co-ordinator harmless in respect of legal proceedings and claims/liabilities resulting from acts or omissions of the partner in connection with the ComNet name, logo and/or materials. The provisions of this agreement shall always be interpreted in a way that is compliant with the principles of the GRUNDTVIG project. If any provision of this agreement should be invalid it shall be replaced, to the extent permitted by law or the regulations of the GRUNDTVIG-project, by such a provision as most closely reflects the economic intent of the invalid provision.
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7. Amendments or additions to the contract Amendments to this contract shall be made only in writing by a supplementary agreement signed on behalf of each of the parties by the signatories to this contract.
For the Contractor,
For the Partner,
Martin Rรถhsner, Managing Director
XXXXXXXXXX
The legal representative (name and function)
The legal representative (name and function)
[ signature ]
[ signature ]
[ date ]
[ date ]
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