Intellectual Property Policy


Background

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.

Software Distribution

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:

  1. The individual Party responsible for creating Software shall be responsible for releasing such Software consistent with the following license.

  2. All Software released will be continuously available through approved open-source distribution sites (e.g., GitHub, Sourceforge, Bitbucket, etc.).

  3. Any Party releasing Software must ensure that it has the necessary rights to do so.

  4. Any Party releasing Software must not include any 3rd party code requiring a license that is incompatible with the license provided herein.

  5. 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).

Patents

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.

Publications

Any publications produced by any Party funded in part by the CyVerse will include the following formal acknowledgement:

This material is based upon work supported by the National Science Foundation under Grant Nos. # DBI-0735191 and #DBI-1265383, the CyVerse. URL: www.cyverse.org

The Parties agree that the NSF Grant Proposal Guide, Chapter VI, Section J “Acknowledgement of Support and Disclaimer” will also apply to this subcontract. See Acknowledge and Cite CyVerse for more information.