Licence Agreement
Within the scope of the joint project "Knowledge Factory Computing Systemes" that was supported by the German Federal Ministry of Education and Research, 12 German universities have developed about 150 multimedia based teaching and learning modules on the basis of the XML-based document description language <ML>3 (Multidimensional LearningObjects and Modular Lectures Markup Language) as well as tools for authoring, maintenance and utilisation of the modules. The objective of this system is particularly the integrated realisation of both conventional face-to-face teachings such as usual in current universities, and virtual self learning via modules and courses that are provided online.
<ML>3 implements a multidimensional model for allowing the adaptation of the knowledge that shall be imparted to the specific teaching and learning situation. The language supports the realisation of consistent material for several target groups (teacher or learner), a varying depth of the subject matter (basic, advanced and expert module) as well as miscellaneous output media (e.g. slides for face-to-face teachings, an online version for self learners, an accompanying printable version). A wide variety of textual, structural and multimedia elements is available for the specification of module content. Furthermore, a flexible didactical concept is provided to impart the knowledge systematically.
Partially, a commercial uitilisation of the teaching and learning material implemented within the joint project is planned. The cooperation treaty between the universities regulates details concerning this matter, particularly special regulations for the partners of the joint project. A commercial utilisation of the description language <ML>3 and the associated software by the partners of the joint project is not intended.
§1 Scope of Use
This agreement applies to all components that are associated with the Multidimensional LearningObjects and Modular Lectures Markup Language (<ML>3), namely
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schema definitions for the specification of the <ML>3 data format, |
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stylesheet definitions specifying the transformation of <ML>3 documents into other formats, |
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as well as programs for the implementation, the maintenance and the utilisation of <ML>3 documents, |
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including their documentation, |
as far as this is not regulated by other terms. In the following, these components as a whole are called <ML>3 framework.
§2 Contractual Partners
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The University of Rostock owns the rights, particularly the copyright, concerning the <ML>3 framework and therefore acts as the licensor within this agreement. |
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Licencees are private individuals, companies, institutions or other legal persons in terms of public law who have accepted the regulations of this agreement by their consent and thus get a right of use characterised in the following. |
§3 Ways of Utilisation
The licensor grants a worldwide, non-exclusive and non-transferable right of use to the licensee that is defined below:
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The utilisation of the <ML>3 framework or its parts for the creation of own documents is for free. The licensee retains all ermerging rights concerning these documents. Seperate conditions apply to the licencing of <ML>3 based teaching and learning modules and courses respectively that are provided by the servers of the University of Rostock or one of its contractual partners. |
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The licensor grants a right of placing the <ML>3 documents developed according to §3 (1) on the servers of the University of Rostock or one of its contractual partners to the licensee in principle. This right just exists if there are no abstract reasons such as absence of sufficiant finiancial and personell capacities on the part of server providers that are opposed to the right“s performance. In case of the existence of such reasons, obligations of the server providers will be negated. |
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The maintenance and non-commercial utilisation of <ML>3 documents developed according to §3 (1) under use of the <ML>3 framework for the purposes of research and teachings is for free. A prior stipulation in written form is required if access to the <ML>3 framework or its parts is set up via the internet. |
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The modification of the <ML>3 framework or its parts is not permitted. Only an adaptation of components according to §1 (2) for the purpose of meeting the corporate design of the licensee represents an exception of the term above. |
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The extension of the <ML>3 framework or its parts for the purpose of scientific research is for free but needs the prior acceptance of the licensor in written form. The origin of the <ML>3 framework and its components respectively has to be documented in an adequate manner. |
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Any commercial utilisation of the <ML>3 framework or its parts is liable for costs and requires the prior acceptance of the licensor in written form. In this case, a seperate arrangement has to be made. |
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The utilisation of the <ML>3 framework or its parts is restricted to the computing equipment of the licensee, to its accomodation and to its employees. |
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An utilisation of the <ML>3 framework or its parts on the way of remote data transmission is not included and requires a seperate arrangement. |
Further rights of use do not exist.
§4 Assignment
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The licensee is not allowed to make available the <ML>3 framework or its parts to a third party on approval or for utilisation. |
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If the <ML>3 framework or its parts are made known to a third party or are presented in their functioning individually or in combination with other software systems within the scope of scientific work, their origin has to be documented in an adequate manner. |
§5 Non-Compliance
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Every infringement of one or several of these terms, conditions or provisions by the licensee is a non-compliance. |
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The licensor reserves the right to impose a contractual penalty in the amount of up to 5000 Euro particularly in the case of non-compliances with the aim or the result of a commercial advantage for the licensee after reviewing the kind and heaviness of breach. |
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The proof of a higher loss is reserved to the licensor. |
§6 Term
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The granting of the rights of use defined in §3 takes place for an indefinite period as far as it is not regulated otherwise in individual cases. |
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Every infringement of one of the regulations made in this agreement causes an immediate and irrevocable termination of the rights of use. |
§7 Limited Warranty and Liability
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The <ML>3 framework is provided "as is" without warranty of any kind. |
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The licensor is not responsible for possible negative effects or damages inflicted to the licensee by use of the <ML>3 framework. |
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The licensee indemnifies the licensor from all warranty and liability claims. |
§8 Conclusion of the Agreement
The licensee affirms his acceptance to this agreement by clicking the "Accept" button. Thus a contract with the licensor is placed.
§9 Severability
In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
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