Board of Trustees Manual

rendering services in connection with the Work (e.g., in the sale of software consisting of courseware and course content, a faculty member may not physically present the course at another institution or through another entity other than the College, except with permission). V. Royalty and Revenue Sharing Net Revenue Sharing. The College shall be entitled to share in revenue generated by sales of any Work outside of the College in the amount of five percent (5%) of the Net Revenues generated by such sales. “Net Revenues” shall be determined by subtracting from gross sales the costs of development, including attorney fees and accounting costs, together with costs of goods and marketing. The College shall be offered access to the books and records relating to the sales of the Works outside of the College at least once per year, together with such documentation of costs and expenses as the creator may wish to present or that the College requests. There is no requirement that the College exercise the right to access and review, and any to do so shall not constitute a waiver of any rights. Royalty payments shall be calculated on a quarterly basis and paid to the College within thirty (30) days following the quarterly report of sales and royalties due Title and Ownership. Title and ownership to the Works is unaffected by the revenue sharing provided in this Policy. Any transfer of ownership in any Works, direct or indirect (through stock transfers, etc.), shall not affect the right of the College to receive royalties, and notice of such transfers shall be given to the College (including name and address of all transferees). VI. Miscellaneous Provisions Use of College Name or College Marks. Use of the College’s name or the College's Marks in connection with a Work, other than by way of identification of the creator as a member of the faculty, staff, or student at the College, constitutes use of a valuable College asset, requiring separate prior specific written permission from the College. Use of the College’s name or the College's Marks can affect the reputation and academic standing of the institution and the value of the College’s Marks, and can constitute a misuse of a public resource in certain situations. Faculty, staff, and students may not participate in the creation or use of works that might give the impression of College sponsorship unless there is specific written permission from the College. Any uses of the College name or the College's Marks (other than to identify the creator by his or her title at the College) in connection with a Work created by a member of the faculty, staff, or consultant, or by a student, must be approved in in writing in advance by the College.

Documentation regarding Rights of Use; Ownership. The College and creators of works will cooperate in the execution of documentation that will establish and confirm

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