Terms and conditions for sharing IGNOU learning packages
1. A user university may use the IGNOU material in any of the following ways:
(i) Bulk Purchase
(ii) Acquisition of Reproduction Rights
(iii) Acquisition of Adaptation Rights
(iv) Acquisition of Translation Rights
(v) Acquisition of Reproduction Rights of Translated Study Materials (Translated by AnotherUniversity/Institute)
2. Bulk Purchase: It is suggested that the user university may make a bulk purchase of the materialif the requirements of copies is less than 1000. The following terms and conditions shall beapplicable for the bulk purchase of the IGNOU material:
(a) The user University has to indent the required number of copies of specified coursematerial at least six months in advance.
(b) The order size under the bulk purchase modality shall be limited in range of 500-1000 setcopies of the said course. The IGNOU study material shall be available in complete set ofblocks for an identified course. The blocks/units shall not be retailed in parts for thespecified course.
(c) The User University shall place order indicating the course details, course title, coursecode, the requisite quantity for each title, etc. The user university shall confirm the orderon IGNOU Proforma Invoice. The payment shall be made in advance through Bank
Demand Draft in favour of IGNOU, New Delhi. The details of price for each course andterms & conditions are specified in the price catalogue of the IGNOU. The Universityreserves the right to change the price of its material and the amount will be chargedaccording to price notified on the date.
(d) The IGNOU shall offer 25% institutional discount to State Open Universities/ andCorrespondence Course Institutes (CCI's) of the conventional universities. The IGNOUhas the right to change the amount of discount allowed and this shall be governed as perthe policies of the IGNOU.
(e) The indenting University/user University shall bear the cost of transportation, insurance,
packaging and forwarding, etc. Consignments shall be booked on request for out-stationon 'To pay' basis. Delay in taking delivery of the consignments and resultant loss of any kind shall be born by the consignee.
(f) The user university can make their own arrangement of packaging and transportation ofthe material. In such cases the material will be handed over at the gate of MPDD,IGNOU, Maidan Garhi, New Delhi.
(g) Goods once supplied in accordance with the order, under no circumstances will be taken back/exchanged.
(h) The Validity of the bulk-purchase right shall be for three years from the date ofagreement. The renewal of the reproduction right shall be made after clearance of pastdues.
3. Acquisition of Reproduction Rights : It is recommended that the university may go for the reproduction rights if the requirement is more than 1000 copies. The user University may acquire reproduction rights under which it may print the required numbers of copies for use by its students with the following terms and conditions:
______________________________________________________________________________________
Note: Send an agreement on Non-Judicial Stamp Paper of Rs. 100/- for processing to the Director, Planning and Development Division, IGNOU, Maidan Garhi, New Delhi – 110 068. Each page of the agreement should be signed by the Registrar of the User University.
(a) IGNOU will supply a hard copy of each block printed by IGNOU to be used by the user university as a copy for further processing and printing at the cost borne by the concerned university.
(b) No change in the text, including the cover pages shall be made by the user university when it is reprinted except for the following:
(i) The print line, mentioning the name of the press where it has been printed should be substituted by another print line giving the name of the press where it is reprinted.
(ii) Due acknowledgement must be made, that the permission to reprint is given by IGNOU, at a prominent place in each copy of the booklet.
(iii) The updating of data and/ or error rectification as an addendum/errata on a separate sheet with prior permission of IGNOU.
(iv) Printing of logo of the user university in addition to the logo of IGNOU.
(c) Without the prior permission of IGNOU, no translation of the material into any other language is permissible.
(d) The user university, while reprinting the material shall ensure that the print quality of the material is as per standards of the IGNOU study material in respect of quality of paper used, quality of printing, cover page printing ,etc.
(e) The user university shall pay to IGNOU 15% of the course/programme fees collected every year by the user University for the programmes for which the IGNOU material is used.(f) The fee collected from the students for the said programmes should not be less than the fee charged by the IGNOU. In case the user institute is charging fee less than that of IGNOU, IGNOU’s fee should be taken as a basis for calculating the fee to be paid by the user institute.
(g) Fifty percent of the amount of royalty shall be paid in advance through Bank Demand Draft in favour of IGNOU payable at New Delhi at the time of print order given by the user university.
The balance amount of License fee shall be paid by the Licensee University within two months of the commencement of the academic session
(h) The validity of the reproduction right shall be for three years from the date of agreement. The renewal of the reproduction right shall be made after clearance of past dues.
(i) The user university, while using the printed instruction material of IGNOU, may use alongwith it the supportive audio-video cassettes prepared by IGNOU which are available on sale with the agencies authorized by IGNOU.
4. Adaptation: It is recommended that the University may go for adaptation modality if the time available for introducing the course is sufficient. The user University may adapt the IGNOU study material with following terms and conditions:
(a) The user university will specify the extent and purpose for which it proposes to adapt the IGNOU material.
(b) The adaptation right will be granted subject to payment of royalty as mentioned in case of "acquisition of reproduction right" and the other conditions mentioned thereof. The exact amount of royalty will be worked out on the basis of proportion of material used.
(c) The terms and conditions of adaptation shall be decided by the committee consisting of members of the IGNOU and representative of User University.
5. Translation: It is recommended that the University may go for translation mode if the time available for introducing the course is sufficiently large. It involves development of text in the specified language and printing of the translated text. The user university may acquire the licensee for translation of IGNOU study material of full course with the following terms & conditions:
(a) IGNOU will supply to the user university a hard copy of each block printed by IGNOU to be used by the user university as a copy for translation and printing of the translated copy. The processing and printing of the translated manuscript shall be made by User University concerned.
(b) The user university shall ensure that the translated materials are authentic and that they are faithful to the original text. For this purpose, the user university may provide a list of translators who could be assigned the translation work and the IGNOU will advise the user university about the suitability of the proposed translators. The user university shall agree to get the work done by the translators accepted by IGNOU.
(c) Translated material shall be submitted to IGNOU for vetting to ensure the authenticity of the translation before the material is printed.
(d) No change in the subject matter/text whatsoever shall be made by the user university when it is translated except for the following:
(i) The print line, mentioning the name of the press where it has been printed should besubstituted by another print line giving the name of the press where it is printed.
(ii) Due acknowledgement must be made, that permission to translate and to print is given by IGNOU, at a prominent place in each copy of the book-let.
(iii) Printing of the logo of the user university in addition to the logo of the IGNOU.
(iv) The names of the translators and the persons involved in the Printing process may be included in the cover page.
(v) Without the prior permission of IGNOU, no translation of the material into any other than the one specified language is permissible. The translated manuscript should not beprinted without getting the translated manuscript approved by IGNOU. The useruniversity may take permission as deemed to be granted in absence of no response withintwo months from the IGNOU to the User University.
(vi) The user university, while printing the translated material shall ensure that the printquality of material is as per standards of the IGNOU Study material in respect of qualityof paper used, quality of printing, cover page printing, etc.
(vii) The user university shall pay to IGNOU the royalty charges i.e 10% of thecourse/programme fees collected every year by the user University in proportion to theIGNOU material translated. The royalty charges shall be paid through Bank Demand Draft in favour of IGNOU payable at New Delhi.
(viii)The fee collected from students for courses should not be less than the fees charged by IGNOU. In case the user institute is charging fee less than that of IGNOU, IGNOU’s fee should be taken as a basis for calculating the fee to be paid by the user institute.
(ix) The user university, while using the printed instructional material of IGNOU bytranslating may use along with it the supportive audio-video cassettes prepared byIGNOU which are available on the sale with the agencies authorised by IGNOU.
(x) The validity of the translation right shall be for three years from the date of agreement.
The renewal of the translation right shall be made after clearance of past dues.
6. Acquisition of Reproduction Rights of Translated Materials (Translated by another
University/Institute): The user University may acquire reproduction rights of translated material, translated by another University (under tripartite agreement) under which it may print the requirednumber of copies for use by its students with the following terms and conditions:
(a) The University/Institute which translated the material will supply a hard copy of each block printed by that University/Institute to be used by the user university (first party) as a copy for further processing and printing at the cost borne by the concerned user university.
(b) No change in the text, including the cover pages shall be made by the user university when it
is reprinted except for the following:
(i) The print line, mentioning the name of the press where it has been printed should be
substituted by another print line giving the name of the press where it is reprinted.
(ii) Due acknowledgement must be made, that the permission to reprint is given by IGNOU and University/Institute that translated the material, at a prominent place in each copy of the booklet.
(iii) The updating of data and/ or error rectification as an addendum/errata on a separate sheet
with prior permission of IGNOU and University/Institute that translated the material.
(iv) Printing of logo of the user university in addition to the logo of IGNOU andUniversity/Institute that translated the material.
(c) Without the prior permission of IGNOU, no translation of the material into any otherlanguage is permissible.
(d) The user university, while reprinting the material shall ensure that the print quality of the material is as per standards of the IGNOU study material in respect of quality of paper used, quality of printing, cover page printing ,etc.
(e) The user university shall pay to 15% (10% to IGNOU and 5% to the University/Institute that translated the material) of the course/programme fees collected every year by the user University for the programmes for which the IGNOU material is used.
(f) The fee collected from the students for the said programmes should not be less than the fee
charged by the IGNOU. In case the user institute is charging fee less than that of IGNOU,
IGNOU’s fee should be taken as a basis for calculating the fee to be paid by the user institute.
(g) Fifty percent of the amount of royalty shall be paid in advance through Bank Demand Draft in favour of IGNOU payable at New Delhi at the time of print order given by the user university.
The balance amount of License fee shall be paid by the Licensee University within two
months of the commencement of the academic session. Similarly, payment shall be paid to the University/Institute that translated the study material.
(h) The validity of the reproduction right shall be for three years from the date of agreement. The renewal of the reproduction right shall be made after clearance of past dues.
(i) The user university, while using the printed instruction material of IGNOU, may use alongwith it the supportive audio-video cassettes prepared by IGNOU which are available on sale
with the agencies authorized by IGNOU.
2) AGREEMENT FOR BULK PURCHASE
An agreement is made on --------------- day of -----------(Month) ------------ (Year) between the-----------------------------------(Complete name and address of the concerned State Open
University/Correspondence Course Institute of Conventional Universities) represented by the Registrar of the said university (hereinafter called "The Licensee" and this expression shall include his successors and assignee) on the one part, and the Indira Gandhi National Open University, Maidan Garhi, New Delhi 110 068, represented by the Registrar of IGNOU (hereinafter called IGNOU and this expression shall include his successors and assignee) on the other part.
Whereas the licensee wishes to make use of the printed instructional material of IGNOU designed for the various courses by way of bulk purchase and supplying them among the students for the coursesoffered by the licensee, and IGNOU has the right to grant licence for such purposes.
NOW IT IS HEREBY AGREED AS FOLLOWS:
(i) The licence is a licence to use the instructional material of IGNOU, as specified in the sub-clause (ii)of the agreement, in the courses/ programmes offered by the licensee, for an initial period of three years, from the date of this agreement.
(ii) The licensee has been granted licence for bulk purchase of following IGNOU published material for distribution and sale among its enrolled students, and copies of these material forms the partand parcel of the agreement document:
1. Name of the Programme:
S.No Course code Course Title No of Blocks Medium
2. Name of the Programme:
S.No Course code Course Title No of Blocks Medium
3. Name of the Programme:
S.No Course code Course Title No of Blocks Medium
(iii) The following terms and conditions govern the licence hereby granted:
(a) The Licensee University shall indent the required number of copies of specified course material at least six months in advance.
(b) The order size under the bulk purchase modality shall be limited in range of 500-1000copies of the said course. The IGNOU study material shall be available in complete set ofblocks for an identified course. The blocks/units shall not be retailed in parts.
(c) The Licensee shall place order indicating the course details, course title, course code,language in which the instructional material is required and the requisite quantity for eachtitle, etc. The user university shall confirm the order on IGNOU Proforma Invoice. Thepayment shall be made in advance through Bank Demand Draft in favour of IGNOU,
payable at New Delhi. The details of price for each course and terms & conditions arespecified in the price catalogue of the IGNOU, and a copy of the same is annexedherewith. IGNOU reserves the right to change the price of its material and the amountwill be calculated according to price notified on the date.
(d) The IGNOU shall allow 25% institutional discount to the licensee on the pricesmentioned in the catalogue. The IGNOU has the right to change the rate of discountallowed and this shall be governed as per the policies of the IGNOU. This informationthereof shall be given to the licensee at the time of change.
(e) The licensee University shall bear the cost of transportation, insurance, packaging andforwarding, etc. The consignments shall be booked on request for out-stationdestinations on "To pay" basis. Delay in taking delivery of the consignments andresultant loss of any kind shall be born by the Licensee.
(f) The licensee may make its own arrangement of packaging and transportation of thematerial. In such cases the material will be handed over at the gate of MPDD, IGNOU,Maidan Garhi, New Delhi.
(g) Goods once supplied in accordance with the order, under no circumstances will be taken back/exchanged.
(h) The licensee shall not sell the IGNOU material to other than the enrolled students of the licensee university.
(i) The licensee, while using the printed instructional material of IGNOU, may use along-with it the supportive audio-video cassettes prepared by IGNOU which are available on sale with the agencies authorized by IGNOU.
(iv) Any breach of this Agreement shall, at the IGNOU's discretion, render the licence null and void.
In such circumstances, the licensee shall destroy all copies made and submit a certificate of such destruction to IGNOU.
(v) IGNOU reserves the right to insist on the audited statement of the accounts of the licensee, so as to ascertain the amount of fee collected for the concerned course/programme.
(vi) Copy rights in respect of the material sold are reserved with the IGNOU.
(vii) The dispute shall be subject to the jurisdiction of Delhi courts only.
Signature for and on behalf of IGNOU
REGISTRAR, IGNOU
Signature for and on behalf of licensee
REGISTRAR, ------------------------------------------------------------
(STATE OPEN UNIVERSITY/CONVENTIONAL UNIVERSITY)
Witness: (with name and address in reference to IGNOU)
1.
2.
Witness: (with name and address in reference to Licensee University)
1.
2.
3) AGREEMENT FOR ACQUISITION OF REPRODUCTION RIGHTS
An agreement is made on --------------- day of -----------(Month) --------------------- (Year)between------------------------------------- (Complete name and address of the concerned State OpenUniversity/Correspondence Course Institute of conventional university) represented by the Registrar of theuniversity( hereinafter called "The Licensee" and this expression shall include his successors and assignee)on the one part, and the Indira Gandhi National Open University, Maidan Garhi, New Delhi 110 068,
represented by the Registrar of the IGNOU (hereinafter called IGNOU and this expression shall include hissuccessors and assignee) on the other part.
Whereas the licensee wishes to make use of the printed instructional material of IGNOU designedfor the various courses by way of acquisition of reproduction rights and supplying them among the studentsfor the courses offered by the licensee, and IGNOU has the right to grant licence for such purposes.
NOW IT IS HEREBY AGREED AS FOLLOWS:
(i) The licence is a licence to use the instructional material of IGNOU, as specified in the sub-clause(ii) of this agreement, for use in the courses/ programmes offered by the licensee, for an initialperiod of three years, from the date of this agreement.
(ii) IGNOU hereby grants to the Licensee acquisition of reproduction rights of the following IGNOUmaterial for use of the reproduced material among the enrolled students of the Licensee Universityonly, and a copy each of these material forms the part and parcel of this agreement document:
1. Name of the programme:
S .No Course Code Course Title No of Blocks Medium
2. Name of the programme:
S. No Course Code Course Title No of Blocks Medium
3. Name of the programme:
S. No Course Code Course Title No of Blocks Medium
(iii) The following terms and conditions govern the licence hereby granted:
(a) The licensee shall seek the reproduction rights of a complete course material. Thereproduction right shall not be applicable for a block and /or unit. The IGNOU willsupply to the licensee a hard copy of all the blocks of the said course printed by IGNOUto be used by the licensee as a copy for further processing and printing at the cost to beborne by licensee concerned.
(b) No change in the text, including the print cover page, shall be made by the licensee whenit is reprinted except for the following:
(i) The print line, mentioning the name of the press where it has been printed shouldbe substituted by a print line giving the name of the press where it is reprinted.
(ii) Due acknowledgement must be made, of the permission to reprint given byIGNOU, at a prominent place in each copy of the book.
(iii) The updating of data and /or error rectification as an addendum/errata on aseparate sheet with prior permission of IGNOU.
(iv) Printing of the logo of the licensee in addition to that of IGNOU.
(c) No translation of the material into any other language shall be permissible under thisagreement. The licensee may go for a separate agreement in case it intends to translatethe material.
(d) The licensee, while reprinting the material shall ensure that the print quality of thematerials is as per standards of the IGNOU study material in respect of quality of paperand printing, cover printing, etc.
(e) The licensee shall pay to IGNOU the "Licence fee" for using its material. The amount ofLicence Fee shall be equivalent to 15% of the course/programme fees collected everyyear by the Licensee University for the programmes for which the IGNOU material isused. The average proportionate course fee shall be calculated on the basis of the totalannual programme fee and total number of courses required to be cleared by a studentenrolled under the IGNOU programme structure. The programme structure along withthe requisite courses and blocks, as prescribed by the IGNOU, is given in schedule Ienclosed herewith. The IGNOU has the right to change the amount of Licence fee and
this shall be governed as per the policies of the IGNOU on the date.
(f) The fee collected from the students for the said programmes should not be less than thefee charged by the IGNOU as per schedule II annexed herewith. In case the user instituteis charging fee less than that of IGNOU, IGNOU’s fee should be taken as a basis forcalculating the fee to be paid by the user institute.
(g) The Licensee University shall pay to IGNOU, fifty percent of the amount of Licence Feein advance, through Bank Demand Draft in favour of IGNOU, payable at New Delhi, atthe time of print order given by the Licensee University. The balance amount of Licence
fee shall be paid by the Licensee University within two months of the commencement ofthe academic session through Bank Demand Draft in favour of IGNOU payable at New
Delhi . The print order given by the licensee university shall be taken as the number ofstudents enrolled in that programme for the following academic year. The LicenseeUniversity shall also give the copy of print order given to the printer to IGNOU forpurpose of determining the total amount of advance as licence fee. A copy of the feestructure announced by the Licensee University shall also be given to IGNOU. The
Licensee University shall periodically inform its annual enrollment for the said course.
(h) The licensee, while using the printed instruction material of IGNOU, may use along-withit the supportive audio-video cassettes prepared by IGNOU which are available on thesale with the agencies authorized by IGNOU.
(iv) Any breach of this Agreement shall, at the IGNOU's discretion, render the licence null and void.
In such circumstances, the licensee shall destroy all reprint copies made and show proof of suchdestruction by submitting to IGNOU a certificate of destruction; and refrain from making use ofthe reproduced material.
(v) The licence shall be terminated, if it is found, that the licensee university is not using the licencefor the given purpose i.e. use of the reproduced material among its enrolled student only.
(vi) The licence shall be terminated, if it is found, that the licensee university in connivance with theprinter is selling the material in the market or making the material available to other than theenrolled students of the Licensee University.
(vii) At the expiry of the term of this licence/at the termination of the licence, the licensee shall eitherreturn or destroy the material. The licensee university shall not use the reproduced material forany purpose in any manner, and if it is found that the licensee is using the material after the expiryperiod, the appropriate recourse to a court of law shall be taken.
(viii) IGNOU reserves the right to insist on the audited statement of the accounts of the licensee, so as toascertain the amount of fee collected for the concerned course/programme.
(ix) Copy rights in respect of the concerned course material are reserved with the IGNOU.(x) The dispute shall be subject to the jurisdiction of Delhi courts only.
Signature for and on behalf of IGNOU
REGISTRAR, IGNOU
Signature for and on behalf of licensee
REGISTRAR, ------------------------------------------------------------
(STATE OPEN UNIVERSITY/CONVENTIONAL UNIVERSITY)
Witness: (with name and address in reference to IGNOU)
1.
2.
Witness: (with name and address in reference to Licensee University)
1.
2.
4) AGREEMENT FOR ACQUISITION OF ADAPTATION RIGHTS
An agreement is made on --------------- day of -----------(Month) ----------------------(Year) betweenthe--------------------(Complete name and address of the concerned university State Open University)represented by the Registrar of the said university(hereinafter called "The Licensee" and this expressionshall include his successors and assignee) on the one part, and the Indira Gandhi National Open University,
Maidan Garhi, New Delhi 110 068, represented by the Registrar of the IGNOU (hereinafter called IGNOUand this expression shall include his successors and assignee) on the other part.
Whereas the licensee wishes to make use of the printed instructional material of IGNOU designedfor the various courses by way of adaptation and supply them among the students for the courses offered bythe licensee, and IGNOU has the right to grant licence for such purposes.
NOW IT IS HEREBY AGREED AS FOLLOWS:
(i) The licence is a licence to use the instructional material of IGNOU, as specified in the sub-clause(ii) of this agreement, in the courses/ programmes offered by the licensee, for an initial period ofthree years, from the date of this agreement.
(ii) IGNOU hereby grants licence to the licensee for the adaptation of the following IGNOU publishedmaterial for use of the adapted material among the enrolled students of the licensee universityonly, and a copy of these material are the part and parcel of this agreement document:
1. Name of the programme:
S .No Course Code Course Title Blocks
2. Name of the programme:
S. No Course Code Course Title Blocks
3. Name of the programme:
S. No Course Code Course Title Blocks
(iii) The following terms and condition govern the licence hereby granted:
(a) The licensee shall seek the adaptation rights of a block/blocks of the specified course material. The adaptation right shall not be applicable for a unit and / or a chapter. Theminimum unit shall be block for the purpose of adaptation. IGNOU will supply to thelicensee a hard copy of each block printed by IGNOU to be used by the licensee as areference copy for adaptation. The licensee university will specify the number of IGNOU
printed blocks it proposes to adapt for the said course. The licensee shall also provide apanel of experts who could be coordinating the work. The processing and printing of theadapted manuscript shall be made by licensee concerned at its own cost.
(b) The updating of data and /or error rectification as an addendum/ errata on a separate sheetmay be made with prior permission of the IGNOU.
(c) Due acknowledgement must be made, of the permission to adapt and to print given by IGNOU, at a prominent place in each copy of the book-let
(d) The licensee shall ensure that the text of the adapted material is faithful to the originaltext. The adapted manuscript should not be printed without getting the manuscriptapproved by IGNOU.
(a) The licensee university shall pay the "Licence fee" to IGNOU for using its material. Theamount of licence fee shall be equivalent to the 15% of the course/programme feecollected every year by the Licensee University for adaptation of the full course material.
If material is partially adapted, the Licence fee shall be charged proportionately. Theaverage course fee shall be calculated on the basis of the total annual programme fee andtotal number of courses and corresponding number of blocks required to be cleared andstudied by a student enrolled under the IGNOU programme structure. The programmestructure along with the courses and blocks prescribed by IGNOU is given in schedule Iannexed herewith. The IGNOU has the right to change the amount of Licence fee and this shall be governed by the policies of the IGNOU on the date.
(b) The fee collected from students for courses should not be less than the fees charged byIGNOU as per schedule II annexed herewith. In case the user institute is charging feeless than that of IGNOU, IGNOU’s fee should be taken as a basis for calculating the feeto be paid by the user institute.
(c) The translation of the adapted material is not permissible under this agreement. Thelicensee may go for a separate agreement in case it intends to translate the adaptedmaterial.
(d) The exact amount of licence fee will be worked out on the basis of proportion of materialused. The amount shall be decided by a committee consisting of members of the IGNOUand representatives of Licensee University.
(e) The Licensee University shall pay to IGNOU, fifty percent of the amount of Licence Feein advance, through Bank Demand Draft, in favour of IGNOU, payable at New Delhi, at the time of print order given by the Licensee University. The balance amount of licencefee shall be paid by the Licensee University within two months of the commencement ofthe academic session through Bank Demand Draft in favour of IGNOU payable at NewDelhi. The print order given by the licensee university shall be taken as the number ofstudents enrolled in that programme for the following academic year. The LicenseeUniversity shall also give the copy of print order given to the printer to IGNOU forpurpose of determining the total amount of advance as the licence fee. A copy of the feestructure announced by the Licensee University shall also be given to IGNOU. The
Licensee University shall periodically inform its annual enrollment for the said course(s)/programmes.
(f) The licensee, while printing the adapted material shall ensure that the print quality ofmaterials is as per standards of the IGNOU Study material in respect of quality of paperand printing, cover printing, etc.
(g) The licensee, while using the printed instruction material of IGNOU, may use along-withit the supportive audio-video cassettes prepared by IGNOU which are available on thesale with the agencies authorized by IGNOU.
(iv) Any breach of this Agreement shall, at the IGNOU's discretion, render the licence null and void.
In such circumstances, the licensee shall destroy all copies made and show proof of suchdestruction by submitting IGNOU a certificate of destruction; and refrain from making use ofadapted material.
(v) The licence shall be terminated ,if it is found, that the licensee university is not using the licencefor the given purpose i.e. use of the adapted material among its enrolled student only.
(vi) The licence shall be terminated, if it is found, that the licensee university in connivance with theprinter is selling the material in the market or making available to other than the enrolled studentsof the Licensee University.
(vii) At the expiry of the term of this licence/at the termination of the licence, the licensee shall eitherreturn or destroy the material. The licensee university shall not use the adapted material for anypurpose in any manner, and if it is found that the licensee is using the material after the expiry
period , the appropriate recourse to a court of law shall be taken.
(viii) IGNOU reserves the right to insist on audited statement of the accounts of the licensee, so as toascertain the amount of fee collected for the concerned course/programme.
(ix) Copy rights in respect of the concerned books / materials are reserved with the IGNOU.
(x) The dispute shall be subject to the jurisdiction of Delhi courts only.
Signature for and on behalf of IGNOUREGISTRAR, IGNOU
Signature for and on behalf of licensee
REGISTRAR, ------------------------------------------------------------
(STATE OPEN UNIVERSITY/CONVENTIONAL UNIVERSITY)
Witness: (with name and address in reference to IGNOU)
1.
2.
Witness: (with name and address in reference to Licensee University)
1.
2.
5) AGREEMENT FOR ACQUISITION OF TRANSLATION RIGHTS
An agreement is made on --------------- day of -----------(Month) -----------------(Year) between the
------------------------------------(Complete name and address of the concerned State Open
University/Correspondence Course Institute of Conventional Universities) represented by the Registrar of
the said university (hereinafter called "The Licensee" and this expression shall include his successors and
assignee) on the one part, and the Indira Gandhi National Open University, Maidan Garhi, New Delhi 110
068, represented by the Registrar of the IGNOU (hereinafter called IGNOU and this expression shall
include his successors and assignee) on the other part.
Whereas the licensee wishes to make use of the printed instructional material of IGNOU designed
for the various courses by way translation and supply them among the students for the courses offered by
the licensee, and IGNOU has the right to grant licence for such purposes.
NOW IT IS HEREBY AGREED AS FOLLOWS:
(i) The licence is a licence to use the instructional material of IGNOU, as specified in sub-clause of
(ii) of this agreement, in the courses/ programmes offered by the licensee, for an initial period of
three years, from the date of this agreement.
(ii) IGNOU hereby grants licence to the licensee for translation of the following IGNOU's published
material for use of the translated material among the enrolled students of the licensee university,
and a copy of these material forms the part and parcel of the agreement document:
1. Name of the programme:
S .No Course Code Course Title Blocks Medium Language of translation
2. Name of the programme
S. No Course Code Course Title Blocks Medium Language of translation
3. Name of the programme
S. No Course Code Course Title Blocks Medium Language of translation
(iii) The following terms and conditions govern the licence hereby granted :
(a) The licensee shall seek the translation rights of a complete course material. The translation right shall not be applicable for a block/unit. IGNOU will supply to the licensee a hard copy of each block printed by IGNOU to be used by the licensee as a copy for further processing and printing at the cost to be borne by licensee concerned.
(b) No change in the text, including the print cover page, shall be made by the licensee when it is reprinted except for the following:
(i) The print line, mentioning the name of the press where it has been printed should be substituted by a print line giving the name of the press where it is reprinted.
(ii) Due acknowledgement must be made, of the permission to translate and to print given by IGNOU, at a prominent place in each copy of the translated version of the book.
(iii) Printing of the logo of the licensee in addition to that of the IGNOU.
(iv) The names of the translators and the persons involved in the printing and processing may be included in the cover page.
.
(c) The licensee shall ensure that the translated materials are authentic and that they are faithful to the original text. For this purpose, the licensee may provide a list of translators who could be assigned the translation work and the IGNOU will advise the licensee about the suitability of the proposed translators. The licensee shall agree to get the work done by the translators accepted by IGNOU.
(d) The translated manuscript should not be printed without getting the translated manuscript approved by School of Translation Studies and Training, IGNOU. The user university may take permission as deemed to be granted in absence of response within two months from the IGNOU to the Licensee.
(e) The licence for translation shall be given for the full course material. The translation of study material in parts is not allowed.
(f) The licensee, while reprinting the material shall ensure that the print quality of the materials is as per standards of the IGNOU study material in respect of quality of paper and printing, cover printing, etc.
(g) The licensee shall pay to IGNOU 10% of the “Licence fee” for using its material. The average proportionate course fee shall be calculated on the basis of the total annual programme fee and total number of courses required to be cleared by a student enrolled under the IGNOU programme structure. The programme structure along with the requisite courses and blocks as prescribed by IGNOU is given in the schedule-I annexed herewith. In addition, the licensee shall also pay to IGNOU an amount equal to the
general editing fee paid by the IGNOU to the editors of such courses/ programmes towards vetting costs of the translated manuscript. The IGNOU has the right to change the amount of licence fee and general editing fee and these amounts shall be governed by the policies of the IGNOU on the date.”
(h) The fee collected by the licensee from the students for the said programmes should not beless than the fee charged by the IGNOU as per schedule II annexed herewith. In case the user institute is charging fee less than that of IGNOU, IGNOU’s fee should be taken as a basis for calculating the fee to be paid by the user institute.
(i) The Licensee University shall pay, in favour of IGNOU payable at New Delhi, fifty percent of the amount of Licence Fee in advance, through Bank Demand Draft, at the time of print order given by the Licensee University. The balance amount of licence fee shall be paid by the Licensee University through Bank Demand Draft in favour of IGNOU payable at New Delhi within two months of the commencement of the academic session. The print order given by the licensee university shall be taken as the number ofstudents enrolled in that programme for the following academic year. The Licensee University shall also give the copy of print order given to the printer to IGNOU for purpose of determining the total amount of advance as licence fee. A copy of the fee structure announced by the Licensee University shall also be given to IGNOU. The Licensee University shall periodically inform its annual enrollment for the said course(s)/ programmes.
(j) The licensee, while using the printed instruction material of IGNOU, may use along-withit the supportive audio-video cassettes prepared by IGNOU which are available on thesale with the agencies authorized by IGNOU.
(iv) Any breach of this Agreement shall, at the IGNOU's discretion, render the licence null and void.
In such circumstances, the licensee shall destroy all reprint copies made and show proof of suchdestruction by submitting IGNOU a certificate of destruction; and refrain from making use oftranslated material.
(v) The licence shall be terminated, if it is found, that the licensee university is not using the licencefor the given purpose i.e. for use of the translated material among its enrolled student only.
(vi) The licence shall be terminated, if it is found, that the licensee university in connivance with theprinter is selling the material in the market or making available to other than the enrolled studentsof the Licensee University.
(vii) At the expiry of the term of this licence/at the termination of the licence, the licensee shall eitherreturn or destroy the material. The licensee university shall not use the translated material for anypurpose in any manner, and if it is found that the licensee is using the material after the expiryperiod, the appropriate recourse to a court of law shall be taken.
(viii) IGNOU reserves the right to insist on audited statement of the accounts of the licensee, so as toascertain the amount of fee collected for the concerned course/materials.
(ix) Copy rights in respect of the concerned books / materials are reserved with the IGNOU.
(x) The dispute shall be subject to the jurisdiction of Delhi courts only.
Signature for and on behalf of IGNOUREGISTRAR, IGNOU
Signature for and on behalf of licensee
REGISTRAR, ------------------------------------------------------------
(STATE OPEN UNIVERSITY/CONVENTIONAL UNIVERSITY)
Witness: (with name and address in reference to IGNOU)
1.
2.
Witness: (with name and address in reference to Licensee University)
1.
2.
6) AGREEMENT FOR REPRODUCTION RIGHTS OF TRANSLATED
STUDY MATERIAL BY A THIRD PARTY
An agreement is made on --------------- day of -----------(Month) ----------------------- (Year)
between------------------------------------- (Complete name and address of the concerned State OpenUniversity/Correspondence Course Institute of conventional university) represented by the Registrar of theuniversity (hereinafter called "The Licensee" and this expression shall include his successors and assignee)as first party, the Indira Gandhi National Open University, Maidan Garhi, New Delhi 110 068, represented
by the Registrar of the IGNOU (hereinafter called second party and this expression shall include hissuccessors and assignee) as the second party, and (Complete name and address of the concerned StateOpen University/Correspondence Course Institute of conventional university) represented by the Registrarof the University that translated the material (hereinafter called third party and this expression shall include
his successors and assignee).
Whereas the licensee wishes to make use of the printed instructional material of second party andthird party designed for the various courses by way of acquisition of reproduction rights and supplyingthem among the students for the courses offered by the licensee, and second party and the third party havethe right to grant licence for such purposes.
NOW IT IS HEREBY AGREED AS FOLLOWS:
(i) The licence is a licence to use the instructional material of second party and third party asspecified in the sub-clause (ii) of this agreement, for use in the courses/ programmes offered bythe licensee, for an initial period of three years, from the date of this agreement.
(ii) Second party and third party hereby grants to the Licensee acquisition of reproduction rights of thefollowing material for use of the reproduced material among the enrolled students of the LicenseeUniversity only, and a copy each of these material forms the part and parcel of this agreement
document:
1. Name of the programme:
S .No Course Code Course Title No of Blocks Medium
2. Name of the programme:
S. No Course Code Course Title No of Blocks Medium
3. Name of the programme:
S. No Course Code Course Title No of Blocks Medium
(iii) The following terms and conditions govern the licence hereby granted:
(a) The licensee shall seek the reproduction rights of a complete course material. The reproduction right shall not be applicable for a block and /or unit. The third party willsupply to the licensee a hard copy of all the blocks of the said course printed by thirdparty to be used by the licensee as a copy for further processing and printing at the cost tobe borne by licensee concerned.
(b) No change in the text, including the print cover page, shall be made by the licensee when it is reprinted except for the following:
(i) The print line, mentioning the name of the press where it has been printed shouldbe substituted by a print line giving the name of the press where it is reprinted.
(ii) Due acknowledgement must be made, of the permission to reprint given by secondparty and third party, at a prominent place in each copy of the book.
(iii) The updating of data and /or error rectification as an addendum/errata on aseparate sheet with prior permission of second party and third party.
(iv) Printing of the logo of the licensee in addition to that of second party and thirdparty.
(c) No translation of the material into any other language shall be permissible under thisagreement. The licensee may go for a separate agreement in case it intends to translatethe material.
(d) The licensee, while reprinting the material shall ensure that the print quality of thematerials is as per standards of the IGNOU study material in respect of quality of paperand printing, cover printing ,etc.
(e) The licensee shall pay to second party and third party the "Licence fee" for using itsmaterial. The amount of Licence Fee shall be equivalent to 15% of the course/programmefees collected every year by the Licensee University for the programmes for which the
second party and third party material is used (the Licensee shall pay 10% and 5% of thecourse/programme fee to the second party and third party respectively). The averageproportionate course fee shall be calculated on the basis of the total annual programme
fee and total number of courses required to be cleared by a student enrolled under theIGNOU programme structure. The programme structure along with the requisite coursesand blocks, as prescribed by the IGNOU, is given in schedule I enclosed herewith. TheIGNOU has the right to change the amount of Licence fee and this shall be governed asper the policies of the IGNOU on the date.
(f) The fee collected from the students for the said programmes should not be less than thefee charged by the IGNOU as per schedule II annexed herewith. In case the user instituteis charging fee less than that of IGNOU, IGNOU’s fee should be taken as a basis forcalculating the fee to be paid by the user institute.
(g) The Licensee University shall pay to second party and third party, fifty percent of the amount of Licence Fee in advance, through Bank Demand Draft in favour of theconcerned party, at the time of print order given by the Licensee University. The balance
amount of Licence fee shall be paid by the Licensee University within two months of thecommencement of the academic session through Bank Demand Draft in favour of theconcerned party. The print order given by the licensee university shall be taken as thenumber of students enrolled in that programme for the following academic year. The Licensee University shall also give the copy of print order given to the printer to second
party and third party for purpose of determining the total amount of advance as licencefee. A copy of the fee structure announced by the Licensee University shall also be givento second party and third party. The Licensee University shall periodically inform itsannual enrollment for the said course.
(h) The licensee, while using the printed instruction material of IGNOU, may use along-withit the supportive audio-video cassettes prepared by IGNOU which are available on thesale with the agencies authorized by IGNOU.
(iv) Any breach of this Agreement shall, at the IGNOU's discretion, render the licence null and void.
In such circumstances, the licensee shall destroy all reprint copies made and show proof of suchdestruction by submitting to IGNOU a certificate of destruction; and refrain from making use ofthe reproduced material.
(v) The licence shall be terminated, if it is found, that the licensee university is not using the licencefor the given purpose i.e. use of the reproduced material among its enrolled student only.
(vi) The licence shall be terminated, if it is found, that the licensee university in connivance with theprinter is selling the material in the market or making the material available to other than theenrolled students of the Licensee University.
(vii) At the expiry of the term of this licence/at the termination of the licence, the licensee shall eitherreturn or destroy the material. The licensee university shall not use the reproduced material forany purpose in any manner, and if it is found that the licensee is using the material after the expiryperiod, the appropriate recourse to a court of law shall be taken.
(viii) Second party and third party reserves the right to insist on the audited statement of the accounts ofthe licensee, so as to ascertain the amount of fee collected for the concerned course/programme.
(ix) Copyrights in respect of the concerned course material are reserved with the second party andthird party.
(x) The dispute shall be subject to the jurisdiction of Delhi courts only.
Signature for and on behalf of the Second PartyREGISTRAR, IGNOU
Signature for and on behalf of the Third Party
REGISTRAR, ___________________________
(State Open University / Conventional University)
Signature for and on behalf of Licensee
Witness on behalf of IGNOU (Second Party)
Witness:
(with name and address)
1.
2.
Witness on behalf of the Third Party
Witness:
(with name and address)
1.
2.
Witness on behalf of State Open University / Conventional University (Licensee)
Witness:
(with name and address)
1.
2.
