This is essentially cost-sharing on an unfunded project similar to an MTA.  You need to ask the unit that is actually providing the services how they are paying for that and record the response (preferably the account numbers) so that you don't run into effort reporting issues or problems with allocating these expenses to sponsored projects or other non-discretionary accounts.
Also, the first question to ask might be whether the software is something the unit would have bought anyway so you can  view this as putting that cost-savings toward the expenses of the projects.



Elaine L. Brock, JD, MHSA
cell: 734-330-3727

On Thu, Feb 21, 2019 at 10:33 AM Morris, Katie Nicole <xxxxxx@iu.edu> wrote:

Interesting scenario, and one we’ve seen a handful of times recently as well. We call these “unfunded research collaboration agreements” and essentially treat them as a combination of equipment loan/lease and sponsored research agreement. I would ensure the following –

 

·         Clearly defined scope of services as with a standard SRA;

·         Reasonable allocation of rights to any IP (tangible or intangible) that may be created through use of the software;

·         Students’ ability to use results as part of academic publication without approval;

·         Faculty ability to use data / results in future sponsored research;

·         Limiting liability to University for any damage use of the software may cause – and making sure the company indemnifies you for any infringement of third-party IP rights based on your use of the software

 

Hope this helps!

 

Katie

 

Katie Morris, J.D.

University Director, Research Contracting

Office of Research Administration

Indiana University

(317) 274-5541

 

From: Research Administration List <xxxxxx@LISTS.HEALTHRESEARCH.ORG> On Behalf Of Bruxanne Hein
Sent: Thursday, February 21, 2019 10:25 AM
To: xxxxxx@LISTS.HEALTHRESEARCH.ORG
Subject: [RESADM-L] "Donated" software in exchange for services?

 

Good morning, 

 

We have a center on campus which would like to accept a donation of software from a for-profit company, and in exchange provide access/students/faculty to work on projects. In reality they are not "donating" the software if there is an expectation of work to be performed over a period of time using the software and our personnel/students.

 

I have a number of issues with this going in, but I'd like to hear from the group, what should I be looking for? Or asking for? 

 

Thank you!

 

Bruxanne

 

Bruxanne E. Hein, Ed.S., M.Ed., C.R.A.

Director, Office of Research Services & Sponsored Programs

Executive Director, Georgia Southern Research & Service Foundation

Georgia Southern University

PO Box 8005

Veazey Hall Room 3000B

Statesboro, GA 30460-8005

Office: 912/478.0580

Cell: 843/333.2034

 

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