Stanford Positions on Negotiation

Before accepting an award on behalf of the University, the Institutional Representative reviews all terms and conditions to ensure compliance with University policy.

• Publication Restrictions: Stanford policy prohibits the acceptance of any award that prohibits or restricts publication, access or dissemination of research results or prevents Stanford from disclosing the existence of an agreement (see RPH 2.6: Openness in Research).

• Indemnification: Stanford does not cover sponsor loss unless SU is negligent or exercises willful misconduct.

• Warranty: Stanford does not guarantee any research results.

• Proprietary Information/material: Stanford as an Institution cannot agree to protect a sponsor’s proprietary information.  An individual may enter into a non-disclosure agreement with a sponsor.

• Liability: Stanford does not accept provisions, which impose unlimited liabilities for Stanford.  Example: reprocurement provisions.

• Intellectual Property: Stanford retains title to Intellectual Property.

• Financial Viability: The financial viability of some commercial sponsors may not be readily apparent and must be researched prior to accepting an award.
  
  
• International Traffic in Arms Regulation (ITAR):   This regulation states a non-citizen's participation in research and development of a scientific apparatus that involves or relates to a satellite (could be, under ITAR, a "deemed export" requiring an export license from the Department of State. If the non-citizen is from a country listed as "sensitive" or "terrorist exporting," that person could be barred by the State Department from participating at all).  This regulation compromises Freedom of Research at Stanford.