Suggested Language for ORU Repository Author Agreement

CDL offers this as a suggested model, not as legal advice.

I grant the Berkeley Natural History Museum on behalf of the Regents of the University of California (hereafter called Organized Research Unit) the non-exclusive right to make content for the eScholarship Repository (hereafter called the Work) available in any format in perpetuity.

I warrant as follows:

(a) that I have the full power and authority to make this agreement;
(b) that the Work does not infringe any copyright, nor violate any proprietary rights, nor contain any libelous matter, nor invade the privacy of any person; and
(c) that no right in the Work has in any way been sold, mortgaged, or otherwise disposed of, and that the Work is free from all liens and claims.

I agree to hold the Organized Research Unit harmless from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph, and further agree to indemnify the Organized Research Unit and others against expenses and attorney’s fees that may be incurred in defense against each claim, action, or proceeding.

Option 1 (for ORUs allowing work to be removed):
I understand that once the Work is deposited in the repository, a citation to the Work will remain visible in perpetuity, even if the Work is updated or removed.

Option 2 (for ORUs not allowing work to be removed):
I understand that once the Work is deposited in the repository, the Work may be updated, but it may not be removed.