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THE ANDREW W. MELLON FOUNDATION

140 EAST62ND STREET NEWYORK, NY 10065

(212) 838-8400

OFFICE OF THE GENERAL COUNSEL AND SECRETARY

February 24,2012 DI. Manuel Palomar Sanz

Vicerrector de Investigación, Desarrollo e Innovación Universidad de Alicante

Departamento de Ciencias Ambientales y Recursos Naturales Apartado 99

E-03080 Alicante Spain

Francisco González García

Vice-Chancellor for Research and Innovation University of Santiago de Compostela

E-15782 Santiago de Compostela, Galicia Spain

Dear Vicerrector Palomar Sanz and Vice-Chancellor González García:

The Andrew W. Mellon Foundation (the "Foundation") is pleased to learn that Universidad de Alicante ("ABH,,), in collaboration with the University of Santiago de

Compostela ("SANT"), is participating in the Foundation's Plants Initiative. As you know, the Foundation's Plants Initiative is an international partnership ofherbaria and universities working to develop a coordinated databas e of information and images on the plants of the world for use by scholars worldwide ("Plants Database") that is currentIy in operation at http://www.istor.org.

In order to ensure the continuing availability of the resource to scholars, all of the partners in the Plants Initiative have accepted an intellectual property agreement, and we ask that ABH and SANT join them by signing this letter (the "Agreement") where indicated and returning an original to uso

As a participant in the Foundation's Plants Initiative, ABH will deliver to SANT Type specimens and/or historical collections, and SANT will scan and create master digital images of 600dpi resolution of such Type specimens and historical collections without watermarks and a database ofrelated information from its collection or other collections for which ABH or SANT, as applicable, has obtained all necessary intellectual property rights (master digital images and database collectively referred to as the "Images and Related Materials"). ABH will deliver to SANT the Type specimens and/or historical collections, and SANT shall create and deliver the Images and Related Materials in a timely fashion. The parties acknowledge and agree that time is of the essence with respect to this obligation.

Manuel Palomar Sanz ^I Francisco González García

20f3 February 24,2012

The Foundation will not own any copyrights or other rights in the Images and Related Materials; however, in view ofthe Foundation's mandate to ensure that Foundation funds be used for the greatest possible educational, scholarly, and/or charitable benefit, the Foundation requests the following license rights with respect to the Images and Related Materials. Each of ABH and SANT hereby grants the Foundation, and/or the Foundation's nonprofit designee or fee-for-service agent, a nonexclusive, royalty-free, worldwide license for as long as the copyright in its Images and Related Materials subsists to: (a) incorporate any or all Images and Related Materials in other projects supported by the Foundation and/or modify any or all ofthe Images and Related Materials without distorting the information content provided by ABH or SANT, as applicable; (b) digitally and electronically link, associate, compile, and aggregate any or all Images and Related Materials with the content of other digital projects made available for noncommercial educational, scholarly, and/or charitable purposes; (c) reproduce any or all ofthe Images and Related Materials in ,my size, format, or media, and digitally and electronically transmit, distribute, publicly display or perforrn, and/or make derivative works of any or all of such Images and Related Materials in any size, format, or media, solely for noncommercial educational, scholarly, anb/or charitable purposes; and (d) perrnit individuals and institutions to access any or all of the Irnages and Related Materials and to reproduce, distribute, display publicly, perform, and/or make derivative works of any or all of such Images and Related Materials in any size, format, or media solely for noncommercial educational, scholar1y, and/or charitable purposes. The licenses granted in this paragraph extend to any and all future

technologies or media that may be developed anywhere in the world that are used in scholarly communications. Each of ABH and SANT agrees that it owns or has obtained all necessary rights in connection with the Images and Related Materials that it contributes to the Plants Database, and granting the foregoing licenses will not violate any third party rights.

All Images and Related Materials will be identified as originating with ABH or SANT. If individual users ofthe Plants Database seek perrnission from the Foundation, its nonprofit

designee, and/or its fee-for-service agent to make commercial uses of any or all ofthe Images and Related Materials, the Foundation, its nonprofit designee, and/or its fee-for-service agent shall direct them to seek perrnission from, and pay any appropriate fees to, ABH or SANT, as applicable.

In addition to the Images and Related Materials digitized pursuant to a Foundation grant, ABH and/or SANT may also add to the Plants Database other digital images and related

material s ("ABH Content1' or "SANT Content", as applicable) consistent with its scholarly objectives and the mission ofthe Foundation. Each of ABH and SANT shall make such ABH Content or SANT Content, as applicable, available to the Foundation, and/or the Foundation's nonprofit designee or feeJfor-service agent, under the license grant set forth above with respect to the Images and Related Materials.

This Agreement covers all Images and Related Materials transmitted by ABH and SANT to the Foundation, and/orlthe Foundation's nonprofit designee or fee-for-service agent, and constitutes the entire agrefment and supersedes all prior communications, understandings, and agreements, whether written or oral, relating to the subject matter herein. No modification or

\ claimed waiver of any pr~vision ofthis Agreement shall be valid except by written amendment

\v

Manuel Palomar Sanz Francisco González García

30f3 February 24,2012

signed by the authorized representatives ofthe ABH, SANT, and the Foundation. The waiver of any provision or provisions of this Agreement shall not be deemed to be a waiver of any other provision herein, nor shall a waiver of any breach ofthis Agreement be construed as a continuing waiver of other breaches ofthe same or other provisions ofthis Agreement.

We all100k forward to working with ABH and SANT on this initiative.

Michele S. Warman

Signature:

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THE ANDREW W. MELLON FOUNDATION 140 EA ST 62^{N D} STREET

NEW YORK, NY 10065 (2 12 ) 838-8400

OFFICE OF THE GENERAL COUNSEL ANO SECRETARY

February 24, 2012 Dr. Isabel Mateu Andrés

Directora del Jardí Bott'mic Herbario V AL

Universitat de Valencia el de Quart, 80

E-46008 Valencia Spain

Francisco González García

Vice-Chancellor for Research and Innovation University of Santiago de Compostela

E-15782 Santiago de Compostela, Galicia Spain

Dear Dr. Mateu Andés and Viee-Chancellor González García:

The Andrew W. Mellon Foundation (the "Foundation") is pleased to learn that Universitat de Valencia ("VAL"), in collaboration with the University of Santiago de

Compostela ("SANT"), is participating in the Foundation's Plants Initiative. As you know, the Foundation's Plants Initiative is an international partnership ofherbaria and universities working to develop a coordinated database of information and images on the plants of the world for use by scholars worldwide ("Plants Database") that is currently in operation at http://www.jstoLorg.

In order to ensure the continuing availability of the resource to scholars, all of the partners in the Plants Initiative have accepted an intellectual property agreement, and we ask that V AL and SANT join them by signing this letter (the "Agreement") where indicated and returning an original to uso

As a participant in the Foundation's Plants Initiative, V AL will deliver to SANT Type specimens and/or historical collections, and SANT will scan and create master digital images of 600dpi resolution of sueh Type speeimens and historical collections without watermarks and a database ofrelated information from its collection or other collections for which VAL or SANT, as applicable, has obtained all necessary intellectual property rights (master digital images and databas e collectively refened to as the "Images and Related Material s"). V AL wiU deliver to SANT the Type specimens and/or historical collections, and SANT shall create and deliver the Images and Related Materials in a timely fashion. The parties acknowledge and agree that time is of the ssence with respect to this obligation.

Isabel Mateu Andrés 20f3 February 24, 2012 Francisco González García

The Foundation will not own any copyrights or other rights in the Images and Related Materials; however, in view ofthe Foundation's mandate to ensure that Foundation funds be used for the greatest possible educational, scholarly, and/or charitable benefit, the Foundation requests the following license rights with respect to the Images and Related Materials. Each of V AL and SANT hereby grants the Foundation, and/or the Foundation's nonprofit designee or fee-for-service agent, a nonexclusive, royalty-free, worldwide license for as long as the copyright in its Images and Related Materials subsists to: (a) incorporate any or all Images and Related Materials in other projects supported by the Foundation and/or modify any or all ofthe Images and Related Materials without distorting the information content provided by VAL or SANT, as applicable; (b) digitally and electronically link, associate, compile, and aggregate any or all Images and Related Materials with the content of other digital projects made available for

noncommercial educational, scholarly, andlor charitable purposes; (c) reproduce any or all ofthe Images and Related Materials in any size, format, or media, and digitally and electronically transmit, distribute, publicly display or perform, andlor make derivative works of any or al! of such Images and Related Materials in any size, format, or media, solely for noncommercial educational, scholarly, and/or charitable purposes; and (d) permit individuals and institutions to access any or all ofthe Images and Related Materials and to reproduce, distribute, display publicly, perform, and/or make derivative works of any or all of such Images and Related Materials in any size, format, or media solely for noncommercial educational, scholarly, andlor charitable purposes. The licenses granted in this paragraph extend to any and all future

technologies or media that may be developed anywhere in the world that are used in scholarly communications. Each of V AL and SANT agrees that it owns or has obtained aH necessary rights in connection with the Images and Related Materials that it contributes to the Plants Database, and granting the foregoing licenses will not violate any third party rights.

All Images and Related Materials will be identified as originating with V AL or SANT. If individual users of the Plants Database seek permission from the Foundation, its nonprofit

designee, and/or its fee-for-service agent to make commercial uses ofany or all ofthe Images and Related Materials, the Foundation, its nonprofit designee, and/or its fee-for-service agent shall direct them to seek permission from, and pay any appropriate fees to, V AL or SANT, as applicable.

In addition to the Images and Related Materials digitized pursuant to a Foundation grant, V AL and/or SANT may also add to the Plants Database other digital images and related

material s ("V AL Content" or "SANT Content", as applicable) consistent with its scholarly objectives and the mission ofthe Foundation. Each ofVAL and SANT shall make such VAL Content or SANT Content, as applicable, available to the Foundation, and/or the Foundation's nonprofit designee or fee-for-service agent, under the license grant set forth aboye with respect to the Images and Related Materials.

This Agreement covers all Images and Related Materials transmitted by V AL and SANT to the Foundation, andlor the Foundation's nonprofit designee or fee-for-service agent, and

~ constitutes the entire agreement and supersedes all prior communications, understandings, and greements, whether written or oral, relating to the subject matter herein. No modification or

~med waiver ofany provision oflbis Agreement sball be valid except by written amendment

•

Isabel Mateu Andrés 30f3 February 24, 2012 Francisco González García

signed by the authorized representatives ofthe V AL, SANT, and the Foundation. The waiver of any provision or provisions of this Agreement shall not be deemed to be a waiver of any other provision herein, nor shall a waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

We alllook forward to working with VAL and SANT on this initiative.

Michele S. Wannan

llNIVERSITAT DE VALENCI .

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