Open Government Portfolio Public Value Assessment Tool:

Abstract

Open Government Portfolio Public Value Assessment Tool

Fri, 15 Apr 2011

Online Resource

Request to Download Tool

Please read the Terms of Agreement and complete the form below. By clicking the Accept and Submit button, you accept the terms and submit your request to download the PVAT. If approved, you will receive an email link to download the PVAT.

Terms of Agreement - Non-Governmental Use

Non-Exclusive Copyright License to Not-for-Profit User

I.	Parties:
Licensor/Copyright Owner:
The Research Foundation of State University of New York (“FOUNDATION”)
University at Albany, SUNY
Office of Technology Development
UNH 307
1400 Washington Avenue
Albany, NY  12222

Licensee/User:
(“USER”)
	      
II.	Copyrighted Work:  Open Government Portfolio Public Value Assessment Tool (PVAT) (“the Work”)

III.	Description of Work
The Open Government Portfolio Public Value Assessment Tool (“PVAT”), developed by the Center for Technology in Government at the University at Albany, gives users an approach to making better- informed decisions about their portfolio of open government initiatives.  Using PVAT in the recommended way provides detailed, structured information about the public value results that can be expected for an initiative.  That information can then support decisions about the mix of initiatives in a portfolio and how to adjust the mix to enhance the value of the portfolio as a whole.

IV.	Acknowledgement and Disclaimer
The “Open Government and Public Value: Conceptualizing a Portfolio Assessment Tool paper” was based upon work supported by the National Science Foundation.  Any opinions, findings, conclusions or recommendations expressed in the material are those of the author(s) and do not necessarily reflect the views of the National Science Foundation.

V.	Technical Requirements
PVAT requires Microsoft Excel with macros enabled.

VI.	License and Terms of Use

FOUNDATION and USER, in consideration of the mutual covenants and agreements set forth below, agree to the following terms and conditions.

1.	License Grant.  FOUNDATION hereby grants to USER a non-exclusive, royalty-free, non-transferable, fully paid-up license to copy the Work solely for internal purposes, as specifically described in Appendix A.  The license granted herein does not permit USER to make derivative works based on the Work or to reproduce, sublicense, sell, or otherwise distribute copies of the Work to any third party for any purpose whatsoever.

2.	Reservation of Rights.  FOUNDATION reserves the right to grant additional non-exclusive licenses to any third party at its sole discretion and for whatever purpose.

3.	Restrictions

a.	USER shall not (and shall not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract source code or any part thereof, unless this is required by law or expressly permitted in writing by FOUNDATION.

b.	USER shall not remove, obscure or alter any proprietary rights notices (including copyright, service mark, or trademark notices) from the Work, including without limitation software, images, image captures, printouts, or documentation.

c.	USER shall not distribute, sell, or otherwise transfer the Work.  USER shall refer to FOUNDATION any requests for access to the Work which USER may receive from a third party.  Such referral may be made by providing the third party with the following web address:  http://www.ctg.albany.edu/publications/online/pvat/

d.	Neither the name of FOUNDATION, nor the Center for Technology in Government, nor the University at Albany nor the names of any developers or contributors may be used to endorse or promote any product derived from the Work, without prior written consent from FOUNDATION.

e.	USER shall not use the name, logo, insignia, or any variations thereof, of FOUNDATION, the University at Albany, the State University of New York, the State of New York, or any employee of the foregoing, for advertising, sales promotion, or publicity purposes.

4.	  No Guarantees.  No Warranties.

a.	USER accepts the Work AS-IS and AS-AVAILABLE.  Neither FOUNDATION, nor the Center for Technology in Government, nor the University at Albany has any obligation to provide any accompanying services or support.  While every effort has been made to ensure the correctness of the work, neither FOUNDATION, nor the Center for Technology in Government, nor the University at Albany makes any guarantee of accuracy.

b.	USER ACKNOWLEDGES AND UNDERSTANDS THAT NEITHER FOUNDATION NOR THE CENTER FOR TECHNOLOGY IN GOVERNMENT, NOR THE UNIVERSITY AT ALBANY, NOR DEVELOPERS OF THE WORK, NOR CONTRIBUTORS TO THE WORK MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES PERTAINING TO NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL FOUNDATION, OR THE CENTER FOR TECHNOLOGY IN GOVERNMENT, OR THE UNIVERSITY AT ALBANY, OR DEVELOPERS OF THE WORK, OR CONTRIBUTORS TO THE WORK, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION: PROPERTY DAMAGE; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION), HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THE WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. Publication. “Publication” means any publication, report, presentation, materials, or any other work product containing any information developed through use of the Work, that is made available to any third party or the public.  USER may publish Publications as long as such Publications do not disclose FOUNDATION intellectual property*.  USER agrees to acknowledge FOUNDATION and the Center for Technology in Government at the University at Albany in any Publication.  USER also agrees to submit a copy of any Publication to FOUNDATION (at the addresses in section 7 below) within fourteen (14) days of its publication.  If the Publication contains FOUNDATION intellectual property, USER shall promptly comply with FOUNDATION’s request for remediation.  The FOUNDATION welcomes discussion about the Work and it does not intend to prevent USER from commenting in any forum about their experience using the PVAT.

6.	Feedback Surveys.  In order to continue to improve the functionality of the Work, FOUNDATION intends to use an electronic survey several times per year to gather feedback from USER regarding its experience using the Work.  USER shall return a fully complete feedback survey within thirty (30) days of its receipt of the survey.

7.	Contacts and Addresses.

a.	FOUNDATION:  Jane Krumm-Schwan, Director of Finance and Administration, Center for Technology in Government, University at Albany, 187 Wolf Road, Suite 301, Albany, NY  12205.  Telephone:  518-442-3892;  Fax:  518-442-3886; e-mail:  jkschwan@ctg.albany.edu

b.	FOUNDATION:  Theresa A. Walker, Asst. Vice President for Research and Director of Technology Development, University at Albany, UNH 307, 1400 Washington Avenue, Albany, NY  12222.  Telephone:  518-956-8171;  Fax:  518-956-8175; e-mail:  twalker@uamail.albany.edu

c.	Name, Organization, email address auto fill from web request form

8.	Term and Termination.

a.	Without Cause.  This license agreement is effective as of [Date Auto fill from web request form]  and shall extend for an indefinite period as long as USER complies with the terms and conditions herein, or unless voluntarily terminated upon written notice from USER to FOUNDATION, or unless terminated by mutual agreement of USER and FOUNDATION.

b.	With Cause.  If USER violates any term or condition herein or fails to perform any obligation herein, FOUNDATION may, at its sole option, terminate this agreement upon thirty (30)-days written notice to USER, unless USER cures the default within thirty (30) days of receiving said notice from FOUNDATION.

c.	Effect of Termination.  Upon termination of this agreement for any reason, USER shall immediately cease using the Work and shall destroy any and all copies of the Work.

9.	Waiver.  The failure of either Party to assert a right herein or to insist upon compliance with any term or condition of this agreement shall not constitute a waiver of that right, nor shall it excuse a similar, subsequent default by the other Party.

10. Governing Law.  This license agreement shall be construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws provisions thereof.

Note: * property from original thought protected by law: original creative work manifested in a tangible form that can be legally protected, e.g. by a patent, trademark, or copyright
"intellectual property" Bing.com. 2011. http://www.bing.com (20 June 2011). http://www.bing.com/Dictionary/search?q=define+intellectual+property

I accept and agree to all of the above terms of this agreement.

Appendix A
USER’s Intended Use of the 
Open Government Portfolio Public Value Assessment Tool (PVAT) (“the Work”)

First Name

Last Name

Organization

Intended Use (select all that apply):

Research collaboration opportunities with the centerResearch collaboration opportunities with the center

Consulting private/industryConsulting private/industry

Educational initiativesEducational initiatives

Personal, non-professional usePersonal, non-professional use

Non for profit interests within own organizationNon for profit interests within own organization

Intended Use Detail