Agitavi Training Materials License Agreement for Software Entrepreneurship and Business Management Courses

PLEASE READ THE TERMS CAREFULLY. BY READING THIS AGREEMENT AND USING THE MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO
BE BOUND BY IT.
PLEASE TAKE SPECIAL NOTE THAT:
This License Agreement sets out the terms and conditions on which the Licensor is willing to license the Licensee to use and reproduce the Agitavi Training Materials (as defined in clause 1 below) but only for the
purposes of (i) delivering Software Entrepreneurship and Business Management education to tertiary students (as defined in clause 1 below). The Agitavi Training Materials, whether in whole or in part, are
not to be used by the Licensee to deliver commercial short course or education to commercial companies and/or staff, contractors or consultants involved or employed by commercial companies, government
departments or non-governmental organisations, or any other training or education provider to without express written permission of Agitavi Research Corporation Limited
1 Definitions
For the purposes of this License Agreement:
1.1 the Agitavi Training Materials means originals and copies of any and all Agitavi Training Materials that the Licensor sends to the Licensee from time to time, including (without limitation) those Agitavi Training
Materials set out in Section 1 of Schedule 1 to this License Agreement as supplemented, adapted or modified by the Licensor from time to time and any new materials based wholly or partly on the content, structure or
ideas contained in any of those Agitavi Training Materials; and
2 License
The Licensor hereby grants and the Licensee hereby accepts a non-exclusive, non-transferable license (the License) to use and copy the Agitavi Training Materials for the Permitted Purposes subject to the terms and
conditions of this License Agreement.
3 Term
3.1 The License is valid from the 1st September 2007 and shall continue until 1st September 2012, unless terminated earlier in accordance with clause 9.
3.2 The parties may agree to extend the duration of the License beyond the Term. In the event of the parties agreeing to such renewal of the License, the parties will begin negotiating the revised terms and conditions of
the License and any associated license fees and costs in order to have the renewed License in place from 1st July 2012.
4 Payments
Subject to the terms and conditions of any renewal of the License under clause 3.2, there are no license fees or other payments due to the Licensor in consideration for the License under this License Agreement, except
for any fees and/or other costs associated with obtaining the Licensor’s approval to any adaptation, modification or reproduction of any Agitavi Training Materials under clause 5.3 and for any production costs associated
with any training package developed under the License during the Term for which the Licensee will be solely responsible and liable.
5 Use of Agitavi Training Materials
5.1 The Licensee may only use the Agitavi Training Materials for the Permitted Purposes and may not use any of the Agitavi Training Materials for any other purpose(s) without the prior written consent of and entering
into a separate license agreement on terms to be negotiated with the Licensee.
5.2 The Licensee may, without the Licensor’s prior written agreement, adapt and/or modify the Agitavi Training Materials in order to customize them to the fit the specific needs of the full time students to which the
Licensee provides education.
5.3 The Licensee must ensure that the Licensor has had prior sight of and has provided its approval in writing to any adaptation and/or modification of any Agitavi Training Materials before the Licensee commences use
of such adapted and/or modified Agitavi Training Materials in the delivery of education to any of its students under the License in order for the Licensor to assure itself that the Agitavi Training Materials in question have
been adapted and/or modified suitably. The Licensor’s approval to any adaptation, modification or reproduction of any Agitavi Training Materials must be sought and the Licensor’s approval or otherwise will be provided
in accordance with the Licensor’s approval process, the documentation relating to which is set out in Schedule 2 to this License Agreement.
5.4 The Licensee shall not:
5.4.1 sell, part with possession of or distribute any Agitavi Training Materials to anyone other than its own staff and students and those of the tutors and trainers in its institution who comply with clause 7.2.1 as part of
the relevant printed course materials; or
5.4.2 copy or otherwise use any of the Agitavi Training Materials or permit any of the Agitavi Training Materials to be copied or otherwise used in contravention of any applicable laws or regulations.
5.5 Day-to-day responsibility for the adaptation, modification, control, disclosure and distribution of the Agitavi Training Materials shall reside with the Licensee’s personnel or such other suitable representative of the
Licensee as the Licensee shall nominate and notify to the Licensor in writing from time to time, provided that overall responsibility and liability for ensuring compliance with (and therefore any non-compliance with) the
terms and conditions of this License Agreement in relation to any use of any of the Agitavi Training Materials shall remain with the Licensee.
6 No Other License
The Licensee shall neither use nor copy any of the Agitavi Training Materials other than in accordance with the License expressly granted by this License Agreement. The Licensee shall not disclose or distribute any of
the Agitavi Training Materials to any person other than in accordance with clause 5.4. The Licensee shall instruct its tutors, lecturers and researchers not to use, copy, disclose or distribute any of the Agitavi Training
Materials for any purpose other than the provision of training to full time students of the Licensee’s educational institution. The Licensee shall recover from its tutors and trainers all Agitavi Training Materials held by them
upon their ceasing to be employed or engaged as tutors or trainers of the Licensee’s Coach Education Agitavi and shall instruct such tutors and trainers to make no further use of any information contained in the Agitavi
Training Materials.
7 Conditions and Delivery of Training
7.1 This License Agreement only relates to the use of Agitavi Training Materials to deliver Software Entrepreneurship and Business Management education to students to a standard suitable to enable the students to
make use of the training materials.
7.2 The Licensee shall ensure that all training delivered under the License shall:
7.2.1 be conducted only by tutors and trainers who have relevant backgrounds in the software industry, who have agreed to comply with the terms and conditions of this License Agreement and who meet the relevant
education delivery standards as set out by the licensee; and
7.2.2 use only Agitavi Training Materials provided or approved by the Licensor.
The Licensor will from time to time request evidence of the Licensee’s delivery strategy and that the Licensee’s deliverers of training under the License comply with clause 7.2.1.
7.3 The Licensor also reserves the right to verify at any time in accordance with clause 10 that the Licensee is complying with the License, and that the Agitavi Training Materials and any adaptations and/or modifications
thereof are being used appropriately and in accordance with the License in the delivery of training to any of the Licensee’s students in order to safeguard the Agitavi name and reputation for quality training delivery.
Notwithstanding clause 5.3, the Licensor requires at least 10 working days’ notice in writing to verify the quality of and approve any adaptations and/or modifications made by the Licensee to any Agitavi Training
Materials before they can be used in the delivery of any training to any of its Coach Education Agitavi under the License. If less than 10 working days’ notice is given to the Licensor by the Licensee in respect of any
such adaptations and/or modifications or the Licensee fails to seek or obtain the Licensor’s approval of any such adaptations and/or modifications in accordance with the Licensor’s approval process, the Licensor cannot
guarantee that the quality of such adaptations and/or modifications will be verified as reaching the acceptable standard for Software Entrepreneurship and Business Management Courses delivery. As such, where any
training is delivered to any of the Licensee’s students using any such adaptations and/or modifications that have not been verified by the Licensor as reaching the acceptable standard and/or approved by the Licensor,
the Licensee acknowledges that it does so at its own risk and that clause 9.1.2 may apply.
8 Trade Marks, Copyright and other Intellectual Property Rights
8.1 Subject to clause 8.2, the Licensee shall not, without the prior written consent of the Licensor, use or adopt any trade mark, trade name, trading style or commercial design that is identical to, similar to or may be
mistaken for the whole or any part of any trade mark, trading style or commercial design owned or used by the Licensor.
8.2 In respect of any adaptation or modification made by the Licensee to any Agitavi Training Materials under the License, the Licensee recognizes and agrees to respect the Licensor’s ownership of copyright and moral
rights of in such Agitavi Training Materials and any adaptations and modifications thereto by the Licensor or the Licensee and in particular:
8.2.1 the Licensee shall ensure that the ownership and original authorship of any Agitavi Training Materials that have been adapted and/or modified by the Licensee under the License shall be clearly acknowledged and
recognized by ensuring that the Agitavi logo is clearly visible on any adaptations and/or modifications of such Agitavi Training Materials; and
8.2.2 the Licensee shall ensure that, at the beginning of any training session, presentation or printed resource consisting of or incorporating any Agitavi Training Materials that have been adapted and/or modified by the
Licensee under the License, the following notice (amended as relevant) appears clearly:
This Training [Session/Presentation/Material] [consists of/incorporates] Agitavi Training Materials adapted and/or modified by [Insert institution name] under license from the copyright owner, “Agitavi Research
Corporation Limited”.
9 Termination
9.1 Without prejudice to any other right or remedy the Licensor may have under this License Agreement, at law or in equity, the
Licensor may immediately terminate this License Agreement and the License by giving the Licensee notice in writing to that effect if:
9.1.1 the Licensee commits any breach of any of the terms or conditions of this Agreement and, in the case of a breach that can be remedied, fails to remedy the breach within 30 days after receiving written notice from
the Licensor identifying the breach and requiring its remedy; or
9.1.2 the Licensor determines during the course of any verification carried out under clause 10 or it otherwise comes or is brought to the attention of the Licensee that the quality any training delivered to any of the
Licensee’s students using any adaptations and/or modifications of any Agitavi Training Materials does not reach an acceptable standard.
9.2 Upon any termination (including expiry) of this License Agreement and the License, the Licensee shall send to the Licensor all the Agitavi Training Materials held by it or its tutors or trainers, including all copies
made, and shall make no further use or disclosure of any of them. Termination (including expiry) of this License Agreement shall not affect any accrued rights of the parties.
10 Verification Rights
10.1 The Licensor will, upon giving the Licensee reasonable notice (which shall be no less than 24 hours), be entitled to require sight of any adaptations and/or modifications made by the Licensee to the Agitavi Training
Materials to verify the quality of such adaptations and/or modifications and the Licensee’s compliance with the License.
10.2 The Licensor will, upon giving the Licensee reasonable notice (which shall be no less than 24 hours), be entitled to carry out a site visit at the Licensor’s offices or any other reasonable verification exercise to verify
the standard of delivery of training to the Licensee’s Coach Education Agitavi using the Agitavi Training Materials and any adaptations and/or modifications thereof.
11 Amendments
No amendments to or changes or modifications of this Licensed Agreement may be made except in writing signed by authorized representatives of both of the parties.
12 Warranty of Authority
The signatory to this Agreement on behalf of the Licensee represents warrants and covenants that he/she has authority to enter into this License Agreement on behalf of the Licensee and bind the Licensee to this
License Agreement.
13 Entire Agreement
13.1 This License Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreements, understandings, commitments or representations between the parties in respect of
the subject matter hereof.
13.2 The Licensor shall not be liable to the Licensee for any loss or damage arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of this License
Agreement other than those expressly incorporated or referred to in this License Agreement, provided that neither party in any way seeks to exclude or limit its liability for fraudulent misrepresentation or fraudulent
concealment.
14 Waiver
The failure by the Licensor to enforce at any time or for any period any one or more of the terms or conditions of this License Agreement shall not be a waiver of them or of the right at any time subsequently to enforce
all terms and conditions of this License Agreement.
15 Notices
Any notice to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post to such address for service of the other party as it notifies the serving party from time to time or
by facsimile transmission or by electronic mail and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile transmission or by electronic mail to the correct
facsimile number or electronic mail number of the addressee (with correct answerback).
16 Third Party Rights
This License Agreement does not create any right enforceable by any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999.
17 Governing Law and Jurisdiction
The validity, interpretation and performance of this License Agreement shall be governed by New Zealand law and shall be subject to the exclusive jurisdiction of the English courts, to which the parties hereby submit.
Schedule 1
Section 1: The following Agitavi Training Materials constitute Agitavi Training Materials for the purposes of this License Agreement:
a) The Software Entrepreneurship and Business Management Courses
Section 2: The following constitute the Licensee’s staff for the purposes of this License Agreement:
a) full and/or part time educators, b) full and/or part time lectures, c) full and/or part time researchers
Creativity and Innovation
SOFTWARE ENTREPRENEURSHIP FOR STUDENTS

TOPIC ONE
Objectives
On completion of this topic, you should be able to:

 Discuss the nature of creativity and innovation and their

role in entrepreneurship
 Describe the steps in the creative process
 Explain how entrepreneurs can enhance their own
creativity
 Identify the four major types of innovation
 Discuss some of the sources of innovation for
entrepreneurs, and identify some of the major myths and
discuss the principles of innovation.

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Creativity, innovation and entrepreneurs
Creativity is thinking new things, and innovation is doing new things

 Creativity is the ability to develop new ideas and to discover new

ways of looking at problems and opportunities.
 Innovation is the ability to apply creative solutions to those
problems and opportunities in order to enhance people’s lives or
to enrich society

Entrepreneurship = creativity + innovation

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From Creativity to Entreprenurship

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Creativity, innovation and entrepreneurs
 Creativity is the ability to develop new ideas and to discover new
ways of looking at problems and opportunities.

 Innovation is the ability to apply creative solutions to those

problems and opportunities in order to enhance people’s lives or
to enrich society.

 Researchers believe that entrepreneurs succeed by thinking and

doing new things or old things in new ways .

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Creativity, innovation and entrepreneurs

 Entrepreneurship is the result of a disciplined, systematic

process of applying creativity and innovation to needs and
opportunities in the marketplace.

 New ideas are much more than just random, disjointed tinkerings
with a new gadget.

 Entrepreneurs are those who marry their creative ideas with the
purposeful action and structure of a business.

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Creativity
There are four phases which can help to remove ‘idea blocks’ to
and enhance creative thinking.

The four phases with their important activities are as follows:

 1: background or knowledge accumulation e.g. reading,

professional conferences, talking, visit to library
 2: incubation process e.g. ‘sleep on it’, exercise,
 3: idea or ‘eureka’ experience, usually this phase slowly but
surely formulates the solution
 4: evaluation and implementation e.g. prototypes, advice.

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Creativity
 Characteristics of successful entrepreneurs generally include a
positive self-image, being motivated by challenging problems,
being sensitive to the world around them, and being good at
gathering different ideas in a short amount of time.
 It is not necessary to possess all of these characteristics to be
successful.
 Developing creativity is a process of changing the way you look
at things. To do this you must look for different or unorthodox
relationships between people and things.
 Another way to be more creative is to view people and things in
terms of how they can be used to satisfy needs (both as
resources and problem solvers).

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Creativity
The following questions are designed to spur the imagination and
can help develop creativity:
 1. Is there a new way to do it?
 2. Can you borrow or adapt it?
 3. Can you give it a new twist?
 4. Do you merely need more of the same?
 5. Do you just need less of the same?
 6. Is there a substitute?
 7. Can the parts be rearranged?
 8. What if we do just the opposite?
 9. Can ideas be combined?
 10. Can we put it to other uses?
 11. What else could we make from this?
 12. Are there other markets for it?

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Creativity
Be aware that there are numerous barriers to creativity,
including:
 1. searching for the one ‘right’ answer
 2. focusing on being logical
 3. blindly following the rules
 4. constantly being practical
 5. viewing play as frivolous
 6. becoming overly specialised
 7. avoiding ambiguity
 8. fearing looking foolish
 9. fearing mistakes and failure
 10. believing that ‘I’m not creative’.

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Innovation
Schumpeter (1934) was first to point out the importance of new
value created by entrepreneurs.

More recently, Carland, Hoy, Boulton and Carland (1984) extended

and specified Schumpeter’s idea, saying that entrepreneurs:

 introduce new goods

 introduce new services
 introduce new methods of production
 open new markets
 open new sources of supply
 re-organise industry.

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Innovation
There are four distinct types of innovation, these are as follows:

 Invention - described as the creation of a new product, service

or process

 Extension - the expansion of a product, service or process

 Duplication - defined as replication of an already existing

product, service or process

 Synthesis - the combination of existing concepts and factors into

a new formulation

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Innovation
Five Myths
There are several myths associated with innovation that are
covered in the literature.

 Five myths are presented:

 innovation is planned and predictable
 technical specifications should be thoroughly prepared in
advance
 creativity relies on dreams and blue-sky ideas
 big projects will develop better innovations than smaller ones,
and
 technology is the driving force of innovation and success.

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Innovation
Five Myths...cont

Whilst Innovation encompasses a large area, it is pertinent

to point out that there are a number of principles of
innovation. An important message here is that entrepreneurs
must realise that these principles exist and that they can be
learned.

 One of the principles is to be action-oriented. The

entrepreneur must always be looking for new ideas.
 Making the product, process or service simple and
understandable is another example of a principle of
innovation.

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SUMMARY
Entrepreneurship has been described as an action-oriented way
of thinking, the focus of which is creativity, innovation and
change. Therefore, it is not surprising to see that entrepreneurs
are among the more creative and innovative players of
organizational change.

It is the entrepreneurs’ business to generate or add value as they

venture, introducing new forms, new organisations, new products
and new language to the world at large.

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SUMMARY…cont
In this topic we looked at the more creative side of
entrepreneurship – the value adding, innovative and organisation-
creating aspects, recognising that creativity requires someone
(like an entrepreneur) to add value in the marketplace through the
innovation process.

From the idea generation to the successful product development

and launch, innovation is the seed-bed for change. Charged with
the coordination of the innovation process are the entrepreneurs.
Their role is to nurture creative vision through development and
testing on to successful commercialisation. It is their vision that
sees not only the product or the process but also the opportunity
to market it.

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