| dc.rights | DATA ACCESS AGREEMENT
This agreement governs the terms on which access will be granted to the data generated by the University of Exeter (“the University”) directly or indirectly through the PRIMaRE project.
In signing this agreement, You are agreeing to be bound by the terms and conditions of access set out in this agreement.
For the sake of clarity, the terms of access set out in this agreement apply both to the User and the User’s Institution (as defined below). User Institution and User are referred to within the agreement as “You” and “Your” shall be construed accordingly.
Definitions:
Data means the data obtained from the University listed in Schedule A.
User means a researcher whose User Institution has previously completed this Data Access Agreement and has received acknowledgement of its acceptance.
Publications means, without limitation, articles published in print journals, electronic journals, reviews, books, posters and other written and verbal presentations of research.
User Institution means the organisation at which the User is employed, affiliated or enrolled.
Terms and Conditions:
In signing this Agreement:
1. You agree to use the Data only to [user specific]
2. You agree not to use the data or any part thereof for the creation of products for sale or for any commercial purpose.
3. Other than for the purpose set out in Clause1 above you agree to preserve, at all times, the confidentiality of information and Data.
4. Other than for the purpose set out in Clause1 above you agree not to transfer or disclose the Data, in whole or part, or any identifiable material derived from the Data, to others. Should You wish to share the Data with a collaborator outside your Institution, the third party must make a separate application for access to the Data.
5. You agree to acknowledge in any work based in whole or part on the Data, the published paper from which the Data derives, the version of the data, and the role of the University [and the relevant primary collectors and their funders].
6. You accept that the University, the original data creators, or copyright holders, or the funders of the Data or any part of the Data supplied:
a) bear no legal responsibility for the accuracy or comprehensiveness of the Data; and
b) accept no liability for indirect, consequential, or incidental, damages or losses arising from use of the Data, or from the unavailability of, or break in access to, the Data for whatever reason.
7. You understand and acknowledge that the Data is protected by copyright and other intellectual property rights, and that duplication, except as reasonably required to carry out Your research with the Data, or sale of all or part of the Data on any media is not permitted, although you may publish the data in accordance with Clause 5.
8. You recognise that nothing in this agreement shall operate to transfer to the User Institution any intellectual property rights relating to the Data. [The User Institution has the right to develop intellectual property based on comparisons with their own data].
9. You accept that this agreement will terminate immediately upon any breach of this agreement by You and You will be required to destroy any Data held.
10. You agree that you will submit a report to the University of Exeter, if requested, on completion of the agreed purpose. The University of Exeter agrees to treat the report and all information, data, results, and conclusions contained within such report as confidential information belonging to the User Institution.
11. This agreement shall be construed, interpreted and governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English courts. | en_GB |
