SIR ALISTER HARDY FOUNDATION FOR OCEAN SCIENCE DATA LICENSE AGREEMENT
SIR ALISTER HARDY FOUNDATION FOR OCEAN SCIENCE
DATA LICENSE AGREEMENT
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COMMERCIAL/NON COMMERCIAL APPLICATION (Please delete as
appropriate)
You should read carefully the following terms and conditions. If you agree with them, please sign a copy of this license and return it to the SAHFOS Data Manager or David Johns. On receipt of the signed copy, SAHFOS will provide access to the Dataset or dispatch the requested data.
In this agreement 'you/your' refers to the Licensee, 'we/our/ours' to the Licensor, SAHFOS, 'the Dataset', the specified data listed below:
LICENSEE:………………………………………………………………………………
ADDRESS:………………………………………………………………………………
DATASET:………………………………………………………………………………
PURPOSE FOR WHICH DATA WILL BE USED:……………………………………
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DATE OF ISSUE:……………………… DATE OF TERMINATION:………………..
I have read and understood this License Agreement and accept its terms and conditions.
SIGNATURE:…………………………… PRINT NAME:……………………………..
POSITION:………………………………. DATE:………………………………………
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For SAHFOS USE ONLY License authorized by:………………………………………………. Counter signature:…………………………………………………… Print Name:………………………………. Position held in SAHFOS:………………………………………….. Date:……………………………………… |
TERMS AND CONDITIONS
1. The Sir Alister Hardy Foundation for Ocean Science (hereinafter known as SAHFOS) reserves all rights of ownership to the CPR database and sample archive.
2. SAHFOS requires all applicants wishing to use the Dataset to complete a 'Data Licence Agreement' before granting a personal licence for its use. Data requests will be serviced as requests arrive, but access to the whole dataset will only be available to scientists coming to work at SAHFOS. This latter requirement is to allow SAHFOS to provide an on-site briefing about the background and limits of the raw data.
3. You may:
3.1 Use the data or products provided for the purposes outlined in the Data Licence.
3.2 Make full or partial copies of the Dataset for back-up and archive purposes only, provided you label such copies clearly with a notice of SAHFOS ownership.
3.3 Produce tables and maps from the data for use in reports, publications and presentations.
4. You may NOT:
4.1 Transfer, assign, rent, lease, sell, give or otherwise dispose of the original data or products except as stated in this licence.
4.2 Sell a product or tradeable commodity based in whole or in part on data supplied by us unless you have obtained our prior written agreement, and have paid any royalties due.
5. Your responsibilities:
5.1 You must read the description and understand the nature of the Dataset given in the attached Data Policy Statement.
5.2 You are required to install and commission the Dataset onto your own computer system.
5.3 You need to provide and maintain the software necessary to use the Dataset.
5.4 You must ensure that proper precautions are followed to secure any backup copies of the Dataset and that effective control is kept of these copies.
5.5 You are responsible for the validity of the results produced by the Dataset unless SAHFOS agrees in writing that your results are affected by an error in the Dataset, subject to the limitations of our liability stated below.
5.6 You must include a citation to the Dataset in the bibliography of all presentations or publications which involve its use in accordance with the outline below and journal style.
[Authorship] [Dataset description] Sir Alister Hardy Foundation for Ocean Science. Plymouth. [Date Downloaded/supplied]
Example
Johns D. Monthly averaged data for Calanus finmarchicus (58-62N, 0-6E) 1946-2007 as recorded by the Continuous Plankton recorder, Sir Alister Hardy Foundation for Ocean Science. Plymouth. [20/10/2008]
5.7 You are required to provide SAHFOS with an original copy of all publications utilising CPR data.
6. Terms
6.1 Failure to comply with any of the above conditions will lead to termination of the licence.
6.2 This licence ends on the date given on page one of this agreement.
7. Warranty and Liability
7.1 If a disc or other magnetic media containing the Dataset is defective SAHFOS will replace it at no charge provided the defective item is returned to SAHFOS within ninety (90) days.
7.2 It must be recognised that raw data may be transcribed from analogue to digital form, or may be acquired using automated measuring techniques. Although such processing is made subject to quality control procedures, so as to ensure reliability where possible, some raw data may be subject to processing errors that may go undetected. The provision of such data carries no liability for accuracy or reliability and SAHFOS cannot be held accountable for any loss, damage, injury or any other occurrence arising from the use of data.
7.3 SAHFOS is not liable in respect of any tort or breach of duties, statutory or otherwise, whether or not attributable to our negligence.
7.4 A SAHFOS statement on quality control measures applied to data management and other aspects of the CPR survey is available on request.
8. Governing Law
This Agreement is subject to the laws of England and Wales and the jurisdiction of the English Courts.
9. General
9.1 This Agreement replaces all previous written or oral communications between SAHFOS regarding data or products.
9.2 Should any of the provisions in this Licence Agreement be ruled invalid under any law of England and Wales or Act of the Parliament of the United Kingdom, they shall be deemed modified or omitted only to the extent necessary to render them valid and the remainder of the Agreement shall be upheld.
