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1. PREAMBLE
1.1 This Agreement sets out the rights and undertakings of the Data Contributor and the AMMC in respect of data contributions to ARWPIC (Australasian Right Whale Photo-Identification Catalogue).
1.2 ARWPIC provides a platform for sharing sighting, image and other related information for photo-identified southern right whales. ARWPIC is an initiative of southern right whale researchers and managers. It aims to improve conservation management capacity and data analysis opportunities through data sharing. In this spirit, and recognising that photo-identification data is most useful when collections are pooled, ARWPIC provides for access to Data for non-commercial science, management and education activities, with appropriate acknowledgement and/or involvement of Data Contributors.
1.3 ARWPIC provides access to Data in accordance with the Terms of the ARWPIC Data Contributor Agreement and the ARWPIC Data User Agreement. Data Contributors are required to submit data under the standard Terms of the ARWPIC Data Contributor Agreement.
2. THE LICENCE
2.1 The Data Contributor grants to the AMMC a non‐exclusive, worldwide and free licence to the Data to:
(a) use the Data for and via the ARWPIC portal;
(b) make available the Data and Derivatives in accordance with the Terms of this Agreement, Data Contributor Terms, AMMC Terms, and the Terms of the Creative Commons CC BY-NC-SA Version 3.0 Australia Licence.
2.2 All information in the Public Domain will remain in the Public Domain. Neither the AMMC nor Data Contributors will seek to assert any IP rights over any Public Domain materials that are made available through the ARWPIC Portal.
3. DATA CONTRIBUTOR RIGHTS AND UNDERTAKINGS
3.1 The Data Contributor is free to make available, use or publish the Data elsewhere.
3.2 The Data Contributor warrants that it is the owner of the Data or that it has the necessary rights, licences or permissions to make the Data available in accordance with this Agreement.
3.3 The Data Contributor will make reasonable efforts to ensure that the Data is accurate at the time of its collection or creation, and will provide updated versions of the Data whenever relevant and possible. The Data Contributor will not be liable for any omissions or inaccuracies in the Data.
3.4 The Data Contributor will provide a Contact to assist with liaison and queries with respect to the Data.
3.5 Where the Data Contributor requires a specific attribution for the Data, notification of Data use, and/or an invitation to participate in paper(s)/report(s) arising from the Data, it will include that attribution and/or those requirements in the Schedule by completing the applicable form on registering to use ARWPIC.
3.6 Where the Data Contributor requires an Embargo Period for any part of the Data, it must specify the Embargo Period on entering Data into ARWPIC. Images and summary information associated with Data subject to an Embargo Period will be publicly available via the ARWPIC Portal, but Data subject to an Embargo Period will not be licenced for access via the ARWPIC Portal.
3.7 The Data Contributor will provide information about Data origins, sufficient to allow users of the Data to understand the source and applicability of the Data.
3.8 The Data Contributor will make the Data available to the AMMC by uploading and processing it through the ARWPIC Portal, unless other arrangements are agreed between the Data Contributor and the AMMC.
3.9 The Data Contributor warrants that the Data does not contain any Restrictions such as confidentiality, privacy/personal information, sensitive data issues or other restrictions which affect the use of the Data as permitted under this Agreement.
3.10 The Data Contributor may nominate Data Contributor Terms in the Schedule in relation to attribution, notification of use, and invitation to participate in paper(s)/report(s), and during data entry for embargo periods on Data. If any Data Contributor Terms are notified, the AMMC reserves the right to determine at its absolute discretion whether the Data should be included in ARWPIC.
3.11 The Data Contributor warrants that its supply of Data under this Agreement does not contravene any relevant laws or obligations to others.
4. AMMC RIGHTS AND UNDERTAKINGS
4.1 The AMMC does not assert any intellectual property rights in the Data that is made available through the ARWPIC Portal, including where that Data is made available as part of a Derivative.
4.2 Subject to clause 4.5, the AMMC will make the Data or Derivative available via the ARWPIC Portal in accordance with the terms of this Agreement, the AMMC Terms and the Data Contributor Terms.
4.3 If requested, the AMMC will provide to the Data Contributor, usage statistics on the use of the Data via the ARWPIC Portal.
4.4 The AMMC will provide appropriate attribution to the Data Contributor as the source of the Data and will also indicate any Data Contributor Terms attached to the relevant Data in any Data Access Agreement.
4.5 The AMMC reserves the right to include or remove Data and Derivatives in part or in whole from the ARWPIC Portal as it sees fit.
5. LIMITATION OF LIABILITY
5.1 To the fullest extent permitted by applicable law, the AMMC (including its employees and contractors), Skadia Pty Ltd (including its employees and contractors) and developers, curators and managers of ARWPIC exclude all liability to any person for any consequences, including but not limited to all losses, damages (including indirect, special or consequential damages), costs, expenses and any other compensation, arising from this Agreement, the use of the Data or, inability to access the ARWPIC Portal.
5.2 The AMMC and the Data Contributor will promptly notify the other party of any actual or suspected infringement of the Data that it becomes aware of. The parties will consult on an appropriate course of action, however the Commonwealth is not under any obligation to take legal or other action on behalf of the Data Contributor or other rights holders in the event of the breach of any rights in the Data or the Data Contributor Terms.
6. GENERAL
6.1 Either party may terminate this Agreement:
(a) at any time by giving not less than three (3) months notice to the other;
(b) with immediate effect if the other party has breached this Agreement and that breach is not remedied within 30 days after written notice is received requiring rectification of that breach.
6.2 On termination of this Agreement the Commonwealth will remove the Data from the ARWPIC Portal within 21 days of termination. As required by relevant legislation the Commonwealth may retain a copy of the Data for record keeping and reporting purposes only.
6.3 Termination of this Agreement does not operate to terminate any licences already granted to others under this Agreement (including clause 2), the AMMC Terms or the Data Contributor Terms. Those licences continue notwithstanding termination. The AMMC will not be responsible for notifying any third party or recovering any Data provided to others prior to the termination of this Agreement.
7. DEFINITIONS
Agreement means this agreement, its terms and conditions, any schedules and attachments.
AMMC means the Australian Marine Mammal Centre and in the context of this Agreement the Commonwealth of Australia as a party to this Agreement and the legal entity representing and responsible for the Australian Marine Mammal Centre.
AMMC Terms means the terms and conditions applied by the AMMC on users of the ARWPIC Portal.
ARWPIC Portal means the website with the URL https://data.marinemammals.gov.au/arwpic or any URL replacing it and associated web‐services and internet publishing tools.
Contact means the individual nominated in the Schedule to liaise with AMMC or data users on the Data.
Data means digitised data, metadata, records or information provided by the Data Contributor to the ARWPIC Portal and includes: occurrence data, species facts (behaviour, habitat, interactions), individual data (including descriptions of morphological characteristics, behaviour, interactions, life history, genetics), sampling data, geospatial data, databases, multimedia – including images, video, sound files; including any intellectual property rights in that Data.
Data Contributor means the individual or organisation or custodian set out in the Schedule and a party to this Agreement.
Data Contributor Terms means the terms and conditions applied by the Data Contributor on the use of the Data as described in the Schedule to this Agreement.
Derivatives means the work created from the reproduction, copying, modification, analysis, adaption and/or processing of the Data including into other formats.
Disseminate means the reproduction, publication, communication to the public or other dissemination or making available to the public or data users of Data or Derivatives.
Embargo Period means the number of months for which access to a nominated Data record is restricted.
Public Domain means not subject to copyright protection because copyright has expired or does not qualify for copyright (e.g. ideas or facts contained in a work, concepts, styles, facts, names, titles, slogans).
Restrictions means any additional restrictions, encumbrances, or limitations on the access or use of the Data, other than any Data Contributor Terms notified in the Schedule.
Use means:
(a) access, reproduce, store, cache, manage, display and use the Data;
(b) reproduce, copy, modify, adapt, analyse and/or process the Data including into other formats e.g. electronic formats i.e. make Derivatives;
(c) incorporate all or part of the Data and Derivatives into larger data collations.
Data User:
Data User contact details:
Data Contributor Terms:
The Standard Attribution will include data contributor Name, Institution, a link to ARWPIC and reference to the Creative Commons Attribution-NonCommercial-No Derivatives 3.0 licence.
Additional attribution requirements (please specify):
Invitation to participate in paper(s)/report(s) required?
Embargoed Data periods:
As nominated upon entry of Data into ARWPIC.
AGREED by the parties by authorised signatories:
AMMC |
Dr Mike Double
Leader, Australian Marine Mammal Centre
Australian Antarctic Division
203 Channel Highway
KINGSTON TAS 7050
T: +61 3 6232 3209
E: Mike.Double@aad.gov.au
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Data User |
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I agree Yes No
1. PREAMBLE
1.1 This Agreement sets out the rights and undertakings of the Data Contributor and the AMMC in respect of data contributions to ARWPIC (Australasian Right Whale Photo-Identification Catalogue).
1.2 ARWPIC provides a platform for sharing sighting, image and other related information for photo-identified southern right whales. ARWPIC is an initiative of southern right whale researchers and managers. It aims to improve conservation management capacity and data analysis opportunities through data sharing. In this spirit, and recognising that photo-identification data is most useful when collections are pooled, ARWPIC provides for access to Data for non-commercial science, management and education activities, with appropriate acknowledgement and/or involvement of Data Contributors.
1.3 ARWPIC provides access to Data in accordance with the Terms of the ARWPIC Data Contributor Agreement and the ARWPIC Data User Agreement. Data Contributors are required to submit data under the standard Terms of the ARWPIC Data Contributor Agreement.
2. THE LICENCE
2.1 The Data Contributor grants to the AMMC a non‐exclusive, worldwide and free licence to the Data to:
(a) use the Data for and via the ARWPIC portal;
(b) make available the Data and Derivatives in accordance with the Terms of this Agreement, Data Contributor Terms, AMMC Terms, and the Terms of the Creative Commons CC BY-NC-SA Version 3.0 Australia Licence.
2.2 All information in the Public Domain will remain in the Public Domain. Neither the AMMC nor Data Contributors will seek to assert any IP rights over any Public Domain materials that are made available through the ARWPIC Portal.
3. DATA CONTRIBUTOR RIGHTS AND UNDERTAKINGS
3.1 The Data Contributor is free to make available, use or publish the Data elsewhere.
3.2 The Data Contributor warrants that it is the owner of the Data or that it has the necessary rights, licences or permissions to make the Data available in accordance with this Agreement.
3.3 The Data Contributor will make reasonable efforts to ensure that the Data is accurate at the time of its collection or creation, and will provide updated versions of the Data whenever relevant and possible. The Data Contributor will not be liable for any omissions or inaccuracies in the Data.
3.4 The Data Contributor will provide a Contact to assist with liaison and queries with respect to the Data.
3.5 Where the Data Contributor requires a specific attribution for the Data, notification of Data use, and/or an invitation to participate in paper(s)/report(s) arising from the Data, it will include that attribution and/or those requirements in the Schedule by completing the applicable form on registering to use ARWPIC.
3.6 Where the Data Contributor requires an Embargo Period for any part of the Data, it must specify the Embargo Period on entering Data into ARWPIC. Images and summary information associated with Data subject to an Embargo Period will be publicly available via the ARWPIC Portal, but Data subject to an Embargo Period will not be licenced for access via the ARWPIC Portal.
3.7 The Data Contributor will provide information about Data origins, sufficient to allow users of the Data to understand the source and applicability of the Data.
3.8 The Data Contributor will make the Data available to the AMMC by uploading and processing it through the ARWPIC Portal, unless other arrangements are agreed between the Data Contributor and the AMMC.
3.9 The Data Contributor warrants that the Data does not contain any Restrictions such as confidentiality, privacy/personal information, sensitive data issues or other restrictions which affect the use of the Data as permitted under this Agreement.
3.10 The Data Contributor may nominate Data Contributor Terms in the Schedule in relation to attribution, notification of use, and invitation to participate in paper(s)/report(s), and during data entry for embargo periods on Data. If any Data Contributor Terms are notified, the AMMC reserves the right to determine at its absolute discretion whether the Data should be included in ARWPIC.
3.11 The Data Contributor warrants that its supply of Data under this Agreement does not contravene any relevant laws or obligations to others.
4. AMMC RIGHTS AND UNDERTAKINGS
4.1 The AMMC does not assert any intellectual property rights in the Data that is made available through the ARWPIC Portal, including where that Data is made available as part of a Derivative.
4.2 Subject to clause 4.5, the AMMC will make the Data or Derivative available via the ARWPIC Portal in accordance with the terms of this Agreement, the AMMC Terms and the Data Contributor Terms.
4.3 If requested, the AMMC will provide to the Data Contributor, usage statistics on the use of the Data via the ARWPIC Portal.
4.4 The AMMC will provide appropriate attribution to the Data Contributor as the source of the Data and will also indicate any Data Contributor Terms attached to the relevant Data in any Data Access Agreement.
4.5 The AMMC reserves the right to include or remove Data and Derivatives in part or in whole from the ARWPIC Portal as it sees fit.
5. LIMITATION OF LIABILITY
5.1 To the fullest extent permitted by applicable law, the AMMC (including its employees and contractors), Skadia Pty Ltd (including its employees and contractors) and developers, curators and managers of ARWPIC exclude all liability to any person for any consequences, including but not limited to all losses, damages (including indirect, special or consequential damages), costs, expenses and any other compensation, arising from this Agreement, the use of the Data or, inability to access the ARWPIC Portal.
5.2 The AMMC and the Data Contributor will promptly notify the other party of any actual or suspected infringement of the Data that it becomes aware of. The parties will consult on an appropriate course of action, however the Commonwealth is not under any obligation to take legal or other action on behalf of the Data Contributor or other rights holders in the event of the breach of any rights in the Data or the Data Contributor Terms.
6. GENERAL
6.1 Either party may terminate this Agreement:
(a) at any time by giving not less than three (3) months notice to the other;
(b) with immediate effect if the other party has breached this Agreement and that breach is not remedied within 30 days after written notice is received requiring rectification of that breach.
6.2 On termination of this Agreement the Commonwealth will remove the Data from the ARWPIC Portal within 21 days of termination. As required by relevant legislation the Commonwealth may retain a copy of the Data for record keeping and reporting purposes only.
6.3 Termination of this Agreement does not operate to terminate any licences already granted to others under this Agreement (including clause 2), the AMMC Terms or the Data Contributor Terms. Those licences continue notwithstanding termination. The AMMC will not be responsible for notifying any third party or recovering any Data provided to others prior to the termination of this Agreement.
7. DEFINITIONS
Agreement means this agreement, its terms and conditions, any schedules and attachments.
AMMC means the Australian Marine Mammal Centre and in the context of this Agreement the Commonwealth of Australia as a party to this Agreement and the legal entity representing and responsible for the Australian Marine Mammal Centre.
AMMC Terms means the terms and conditions applied by the AMMC on users of the ARWPIC Portal.
ARWPIC Portal means the website with the URL https://data.marinemammals.gov.au/arwpic or any URL replacing it and associated web‐services and internet publishing tools.
Contact means the individual nominated in the Schedule to liaise with AMMC or data users on the Data.
Data means digitised data, metadata, records or information provided by the Data Contributor to the ARWPIC Portal and includes: occurrence data, species facts (behaviour, habitat, interactions), individual data (including descriptions of morphological characteristics, behaviour, interactions, life history, genetics), sampling data, geospatial data, databases, multimedia – including images, video, sound files; including any intellectual property rights in that Data.
Data Contributor means the individual or organisation or custodian set out in the Schedule and a party to this Agreement.
Data Contributor Terms means the terms and conditions applied by the Data Contributor on the use of the Data as described in the Schedule to this Agreement.
Derivatives means the work created from the reproduction, copying, modification, analysis, adaption and/or processing of the Data including into other formats.
Disseminate means the reproduction, publication, communication to the public or other dissemination or making available to the public or data users of Data or Derivatives.
Embargo Period means the number of months for which access to a nominated Data record is restricted.
Public Domain means not subject to copyright protection because copyright has expired or does not qualify for copyright (e.g. ideas or facts contained in a work, concepts, styles, facts, names, titles, slogans).
Restrictions means any additional restrictions, encumbrances, or limitations on the access or use of the Data, other than any Data Contributor Terms notified in the Schedule.
Use means:
(a) access, reproduce, store, cache, manage, display and use the Data;
(b) reproduce, copy, modify, adapt, analyse and/or process the Data including into other formats e.g. electronic formats i.e. make Derivatives;
(c) incorporate all or part of the Data and Derivatives into larger data collations.
Data User:
Data User contact details:
Data Contributor Terms:
The Standard Attribution will include data contributor Name, Institution, a link to ARWPIC and reference to the Creative Commons Attribution-NonCommercial-No Derivatives 3.0 licence.
Additional attribution requirements (please specify):
Invitation to participate in paper(s)/report(s) required?
Embargoed Data periods:
As nominated upon entry of Data into ARWPIC.
AGREED by the parties by authorised signatories:
AMMC |
Dr Mike Double
Leader, Australian Marine Mammal Centre
Australian Antarctic Division
203 Channel Highway
KINGSTON TAS 7050
T: +61 3 6232 3209
E: Mike.Double@aad.gov.au
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Data User |
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I agree Yes No