1.      PREAMBLE

1.1    This Agreement sets out the undertakings of the Data User in respect of the use of data from ARWPIC (Australasian Right Whale Photo-Identification Catalogue).

2.      THE LICENCE

2.1    The Data are licenced to the Data User under a Creative Commons Attribution-Non-Commercial-Share Alike Version 3.0 Australia Licence and the Data Contributor Terms and AMMC Terms specified in the Schedule to this Agreement.

2.2 The Data User agrees to use of the Data in accordance with the terms and conditions of the Creative Commons Licence specified in clause 2.1, and the Data Contributor Terms and AMMC Terms specified in the Schedule to this Agreement.

3.      PRIVACY

3.1    Data User details are collected for the purposes of putting Data User and Data Contributor in contact, and for generating summary statistics of ARWPIC Portal and Data usage.

3.2 The Data User agrees that its contact details, including name, position, organisation, address, telephone number and email address may be passed on to Data Contributors whose data the Data User has requested.

4.      LIMITATION OF LIABILITY

5.1    To the fullest extent permitted by applicable law, the AMMC (including its employees and contractors), 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.      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.

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 with which the Data User must comply:  

The user must attribute data to the contributors as specified in the export data worksheet tab ‘attribution requirements’.

This includes standard attribution requirements that include each Data Contributor’s Name, Institution, a link to ARWPIC and reference to the Creative Commons Attribution-NonCommercial-No Derivatives 3.0 licence, and any other attribution requirements specified by each contributor. Data Contributors may also require an invitation to participate in paper(s)/report(s).

The Data User will communicate with Data Contributors, via the Leader of the Australian Marine Mammal Centre, describing their project and timelines.

AGREED by the parties by authorised signatories: