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End User Licence
This Agreement is made between you and the University of Essex (also referred
to as the "registrar") and the service funders in order to provide you (the
"End User") with the right to use the collections provided via the ESRC/JISC
Census Programme, the Economic and Social Data Service (ESDS) and the UK Data
Archive, according to the terms below.
In this agreement:
"Data Team" means in relation to a particular data collection, the
registrar, the relevant data service providers, and (to the extent that the
Special Conditions and/or metadata specific to a particular data collection
expressly provide) the service funders, data collection funders and/or original
data creators or depositors.
"data service provider" means the persons or organisations that directly
provide you with the data collections (on behalf of the service funder). The
data service provider for a particular data collection is identified in the
Special Conditions and/or metadata applicable to that data collection;
"service funder" means the persons or organisations that fund the data
service provider as defined above. The service funder for a particular data
collection is identified in the Special Conditions and/or metadata applicable
to that data collection;
"data collection funder" means the persons or organisations that funded
the collection and/or creation of the data collections. The data collection
funder for a particular data collection is identified in the Special Conditions
and/or metadata applicable to that data collection;
"original data creator or depositor" means the persons or organisations
that originally collected, created or deposited the materials making up the
data collections and/or who own the intellectual property rights in the data
collections. The original data creator or depositor for a particular data
collection is identified in the Special Conditions and/or metadata applicable
to that data collection;
"registrar" means the person or organisation responsible for the system
that registers End Users and issues them with End User Licences (being the
University of Essex);
"Special Conditions" means any further conditions applicable to the use
of one or more data collections by an End User, as notified to the End User in
accordance with paragraph 5 of the End User Licence.
"metadata" means any additional or bibliographic information about one
or more of the data collections, as notified to the End User from time to time.
Metadata may be supplied by electronic means.
I (the "End User") agree to the following conditions of use in consideration of
the data collections being made available to me through the various
contributions of each member of the Data Team:
- To use the data collections only in accordance
with this End User Licence and to notify promptly the registrar and the data
service provider of any breach of its terms in writing or of any infringements
of the data collections of which I become aware.
- To use and to make personal copies of any part
of the data collections only for the purposes of not-for-profit research or
teaching or personal educational development. To obtain permission prior to
using part or all of the data collections for commercial purposes by contacting
the registrar and/or relevant data service provider, where relevant, in order
to obtain an appropriate licence from the rights holder(s) in question or their
permitted licensee if one is available.
- That this Licence does not operate to transfer
any interest in intellectual property from the data collection funders, service
funder(s), the data service providers, the original data creators, producers,
depositors, copyright or other right holders (including without limitation the
ONS or the Crown ) to me. That any rights subsisting in materials derived now
or in the future from the data collections which are the intellectual property
of the Crown are hereby assigned (by way of assignment of present and future
intellectual property) to the Crown by this Licence to the extent not already
vested in the Crown. To take all steps necessary to give effect to this Clause
(including by executing further written documentation).
- That the Licence and the data collections are
provided by the Data Team on an "as is" basis and without warranty or liability
of any kind. Any representations or warranties given by any member of the Data
Team relating to this licence, expressed or implied, are excluded to the
maximum extent permitted by law.
- To abide by any further conditions notified to
me from time to time by the registrar or the relevant data service provider
that may apply to the access to, or use of, specific materials within the data
collections or particular data collections. Notice of further conditions under
this paragraph may be given to me by electronic means, for example, by way of a
pop-up window upon my ordering one or more data collections. My acceptance of
the further conditions shall be required before I gain access to the data
collections in question. In this Agreement such further conditions are referred
to as Special Conditions.
-
To give access to the data collections, in whole
or in part, or any material derived from the data collections, only to
registered End Users who have entered into an End User Licence and accepted the
relevant Special Conditions necessary to access and use the data collections
(with the exception of data collections or material derived from data
collections supplied for the stated purpose of teaching or included in
publications made for the purposes set out in paragraph 2).
- To ensure that the means of access to the data
(such as passwords) are kept secure and not disclosed to a third party except
by special written permission or licence obtained from the original data
service provider.
- To preserve at all times the confidentiality of
information pertaining to individuals and/or households in the data collections
where the information is not in the public domain. Not to use the data to
attempt to obtain or derive information relating specifically to an
identifiable individual or household, nor to claim to have obtained or derived
such information. In addition, to preserve the confidentiality of information
about, or supplied by, organisations recorded in the data collections. This
includes the use or attempt to use the data collections to compromise or
otherwise infringe the confidentiality of individuals, households or
organisations.
- To acknowledge, in any publication, whether
printed, electronic or broadcast, based wholly or in part on the data
collections, the original data creators, depositors or copyright holders, the
service funders and the data service provider(s) in the form specified on the
data distribution notes or in accompanying metadata received
with the dataset or notified to me and without prejudice to paragraph 5 above
to comply with any restrictions on my use of the data collections referred to
or referenced therein or otherwise notified to me from time to time. To cite,
in any publication, whether printed, electronic or broadcast, based wholly or
in part on the data collections, the data collections used in the form
specified on the data distribution notes or in accompanying metadata received
with the dataset or notified to me.
- To supply the relevant data service provider
with the bibliographic details of any published work based wholly or in part on
the data collections.
- That the members of the Data Team may hold and
process any personal data submitted by me for validation and statistical
purposes, and for the purposes of the management of the service or for any
other lawful purpose notified to me and to which I have consented under this
Agreement in relation to a particular data collection, and they may also pass
the information on to other parties such as: (i) depositors and distributors of
material contained in or accessed via the data service provider; (ii) copyright
and other intellectual property rights owners whose material is held by the
data service provider; as well as (iii) each member of the Data Team's
organisation and (iv) my own institution or organisation, in compliance with
the Data Protection Act 1998.
- To notify the data service provider of any
errors discovered in the data collections.
- That any personal data submitted by me is
accurate to the best of my knowledge, and that any changes in that personal
data, including my educational or employment status, will be made known to the
registrar at the earliest possible opportunity.
- To meet any charges that may from time to time
be levied by any member of the Data Team for the supply of the data collections
including, where relevant, annual service fees and royalty fees.
- At the conclusion of my research (or if earlier
at any time at the request of a member of the Data Team), to offer for deposit
in the data collection(s) on a suitable medium and at my own expense any new
data collections which have been derived from the materials supplied or which
have been created by the combination of the data supplied with other data. The
deposit of the derived data collection(s) will include sufficient explanatory
documentation to enable the new data collection(s) to be accessible to others.
- I understand that breach of any of the
provisions of this Agreement will lead to immediate termination of my access to
all services provided by the Data Team either permanently or temporarily, at
the discretion of a member of the Data Team, and may result in legal action
being taken against me. I understand that where there is no breach of this
Licence, it may be terminated, or its terms altered, by a member of the Data
Team either after 30 days notice; or, if a service charge has been paid in
advance, at the end of the period for which payment has been made, whichever is
the longer. The failure to exercise or delay in exercising a right or remedy
provided by this Agreement or by law does not constitute a waiver of the right
or remedy or a waiver of other rights or remedies.
DISCLAIMERS
To the extent that applicable law permits:
- The members of the Data Team bear no legal responsibility for the accuracy or comprehensiveness
of the data supplied.
- The members of the Data Team accept no liability for, and I will not be entitled to claim
against them in respect of, any direct, indirect, consequential or incidental damages or
losses arising from use of the data collections, or from the unavailability of, or break in
access to, the service, for whatever reason.
- Whilst steps have been taken to ensure all licences, authorisation and permissions required
for the granting of this Licence have been obtained, this may not have been possible in all cases,
and no warranties or assurance are given in this regard. To the extent that additional licences,
authorisations and permissions are required to use the data collections in accordance with this
Licence, it is the End User's responsibility to obtain them.
- I agree to indemnify and shall keep indemnified each member of the Data Team against any costs,
actions, claims, demands, liabilities, expenses, damages or losses (including without limitation
consequential losses and loss of profit, and all interest, penalties and legal and other professional
costs and expenses) arising from or in connection with any third party claim made against any member
of the Data Team relating to my use of the data collections or any other activities in relation to
the data where such use is in breach of this licence.
If the whole or any part of a provision of this Agreement is void, unenforceable
or illegal for any reason, that provision will be severed and the remainder of the provisions of
this Agreement will continue in full force and effect as if this Agreement had been executed with
the invalid provision eliminated.
This Agreement may be enforced separately in relation to each data collection
provided to the End User by any member of the Data Team and the End User. No other persons may
enforce this Agreement under the Contract (Rights of Third Parties) Act 1999.
This Agreement (which is the entire agreement between the parties and supersedes any previous
agreement between them) may be varied in writing by agreement of the relevant service funders,
the registrar, and the End User (who may give its consent to such variations by electronic means).
No consent from any other party is required to vary or rescind this Agreement.
This Agreement and any documents to be entered into pursuant to it shall be governed by and
construed in accordance with the laws of England and Wales and each Party irrevocably submits
to the exclusive jurisdiction of the courts of England and Wales over any claim or matter
arising under or in connection with this Agreement and the documents entered into pursuant to it.
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