ANIMA Data Usage and Contributor Agreement
ANIMA Data Usage and Contributor Agreement [draft, not final]
By obtaining and using contents of the ANIMA Database, you (the User or the Contributor, as applicable) agree to abide by the following terms. These constitute the license granted to the User by the ANIMA Database and its Contributors; and the license granted to the ANIMA Database by its Contributors.
1. Definitions of Capitalized Words
“Database” refers to the ANIMA Database, including all Contents therein, its web interface, and its ancillary content, including documentation, tutorials, and related material.
“Database Owners” refers to the copyright holders of the ANIMA Database, specifically Forschungszentrum Jülich […]
“Licensor” refers collectively to the Database Owners and the Contributors to the Database
“Contributor” refers to a person who contributes data to the Database, and specifically has the authority to do so.
“User” refers to anyone who accesses and makes use of the Contents of the Database.
“Content” refers to any data item, including metadata, contributed to the Database.
“Agreement” and “License” refer to the present document, and the license described herein.
Words in the singular include the plural and vice versa.
2. Rights granted to the Database Owners by the Contributor
2.1. The Contributor grants access and any non-commercial use of the contributed Content to the Database Owners and its Users, subject only to the terms in this Agreement. This license is non-exclusive, worldwide, and royalty-free.
2.2. The Contributor retains all copyright claims to the contributed data; no copyright is claimed by the Database Owners over the contributed Contents.
2.3. The Contributor grants the Database Owners the right to freely redistribute Database Content, unless this condition is expressly refused by communication to the Database Owners. Whether the right to redistribute is granted shall be clearly indicated in the Database.
3. Rights granted to Users by the Licensor
3.1. Content obtained from the Database may be freely used for any non-commercial purpose, subject to the conditions listed herein.
3.2. Redistribution of Database Contents is only permitted with written consent from the Database Owners, and only for studies whose Contributors have approved redistribution, as in Section 2.3.
4. Attribution
4.1. Any public use of Database Contents, including publication in article or web-based form, must provide attribution, specifically by reference to the Database itself, and the primary article associated with those data. The appropriate references will be specified by the Database.
5. Warranties and Disclaimer
5.1. The Database is licensed by the Licensor “as is” and without any warranty of any kind, either express, implied, or arising by statute, custom, course of dealing, or trade usage. Licensor specifically disclaims any and all implied warranties or conditions of title, non-infringement, accuracy or completeness, the presence or absence of errors, fitness for a particular purpose, merchantability, or otherwise.
6. Liability
6.1. The Licensor is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Agreement, whether by the User or by anyone else, and whether caused by any fault on the part of the Licensor or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages such as loss of revenue, data, anticipated profits, and lost business. This exclusion applies even if the Licensor has been advised of the possibility of such damages.
