ACCEPTANCE OF TERMS
You must be eligible to enter into this Agreement and you must have the legal capacity to use or access the Site.
The International Crops Research Institute for the Semi-Arid Tropics (ICRISAT) [https://www.icrisat.org/] views the products of its research including research dataset(s) as international public goods and is committed to enabling their widespread distribution and use by providing unrestricted public access. This is in line with the ICRISAT Research Data Management Policy<![if !supportFootnotes]><![endif]>, ICRISAT Data Management Policy Implementation Guidelines<![if !supportFootnotes]><![endif]>, CGIAR Principles on the Management of Intellectual Assets (CGIAR IA Principles)<![if !supportFootnotes]><![endif]> and its Implementation Guidelines<![if !supportFootnotes]><![endif]> and the CGIAR Open Access and Data Management Policy<![if !supportFootnotes]><![endif]> and its Implementation Guidelines<![if !supportFootnotes]><![endif]> (each, a “Policy” and together, the “Policies”) and will apply as amended from time to time.
ICRISAT makes all its research data publicly available through the “ICRISAT Dataverse (http://dataverse.icrisat.org/).” It is an open data repository to share, preserve, cite, explore, and analyze the research data.
3. Use of the Materials/Site
By using this Site or downloading, or otherwise accessing the ICRISAT Dataverse in any manner, the user acknowledges the following Terms and Conditions:
<![if !supportLists]>a. <![endif]>for non-commercial purposes only such as not for profit research, educational and training purposes; and
<![if !supportLists]>b. <![endif]>solely for reporting aggregated information, and not for investigation of specific individual, entity, organization, or establishment.
<![if !supportLists]> VII. <![endif]>The user shall comply with all applicable local, national, and international laws, regulations, guidelines, and institutional policies pertaining to, or governing, the access, use, publish, and/or transfer of the Data or the activities conducted according to the use of the Data.
4. Copyright and Licenses
<![if !supportLists]>b) <![endif]>ICRISAT may charge reasonable fees, on a case by case basis, beyond actual costs and reasonable processing fees in accordance with CGIAR IA Principles<![if !supportFootnotes]><![endif]>, for providing access to its respective Intellectual Assets by applying for a separate license<![if !supportFootnotes]><![endif]>. Such a license may contain permission to reuse, distribute, and reproduce content even for agreed purposes.
<![if !supportLists]>c) <![endif]>ICRISAT grants this license under the condition that any reuse shall contain attribution of the content to ICRISAT and any named authors of the datasets in the form of citations as per applicable international standards and best practices for citing data, or as otherwise acceptable to ICRISAT in its reasonable discretion. Notwithstanding the foregoing, ICRISAT reserves all the right, in its reasonable discretion to choose not to be associated with certain reports, publications, and other products that cite the relevant data, and in any such event, ICRISAT may notify the user, and the user shall promptly comply with ICRISAT’s requests related thereto.
5. Attribution for Adaptations and Derivatives
<![if !supportLists]>a) <![endif]>Attribution: Regardless of any other license terms governing the access, and/or use of a dataset, any use of the dataset or their content must be attributed with proper citation according to internationally recognized citation format standards to include: authorship, year, the title of the dataset, publisher, and reference URI (Uniform Resource Identifier).
<![if !supportLists]>b) <![endif]>Adaptations: Except as otherwise specified by ICRISAT, if you access, and/or use a dataset from this Site or under any other license from ICRISAT that permits you to make adaptations, you must add (after the attribution language) the following explanation to the adaptation that you create:
“This data was provided by the International Crops Research Institute for the Semi-Arid Tropics (ICRISAT). ICRISAT bears no responsibility or liability for the analyses or interpretations of the data presented here.”
6. Third Parties
7. No right on logo and marks
<![if !supportLists]>b) <![endif]>This Site may also include the product, service, and organization/entity names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
9. Disclaimers and no warranty
IN NO EVENT SHALL ICRISAT, ITS DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY INTERRUPTION OF THE SITE, ERRORS, MISTAKES, INACCURACIES OF CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR CONTENT, ANY BUGS, VIRUSES, TROJAN HORSES, OR MALICIOUS CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
<![if !supportLists]>· <![endif]>violation of intellectual property rights;
<![if !supportLists]>· <![endif]>misrepresentation of identity;
<![if !supportLists]>· <![endif]>protection of this Site from perceived threats electronic or otherwise; and
<![if !supportLists]>· <![endif]>illegal activity on this Site;
<![if !supportLists]>· <![endif]>libelous, defamatory, hateful, or otherwise objectionable
<![if !supportLists]>b) <![endif]>The user undertakes and declares that it shall not to use or access directly or indirectly the servers or clouds or its link in any manner that compromises the security features of the Site including, without limitation: (a) unauthorized access to any data or information by logging onto an account, access devices or processor; (b) any attempt of investigation or test of the server and website of whatsoever nature for its authentication measures, security measures and other similar features regardless of your motives or intent; (c) any attempt to interfere with or disrupt the functioning of the web service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; (d) any attempt for sending advertising materials or unsolicited contents, etc.
<![if !supportLists]>c) <![endif]>Prohibited Use:
<![if !supportLists]> i. <![endif]>You shall not sell or rent any part of the Content or create any collective work that includes any part of the Content;
<![if !supportLists]> ii. <![endif]>You shall not involve in the sale of advertisements, sponsorships, or promotions placed on the Site Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Content, including without limitation any “pop-up advertisements”.
<![if !supportLists]> iii. <![endif]>If you distribute, publicly display, transmit, publish, or otherwise make available any Content or any derivative works thereof, you must also provide the following notice prominently along with such Content or derivative work thereof: “The Content is available at http://dataverse.icrisat.org/”.
<![if !supportLists]>a) <![endif]>Except as permitted under Section 4, the user may not assign, transfer, or delegate any of its rights and obligations hereunder without the consent of ICRISAT.
<![if !supportLists]>e) <![endif]>ICRISAT reserves all the rights to (i) modify, suspend or terminate operation of or access to the Site or any functions or features, without prior notice, for any reason; (ii) interrupt the operation of the Site or any functions or features, as necessary to perform routine or non-routine maintenance, technical upgradation, error correction, or other changes.
12. Amendment, Termination and Effect of Termination
13. Governing Law and dispute resolution:
<![if !supportLists]>d. <![endif]>It is understood and agreed that the provisions of this paragraph shall not constitute nor imply the waiver by ICRISAT of its privileges and immunities granted under the law.
If you have any questions, or you find anything wrong or missing, please send an email with the details to email@example.com.
Last updated on Sept 23, 2020.
<![if !supportFootnotes]><![endif]> http://www.icrisat.org/wp-content/uploads/Implementation-Guidelines-for-the-CGIAR-Open-Access-and-Data-Management-Policy.pdf
<![if !supportFootnotes]><![endif]> on the condition that this possibility of charging fees does not divert ICRISAT from the fulfillment of the CGIAR Vision. ICRISAT shall use any revenue generated from Intellectual Asset management in line with and to support the CGIAR Vision. The use of such revenue shall be transparently reported in the regular Center financial reporting, as per Article 7 of the “CGIAR IA Principles”.
<![if !supportFootnotes]><![endif]> which may allow limited exclusivity that refers to excluding datasets from being open for a limited time period, or geographical/domain purview; at the same time allowing research exemption which means that the data and information resources shall be made available for research purposes even though they may be under limited exclusivity.