ACCEPTANCE OF TERMS
By using this Site in
any manner, downloading or otherwise accessing any dataset or other materials
or content made available through it, you (“you” or “user”), acknowledge that
you read, understand, and intend these Terms of Use to be the legal equivalent
of a signed, written contract and equally binding and that you accept the terms
of Use without any exception or exemption and agree to be legally bound by
these Terms of Use.
If you do not agree to
all of the terms and conditions contained in the Terms of Use, do not access or
use this Site.
You
must be eligible to enter into this Agreement and you must have the legal
capacity to use or access the Site.
Agreement
on Terms of Use and Data Sharing
(August 2020)
1. Preamble
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[1],
ICRISAT Data Management Policy Implementation Guidelines[2], CGIAR
Principles on the Management of Intellectual Assets (CGIAR IA Principles)[3] and
its Implementation Guidelines[4] and
the CGIAR Open Access and Data Management Policy[5] and
its Implementation Guidelines[6] (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.
ICRISAT is the owner of the “ICRISAT
Dataverse” (sometimes referred to in these Terms of Use as the “Site”). The Statistics,
Bioinformatics, and Data Management (SBDM) Theme of ICRISAT operate this Site
on behalf of ICRISAT. For questions about these terms of use, licenses, or
concerns, please contact sbdm@cgiar.org. In the event of any conflict between these
Terms of Use and either of the Policies, the terms of the applicable Policy
shall control with respect to, and to the extent of, any such conflicting
terms.
2. Adoption, Acceptance, and
Changes to Terms of Use
By using this Site, downloading
or otherwise accessing any dataset or other materials or content made available
through it, you (“you” or “user”), acknowledge that you read, understand, and
intend these Terms of Use to be the legal equivalent to a signed, written
contract and equally binding and enforceable and that you accept the terms of
and agree to be legally bound by these Terms of Use. ICRISAT may change these
Terms of Use anytime without prior notification. However, any modifications to
the Terms of Use shall only be effective for the download/use of this Site after
such modification. Your continued access, download of datasets, or any other
use of this Site after reasonable notice of such modification shall be
conclusively deemed acceptance of any such modification to these Terms of Use.
You agree that notice of changes to these Terms of Use posted on this Site
constitutes reasonable and sufficient notice. We consider it is incumbent upon
users to read these terms to be aware of changes. At all times, you are bound
by the then current version of these Terms of Use and all applicable laws and
regulations. Accordingly, we highly recommend that you review these Terms of
Use from time to time to ensure that you are familiar and aware of the most
recent version.
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:
a. for
non-commercial purposes only such as not for profit research, educational and training
purposes; and
b. solely
for reporting aggregated information, and not for investigation of specific
individual, entity, organization, or establishment.
VII.
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.
In addition, you may not use Content
in any manner that suggests the endorsement, validation, or association of any
third-party entity, person, product, or service by ICRISAT unless prior express
written permission has been given by ICRISAT. Except as expressly permitted
hereunder in Section 4, you may not under any circumstances: (a) copy, print,
or download in any medium all or substantially all of the Content; (b) modify
or alter any Content; or (c) copy, distribute, or reverse engineer any
underlying software code used for this Site and/or Content. Unless and except
as otherwise expressly permitted by these Terms of Use, you may not access,
copy, reproduce, modify, create derivative works of, alter, publicly
distribute, republish, upload, post, transmit, publicly perform or display,
license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, robots
or similar data and/or image gathering and extraction methods in connection
with the Site or Content, or otherwise use any information or material obtained
from or through this Site, without written permission from ICRISAT. You may not
remove or obscure any copyright notices or other notices including related to intellectual
property rights from this Site or any content available on or through this
Site. Any unauthorized access or use of this Site or the Content shall
terminate the permission granted by these Terms of Use without any notice and
may violate applicable laws or regulations, including copyright, trademark, and
commercial regulations and statutes.
4. Copyright and Licenses
a)
ICRISAT is the owner of the
datasets that are produced by ICRISAT. In addition, ICRISAT is the owner of
this Site, images, and the data, datasets, and other content provided on this
Site (all such content collectively, the “Content”) are the exclusive property
of ICRISAT and/or its affiliates, or are used with permission from third-party
licensors, and are protected by law, including both national and international
laws and regulations. Except as expressly provided in these Terms of Use, ICRISAT
does not grant any other right (express or implied) to you. ICRISAT owns all
the rights including copyright in this Site as a collective work and/or
compilation and its datasets accessible on or through this Site.
b)
ICRISAT may charge reasonable
fees, on a case by case basis, beyond actual costs and reasonable processing
fees in accordance with CGIAR IA Principles[7], for providing access to its
respective Intellectual Assets by applying for a separate license[8]. Such a license may contain permission to
reuse, distribute, and reproduce content even for agreed purposes.
c)
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
a) 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).
b) 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
In general, no matter what
license applies to each particular dataset, there may be links or references on
this Site to third parties and material owned (in whole or part) by third
parties, including datasets that may have more restrictive terms of use. You
agree and acknowledge that we shall not be responsible for such content or data
of third parties in any manner or circumstances whatsoever. ICRISAT, therefore,
does not warrant that the use of any third-party-owned datasets, individual
components/elements, data, or other material contained or otherwise made
available on or through this Site (collectively “Third-Party Materials”) will
not infringe on or otherwise violate the copyright or other rights of third
parties. The risk and liability of claims resulting from such infringement or
other violation or unauthorized access and/or use rest solely with users of
this Site. If you wish to re-use any such Third-Party Materials, it is your
responsibility to determine whether permission is needed for that re-use and to
obtain separate permission from the applicable owner. Any description of, a reference
to, or link to third party/ies product, publication, or service does not imply
endorsement of any kind unless expressly stated by ICRISAT. ICRISAT expressly
disclaims any responsibility for the content, the accuracy of the information,
and/or quality of product or service provided by or otherwise made available by
such third party (including the Third-Party Material/s, and/or any information
and material on any third-party site/s). ICRISAT shall not be responsible for
transactions of any nature or kind between you and any third party.
7. No right on logo and marks
a)
Nothing in these Terms of Use or
on this Site shall be construed as conferring any right to use in advertising,
publicity or other promotional activities, any name, trade name or other
designation of ICRISAT or granting you any right or license to use any
trademarks, and logos displayed on the Site. Unless otherwise noted,
INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI-ARID TROPICS, ICRISAT, ICRISAT
DATAVERSE, and other brands and logos featured on this Site constitute ICRISAT’s
trade/service marks, You agree not to: (a) use or register any name, logo or
insignia of ICRISAT or any of its projects for any purpose including publicity
releases, business, advertising or email communications or in any other mode or
manner of communication, including partner/collaborator lists, without seeking
prior written approval of the ICRISAT; (b) challenge or contest the validity or
ICRISAT’s ownership of such trademarks, any of the Content, or any other
intellectual property of ICRISAT; or (c) assist any third party in doing so.
b)
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.
8. Indemnification
The user shall indemnify and
hold harmless ICRISAT, its affiliates and related organizations, and each of
their respective officers, directors, employees, legal representatives, agents,
successors and assigns, from and against any damages, liabilities, judgments,
settlements, costs, and expenses (including reasonable attorneys’ and
professionals’ fees and court costs arising out of any third-party claims based
on (a) the use or misuse of this Site or data or any other materials or Content
made available through this Site; (b) any changes made by the user to the accessed
and/or downloaded data; (c) any breach by the user of any of the term and
conditions of these Terms of Use; (d) ) infringement by you, or any third party
using your account, of any intellectual property or other rights of any person
or entity, including third-party material, and including but not limited to any
breach by you of these Terms of Use.
The user also agrees to defend
and indemnify ICRISAT in case of any claim on account of any negligent act or
omission concerning this Terms of Use or any violation of applicable law, rule,
or regulation including the litigation costs.
9. Disclaimers and no warranty
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SITE IS AT YOUR SOLE
RESPONSIBILITY OF RISK. ICRISAT PROVIDES THE DATA AND
OTHER MATERIALS ON THE ICRISAT DATAVERSE AND ALL CONTENT ON AN “AS IS,” AND “AS
AVAILABLE” BASIS, AND ICRISAT EXPRESSLY DISCLAIMS ALL WARRANTIES
REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED,
ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ICRISAT, WITH
RESPECT TO ALL SUCH DATA AND OTHER CONTENT (INCLUDING, BUT NOT LIMITED TO ANY
WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, ACCURACY, TIMELINESS, AND COMPLETENESS) TO THE
MAXIMUM EXTENT ALLOWED BY LAW. ICRISAT FURTHER DISCLAIMS AND SHALL HAVE NO
LIABILITY FOR, ANY ERRORS, OMISSIONS, INACCURACIES, OR INTERRUPTIONS IN THE
DATA, ANY OTHER CONTENT, OR THIS SITE. USERS SHALL NOT MAKE ANY STATEMENT
REGARDING THE USE OF THE ICRISAT DATAVERSE THAT IS CONTRADICTORY TO OR
INCONSISTENT WITH THE FOREGOING STATEMENTS. IN NO EVENT SHALL ICRISAT BE LIABLE
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING UNDER OR RELATING TO THESE TERMS OF USE, OR FOR LOST PROFITS,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ICRISAT SHALL NOT BE LIABLE
TO ANY THIRD PARTIES FOR ANY CLAIM OR DEMAND BASED ON OR RELATING TO THESE
TERMS OF USE, OR ACCESS OR USE OF THE ICRISAT DATAVERSE.
No Liability
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.
10. Misuse
a)
ICRISAT reserves all the right in
its sole discretion to cancel or suspend access to the dataset or any material
in the ICRISAT Dataverse or any other Content, or terminate these Terms of Use,
at any time and for any reason, including but not limited to the following
reasons:
·
violation of these Terms of Use;
·
violation of intellectual
property rights;
·
misrepresentation of identity;
·
protection of this Site from
perceived threats electronic or otherwise; and
·
illegal activity on this Site;
·
libelous, defamatory, hateful,
or otherwise objectionable
b) 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.
c) Prohibited Use:
i.
You
shall not sell or rent any part of the Content or create any collective work
that includes any part of the Content;
ii.
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”.
iii.
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/”.
11. Miscellaneous
a)
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.
b)
No agency, partnership, joint
venture, or employment relationship is created as a result of these Terms of
Use and the User has no authority of any kind to bind ICRISAT in any respect
outside of the terms described within these Terms of Use.
c)
Failure to insist on strict
performance of any of the provisions of these Terms of Use will not operate as
a waiver of any subsequent default or failure of performance. No waiver by ICRISAT
of any right under these Terms of Use will be deemed to be either a waiver of any
other right or provision or a waiver of that same right or provision at any
other time. Any rights not expressly granted under these Terms of Use are
reserved by ICRISAT.
d)
If any provision of these Terms
of Use is held unlawful, void, or unenforceable for any reason under the
applicable law, that provision shall be enforced to the maximum extent
permissible to affect the intent of the parties, and the remainder of these
Terms of Use shall continue in full force and effect.
e)
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
a) These Terms of Use may be amended or revised by ICRISAT.
b) ICRISAT reserves all the right to suspend or terminate these
Terms of Use, and/or to discontinue the site for any reason whatsoever.
c) The user may terminate this
Agreement on Terms of Use and Data Sharing by giving a thirty (30) days’ notice
to ICRISAT.
d) This Agreement on Terms of
Use and Data Sharing shall immediately terminate if the user:
i)
breaches any provision of Terms of Use that is not capable of being
remedied;
ii)materially
breaches any provision of Terms of Use that is capable of being remedied but
not remedied within thirty (30) days as of the date of notice sent to the user
by ICRISAT.
e) upon the termination of this
Agreement on Terms of Use and Data Sharing, the user must return and/or destroy
copies of the Data within seven (7) days of the date on which termination takes
effect and certify ICRISAT that this has been complied with. This clause shall
survive the termination of this agreement.
f) termination of this Agreement
on Terms of Use and Data Sharing shall not affect any obligation by either
party to the other which are outstanding as at the effective date of
termination nor any of the provisions of this Agreement which are expressed to
survive termination.
13. Governing
Law and dispute resolution:
a. This Agreement on Terms
of Use and Data Sharing is construed in
accordance with and shall be governed by the General Principles of Law,
including UNIDROIT Principles for International Commercial Contracts, to the
exclusion of any single national system of law.
b. Except as otherwise provided in this Agreement
on Terms of Use and Data Sharing,
the ICRISAT and the user agree to make every effort to settle amicably any
dispute that may arise between them in connection with these
Terms of Use.
c. If resolution is not reached through
consultation or negotiation, all disputes arising out of or in connection with Terms
of Use shall be finally settled under the
Rules of Arbitration of the United Nations Commission on International Trade
Law (UNCITRAL) by one or more arbitrators as agreed to by the Parties and
appointed in accordance with such Rules. All arbitration rulings under this
provision shall be final. The language for arbitration proceeding will be
English and the place for arbitration shall be at Hyderabad, India.
d. 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 sbdm@cgiar.org.
Last updated on Sept 23, 2020.
[2]
http://www.icrisat.org/wp-content/uploads/Implementation-Guidelines-for-the-CGIAR-Open-Access-and-Data-Management-Policy.pdf
[7] 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”.
[8] 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.