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Sample Data Usage Agreement
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(Note: This is a sample Data Usage Agreement for datasets that have de-identified human subject data. This template can be used when forming usage agreements that replace a CC0 usage agreement). TemplateThis is an agreement ("Agreement") between you and the downloader and the owner of the data governing the use of the data and related materials to be downloaded. A. Acceptance of the Data Usage AgreementBy downloading or otherwise accessing the Dataverse, downloader represents his/her acceptance of the terms of this agreement. B. Use of DataUse of the data and materials include but are not limited to viewing parts or the whole of the content including comparing data or content from the materials with data or content in other datasets; verifying research results with the content included here; and extracting and/or appropriating any part of the content here for use in other projects, publications, research, or other related work products. C. Representations and WarrantiesIn use of the data and materials, downloader represents that:
Restrictions in his/her use of the materials, downloaders cannot:
The data is provided "as is" and "as available" and without warranty of any kind, including, but not limited to, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Without limiting the foregoing, researchers who upload datasets do not warrant that:
D. Limitation of LiabilityIn no event shall researchers be liable under contract or any other legal theory with respect to the data (i) for any direct damages, (ii) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. E. IndemnificationDownloader will indemnify and hold uploaders of datasets harmless from and against any and all loss, cost, expense, liability, or damage including, without limitation, all reasonable attorney's fees and court costs, arising from the:
Such losses, cost, expenses, or liabilities shall include, without limitation, all actual, general, special, and consequential damages. F. Dispute ResolutionDownloader and user agree that any cause of action arising out of or related to the downloaded or use of data must be completed within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement shall be governed by and interpreted in accordance with the laws of the state of Texas. All disputes under this agreement will be resolved in the applicable state or federal courts of Texas. Downloader consents to the jurisdiction of such courts and waives any jurisdictional or venue defenses otherwise available. G. Integration and SeverabilityThis agreement represents the entire agreement between downloader and researchers with respect to the downloading /uploading and use of data and supersedes all prior or contemporaneous communications and proposals between downloader and researcher. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the agreement will otherwise remain in full force and effect and enforceable. H. MiscellaneousNo agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect outside of the terms described within this Agreement. |
LibGuides and Websites
The following are Texas Data Repository Member Libraries' Libguides and other websites focused on data management.
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