Deposition & License Agreement of CEDIFOR

Parties

  1. The company or person authorised to transmit and deposit the digital data records, hereinafter referred to as the Depositor.
  2. CLARIN Infrastructure (the CEDIFOR CLARIN-D Repository)

License

  1. The Depositor grants the Repository a non-exclusive license for digital data files, hereinafter referred to as Content.
  2. The repository is authorized to include the Content in its data archive. The Repository transfers Content to an available medium in any manner and in any form.
  3. The Repository is authorized to make content (or substantial parts thereof) available to third parties through online transmission. In addition, the repository has the right to make a copy of the record, at the instruction of a third party or otherwise.

The Depositor

  1. The Depositor declares that under the applicable laws or otherwise he is the owner of rights to the Content or the sole owner of rights to the Content and/or is authorized to act in this matter with the consent of other rights holders.
  2. The Depositor will indemnify the Repository against all claims of third parties against the Repository relating to the Content.

The Repository

  1. The repository ensures to the best of its abilities that the content stored is archived in a long-term manner and remains readable and accessible.
  2. The repository preserves content as much as possible unchanged in its original digital format, taking into consideration current technology and implementation costs.
    The repository has the right to change the format and/or functionality of content as necessary to facilitate digital sustainability, distribution or re-use of content.
  3. If the access categories “Restricted Access” or “Academic Access” defined at the end of this Agreement are selected, the Repository shall ensure to the best of its knowledge and ability that effective technical and other measures are taken to prevent unauthorised third parties from gaining access to and/or accessing the Content or substantial parts thereof.

The Content

  1. The content to which the license relates is described at the end of this Agreement. This is an integral part of this Agreement.
  2. The Depositor declares that the Content conforms to the specification stated.
  3. The Depositor declares that the contents do not contain any data or other elements that violate laws or public regulations.
  4. The Depositor shall exempt the Repository from all claims by third parties in association with the Content.
  5. The Depositor shall provide the Content using a method and medium acceptable to the Repository.

Removal of Content / changes to access conditions

  1. If there are reasonable indispensable grounds, the Depositor has the right to request the Repository not to make Content available for a temporary or permanent period. In such cases, the Repository shall retain the Content in the Data Archive, but shall no longer permit third parties to access the Content or any substantial part thereof.
  2. If sufficient indispensable cause exists, the Repository has the right to remove any or all of the Content from the archive or to temporarily or permanently restrict or prevent access to the Content. The Repository shall notify the Depositor in such cases.

Availability to third parties

  1. The Repository makes the Content available to third parties in accordance with the “Public”, “Academic Access” or “Restricted Access” conditions of access agreed with the Depositor.
  2. The repository only makes content available to third parties who have agreed to comply with the terms of use. Unless otherwise agreed with the Depositor, the use of the Content shall be governed by the General Terms of Use established by the Repository.
  3. If the access category “Restricted Access” has been agreed, the Repository shall make the Content available only to the persons and/or organisations specified by the Depositor.
  4. The repository shall publish the metadata and provide it freely on the basis of the documentation provided by the Depositor with the content. The term metadata refers the information describing the digital files. Other documents related to the record that are made available by the Depositor will be published and made freely available, unless the Depositor has determined that certain documents may not be made freely available. Documents containing personal data will not be made freely accessible.
  5. General information on research and metadata on content shall be included in the databases and publications of the repository, which are freely accessible to all persons.
  6. The repository may make content (or substantial parts thereof) available to third parties:
    • if the repository is required by law or regulation, a court order or by a supervisory authority or other institution.
    • if this is necessary for the preservation of the content and/or the data archive.
    • (to a similar institution) if the repository no longer exists and/or its data archiving activities are discontinued.

Provisions relating to use by third parties

  • The repository requires third parties to whom the content (or substantial parts thereof) is made available to include in the research results a prominent reference to the content from where the data was used. The reference must comply with the CLARIN Infrastructure Terms of Use.

Death of the Depositor

After the death of the Depositor or in the case that the Depositor’s organisation disappears, content in the “Restricted Access” category shall automatically be transferred to the “Public” category. This shall not apply where the content contains personal data or material the copyright of which is transferred to the heirs of the original right holder.

Liability

  1. The repository assumes no liability in the event that content is lost in whole or in part.
  2. The Repository shall not be liable for any damages or losses arising out of the acts or inactions of third parties to whom the Repository has made Content available.

Term and termination of the Agreement

  1. This Agreement shall enter into force on the date the Content is received by the Repository (the “Deposit Date”) and shall remain in effect indefinitely.
  2. Termination of this Agreement is subject to six months’ notice and written notice. It is possible to change the agreed access category at any time during the term of the Agreement.
  3. Notwithstanding point 1, this Agreement shall terminate if Content is removed from the Data Archive pursuant to “The Content” of this Agreement.
  4. If the Repository no longer exists or ceases its data archiving activities, the Repository will attempt to transfer the Data Files to a similar organization that will continue the agreement with the Depositor under similar terms and conditions, if possible.