ANC Data Use Agreement¶

1. Preamble¶

1.1. By using the Dataset to which this Agreement is attached and that has been made available on the Austrian NeuroCloud (ANC), you agree to the Agreement conditions detailed below and give assurance that you will use the Dataset exclusively in accordance with the Agreement provisions below.

1.2. In the context of this Agreement, the term "Dataset" shall refer to immaterial goods that are available in digital format and are, as such, tradable irrespective of a carrier, particularly via the internet. The Term "Data Custodian" shall refer to the entity or individual who owns or controls the rights to the Dataset and grants permission for its use. The term "Data Consumer" shall refer to the entity or individual that receives permission from the Data Custodian to use the Dataset under the terms specified below.

2. Permitted Use¶

2.1. Under the terms of this Agreement, the Data Custodian hereby grants a non-sublicensable, non-exclusive, unilaterally revocable permission, which is unlimited in terms of time and place and free of charge to use, display, reference and edit the Dataset, in full or in part, at their own discretion, and particularly to combine it with other datasets and metadata and carry out modifications.

2.2. However, the Data Consumer must not redistribute, republish, or transmit the Dataset to a third party, in whole or in part, in any form or by any means.

2.3. The Dataset may be used, in accordance with this Agreement, in all known media and formats now known or created in the future, and the necessary technological modifications for this purpose may be carried out.

2.4. Once the said Dataset is made available, the Data Consumer automatically receives an offer from the Data Custodian to use the Dataset under the terms and conditions specified in this Agreement. By using the said Dataset, the Data Consumer has accepted the Data Custodian's offer.

2.5. The Dataset shall be used by the Data Consumer exclusively for specific scientific or educational purposes in accordance with this Agreement. Its use for any other purpose shall not be permitted.

2.6. The Data Consumer is required to cite the Dataset in any research results they publish, regardless of the format, if the Dataset has been used in their research. The same applies if the Dataset is used for educational purposes. The Dataset must be cited according to the format specified by the ANC. In the bibliography or list of reference material, the following information must be included in full:

• The full names of the Author(s) and/or organizations, which produced the Dataset
• The title of the Dataset
• The DOI of the Dataset as assigned by the ANC
• The year the Dataset was published or made publicly available
• The version of the Dataset in the form of Git tag name or Git commit hash
• The name of the repository in which the Dataset is stored and published: Austrian NeuroCloud

For example: Richlan, F., Birklbauer, J., Denissen, M., Pawlik, M., Kronbichler, M., Hutzler, F. (2024). Neuroimaging data from a stop signal task in young amateur soccer players [Data set] (Commit: 70ea5556). Austrian NeuroCloud. https://doi.org/10.31219/osf.io/xdbrv

Additionally, if the Data Custodian has listed a related scientific publication, the Data Consumer must also cite that publication in accordance with the provided citation format.

2.7. Any modifications made to the Dataset must be thoroughly documented. Documentation should provide sufficient detail to enable reliable reproduction of the modified Dataset using standard software tools. The modified Dataset must be published under terms that are consistent with this Agreement, ensuring continuous compliance with its provisions.

3. Other rights¶

3.1. Moral rights, such as the right of integrity, or the right of data protection and/or similar personality rights, shall not be affected by this Agreement. In this sense, the Data Consumer shall process personal data in accordance with the requirements of the GDPR and any other relevant privacy legislation, as well as comply with any conditions set by the Data Custodian. However, the Data Custodian shall waive these rights, including their enforcement, to the limited extent necessary to exercise the transferred rights.

3.2. This Agreement shall not affect patent and trademark rights.

3.3. Provided that there are no legal obligations, the Data Custodian waives any right to collect royalties for the use of the Dataset and metadata, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme.

3.4. The Data Consumer shall agree not to make any attempts (including for research purposes) to re-identify data or to publish or disseminate re-identified data.

4. Exclusion of warranty and liability¶

4.1. Unless otherwise separately undertaken by the Data Custodian, to the extent possible, the Data Custodian offers the Dataset for use and editing. No representations or warranties of any kind concerning the Dataset are made, whether expressed, implied, statutory, or other, and any warranty, including statutory warranty, shall be excluded. This includes warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether known or discoverable.

4.2. To the extent possible, the Data Custodian shall not be liable for any losses, costs, expenses, or damage arising from this Agreement or from the use of the Dataset.

4.3. The exclusion of warranty and limitation of liability provided above shall be interpreted in a manner that, to the greatest extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

5. Term and termination¶

5.1. If the Data Consumer fails to comply with the provisions of this Agreement, the Data Custodian and the ANC have the right to order the Data Consumer to stop using the Dataset. Use of the Dataset must be discontinued immediately upon the first request. The Data Consumer's access to the Dataset will be suspended until the issue has been resolved in consultation with the Data Consumer and the Data Custodian. ANC reserves the right to inform the Data Consumer's employer. These measures are without prejudice to the authority of the Data Custodian and the ANC to hold the Data Consumer liable in court in the event of non-compliance or insufficient compliance with this Agreement.

5.2. This section shall in no way affect the Data Custodian's right to demand compensation for the violation of this Agreement.

6. Final provisions¶

6.1. This Agreement does not, and shall not reduce, limit, restrict, or impose conditions on any use of the Dataset that could lawfully be made without permission under this Agreement and shall not be interpreted to this effect.

6.2. Should any provision of this Agreement be or become legally ineffective or unenforceable, this Agreement as such and the remaining provisions shall remain unaffected and enforceable. The ineffective or unenforceable provision shall be replaced by a provision which comes closest to the economic result of the invalid provision, and which is legally effective and enforceable and reflects as closely as possible the intent of the parties of the Agreement at the time of concluding this Agreement.

6.3. The terms and conditions of this Agreement shall not be deemed to be a waiver regarding the rights and obligations arising from this Agreement and no failure to comply shall be consented to unless expressly agreed to by the Data Custodian.

6.4. This Agreement shall in no event be construed as a waiver of any rights regarding the Dataset that the Data Custodian holds on a statutory basis, nor shall it be interpreted to that effect.