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ANC License

History

1.0.0 Previous versions can be found in the Agreement history.

What ist the ANC License?

The ANC License is a contract between two parties:

  • Licensor: The person who owns or controls the rights to the dataset and allows others to use it.
  • Licensee: The person who receives permission from the Licensor to use the dataset under the terms specified in this license.

Overview

  • The Licensor grants the Licensee permission to use, display, reference, and modify the dataset for scientific or educational purposes.
  • By using the dataset, the Licensee automatically agrees to the terms of the ANC License.

Rights and obligations

  • The Licensee must give proper credit by citing the dataset and any related publications in their work.
  • The Licensee must not redistribute, republish, or share the dataset.
  • Other important rights, like data protection and moral rights, remain unaffected by this License.
  • The Licensor does not charge any fees for using the dataset, so the Licensee can use it for free.

Warranties and liabilities

  • The Licensor does not guarantee the accuracy or quality of the datasets and is not responsible for any issues that come from using it.

Non-Compliance

  • If the Licensee violates this License, the Licensor or the ANC can revoke access to the dataset, suspend usage, and potentially take legal action.

1. Preamble

1.1. By using an archived dataset that has been made available on the Austrian NeuroCloud (ANC), you agree to the License conditions below and give an assurance that you will use the archived dataset, after it has been made available, exclusively in accordance with the provisions laid down in this License.

1.2. In the context of this agreement, the term "archived dataset" shall refer to immaterial goods that are available in machine-readable formats and are, as such, merchantable irrespective of a carrier, particularly through the internet. The Term "Licensor" shall refer to the entity or individual who owns or controls the rights to the archived dataset and is granting permission for its use. The term "Licensee" shall refer to the entity or individual that receives permission from the Licensor to use the archived dataset under the specified terms.

2. Licensing

2.1. Under the terms of this license, the Licensor shall grant a non-sublicensable, non-exclusive, unilaterally revocable license, unlimited with regard to time and place and free of charge, to use, display, reference and edit the archived dataset, in full or in part, at discretion, exclusively for specific scientific or educational purposes, and particularly to combine it with other datasets and metadata and carry out modifications.

2.2. However, the Licensee must not reproduce, redistribute, republish, or transmit the licensed archived dataset in whole or in part, in any form or by any means.

2.3. The licensed archived dataset may be used, in accordance with this License, 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. Upon making available the said archived dataset, the Licensee receives an offer from the Licensor to use the archived dataset under the conditions of this License. By using the said archived dataset, the Licensee has accepted the Licensor's offer.

2.5. The licensed archived dataset shall be used by the Licensee exclusively for specific scientific or educational purpose in accordance with this License. Their use for any other purpose shall not be permitted.

2.6. The Licensee is required to cite the archived 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 archived dataset is used for educational purposes. The citation must adhere to the format specified by the ANC. In the bibliography or list of referenced 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 used 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 Licensor has listed a related scientific publication, the Licensee must also cite that publication in accordance with the provided citation format.

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 License. In this sense, the Licensee will be responsible for the processing of personal data within the meaning of the GDPR and any other relevant privacy legislation, as well as for complying with any conditions set by the Licensor. However, the Licensor shall waive these rights or the enforcement of said rights to the limited extent that is necessary and possible for exercising the transferred rights.

3.2. This License shall not extend to patent and trademark rights.

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

4. Exclusion of warranty and liability

4.1. Unless otherwise separately undertaken by the Licensor and to the extent possible, the Licensor offers the licensed archived dataset for use and editing. No representations or warranties of any kind concerning the licensed archived dataset are made, whether express, 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 Licensor shall not be liable for any losses, costs, expenses, or damage arising from this License or from the use of the licensed archived 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. In the event of non-compliance with the provisions of this License, the Licensor and the ANC have the right to order the Licensee to stop using the archived dataset. The use of the dataset must immediately be discontinued upon the first request. The Licensee's access to the archived dataset will be suspended until the issue has been resolved in consultation with the Licensee and the Licensor. ANC reserves the right to inform the Licensee’s employer. These measures are without prejudice to the authority of the Licensor and the ANC to hold the Licensee to account in court in the event of non-compliance or insufficient compliance with this License.

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

6. Final provisions

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

6.2. Should any provision of this Agreement be legally ineffective or unenforceable, this Agreement as such and the remaining provisions shall continue to be effective and enforceable. Any ineffective or unenforceable provision shall be replaced by a provision which is as close as possible to the economic result of the legally ineffective or unenforceable provision, and which is legally effective and enforceable and as closely as possible reflects the intent of the Parties to the Agreement at the time of concluding this Agreement.

6.3. The terms and conditions of this License shall not be waived and no failure to comply shall be consented to unless expressly agreed to by the Licensor.

6.4. This License shall in no event lead to a waiver of any rights regarding the archived dataset that the Licensor holds on a statutory basis, nor shall it be interpreted to that effect.