Resource Deposit Agreement

1Purpose of this Agreement

By submitting my resource for deposit, I grant a non-exclusive license for distribution of that resource to the research Infrastructure PORTULAN CLARIN. This license is non-exclusive, and therefore does not prevent me exercising any rights I have to distribute or publish the resource elsewhere. This license is for distribution, and therefore does not transfer my property or moral rights to the Infrastructure.

2Depositor’s declaration

I declare that:

2.1I grant to the Infrastructure a non-exclusive, worldwide license to do any of the acts restricted by intellectual property rights to store the resource and make it accessible to members of the public under its distribution policy. Rights granted to the Infrastructure through this Agreement are entirely non-exclusive and I am free to distribute or publish the resource or future versions elsewhere.

2.2I am either the rights holder or am permitted by rights holder(s) of the resource to enter into this Agreement. By this Agreement, no rights other than the non-exclusive right to store and distribute are transferred to the Infrastructure, and therefore I retain all rights in the resources I have, including the right to be acknowledged as author.

2.3To the best of my knowledge, the resource does not, and will not, infringe any copyright, trademark, patent, or other rights whatsoever of any person or organization. The resource does not breach any law nor contain any material of a defamatory or libellous nature.

2.4Where the resource concerns human subjects, I confirm that the appropriate written and informed consent and ethical approval was obtained for the collection and the handling of the data. Where collection of personal data was carried out without consent, I confirm that I have provided the legal basis for using the data.

2.5If the resource has been commissioned, sponsored or supported by any organisation other than PORTULAN CLARIN, I have fulfilled all of the obligations required by such contract(s) or Agreement(s).

2.6Under this Agreement, the metadata I provide accurately corresponds to the respective resource I deposit.

3Rights and responsibilities of the Infrastructure

I agree that:

3.1The Infrastructure may electronically store, copy or convert the resource for preservation purposes and to ensure future accessibility, without changing its content.

3.2The Infrastructure may create persistent identifiers (e.g. Digital Object Identifiers (DOIs)) to provide a permanent link to the resource via a resource catalogue or via other means.

3.3The Infrastructure may make the metadata openly available without restriction (under Creative Commons Zero CC0 waiver).

3.4Under the license that is indicated by me during the process of depositing the resource or that may be reset by me afterwards, the Infrastructure may make this resource available only to members of the public that explicitly abide by that license.

3.5The Infrastructure shall not be under any obligation to take legal action on my behalf or on behalf of any other rights holder in the event of breach of intellectual property rights or any other right, or of licensing terms, relative to the resource.

4Alteration or withdrawal/take-down of resource

The Infrastructure and I agree that:

4.1The Infrastructure is entitled to remove the resource and/or its metadata record, wholly or in part, on a permanent or temporary basis, if the resource and/or its metadata record is found to violate the rights of any person or organisation, or for operational reasons of the Infrastructure.

4.2I am entitled to alter the resource and/or its metadata record distributed by the Infrastructure, including the distribution license. I am entitled to withdraw the resource and/or its metadata record from the Infrastructure after a deposit period of two years.

5Disclaimer

I agree that:

5.1The Infrastructure accepts no responsibility for mistakes, omissions, or legal infringements within the resource.

5.2While every care will be taken to preserve the integrity of the resource, the Infrastructure is not liable for loss or damage to the resource while it is stored in the Infrastructure.

5.3While the resource will be distributed by the Infrastructure only to members of the public that explicitly abide by the terms of its license, the Infrastructure is not liable for loss or damage resulting from violation of the terms of the license.

5.4Eventual distribution of the resource against a monetary compensation to the Infrastructure by me or by members of the public will be regulated by another agreement between me and the Infrastructure.

6Term and termination of this Agreement

I and the Infrastructure agree that:

6.1This Agreement shall come into effect on the date on which the Infrastructure receives the resource and remains valid until the resource is wholly taken down on a permanent basis. If the Infrastructure decides not to include the resource in its repository, this Agreement is cancelled.

6.2If the Infrastructure ceases to exist or it terminates its data-archiving or distribution activities, or due to other operational factors, upon written notice to me, the Infrastructure is entitled to transfer the resource to a similar organization that will continue this Agreement, which continues to include my right to withdraw the resource and terminate this Agreement.

7Definitions

Resource – a set of digital files containing data, software or documentation that supports documental or instrumental purposes, including the support of scientific research, education, innovation, cultural heritage preservation or artistic creativity.

Data – data that is collected, observed, or created, for purposes of analysis to produce research results. The word “data” is used throughout this document to refer to scientific research data.

Metadata – information about a resource which describes, specifies or contextualises the resource and its content.