Use Constraints General Data Use Agreement Definitions: “Data Set” – Digital data and its metadata derived from any research activity such as field observations, collections, laboratory analysis, experiments, or the post-processing of existing data and identified by a unique identifier issued by a recognized cataloging authority such as a site, university, agency, or other organization. “Data User” - individual to whom access has been granted to this Data Set, including his or her immediate collaboration sphere, defined here as the institutions, partners, students and staff with whom the Data User collaborates, and with whom access must be granted, in order to fulfill the Data User's intended use of the Data Set. “Data Set Creator” - individual or institution that produced the Data Set. “Data Set Owner” – individual or institution that holds intellectual property rights to the dataset. Note that this may or may not be defined as a legal copyright. If no other party is designated in the metadata as Data Set Owner, it may be presumed that these rights are held by the Data Set Creator. “Data Set Distributor” - individual or institution providing access to the Data Sets. “Data Set Contact” - party designated in the accompanying metadata of the Data Set as the primary contact for the Data Set. Conditions of Use: The re-use of scientific data has the potential to greatly increase communication, collaboration and synthesis within and among disciplines, and thus is fostered, supported and encouraged. Permission to use this dataset is granted to the Data User free of charge subject to the following terms: 1) Acceptable use. Use of the dataset will be restricted to academic, research, educational, government, recreational, or other not-for-profit professional purposes. The Data User is permitted to produce and distribute derived works from this dataset provided that they are released under the same license terms as those accompanying this Data Set. Any other uses for the Data Set or its derived products will require explicit permission from the dataset owner. 2 ) Redistribution. The data are provided for use by the Data User. The metadata and this license must accompany all copies made and be available to all users of this Data Set. The Data User will not redistribute the original Data Set beyond this collaboration sphere. 3 ) Citation. It is considered a matter of professional ethics to acknowledge the work of other scientists. Thus, the Data User will properly cite the Data Set in any publications or in the metadata of any derived data products that were produced using the Data Set. Citation should take the following general form: Creator, Year of Data Publication, Title of Dataset, Publisher, Dataset identifier. For example: Giblin, A. 1993. Rates of benthic metabolism and nutrient cycling in the Parker and Rowley Rivers of the Plum Island Sound estuary. Plum Island Ecosystems LTER, The Ecosystems Center, Marine Biological Laboratory, Woods Hole, MA 02543. http://ecosystems.mbl.edu/pie/data/ben/BEN-PR-Flux.html ben-pr-flux 4 ) Acknowledgement. The Data User should acknowledge any institutional support or specific funding awards referenced in the metadata accompanying this dataset in any publications where the Data Set contributed significantly to its content. Acknowledgements should identify the supporting party, the party that received the support, and any identifying information such as grant numbers. For example:Data sets were provided by the Plum Island Ecosystems LTER. This material is based upon work supported by the National Science Foundation under Grants #OCE-9726921, OCE-0423565, OCE-1058747, OCE-1238212. 5 ) Notification. The Data User will notify the Data Set Contact when any derivative work or publication based on or derived from the Data Set is distributed. The Data User will provide the data contact with two reprints of any publications resulting from use of the Data Set and will provide copies, or on-line access to, any derived digital products. Notification will include an explanation of how the Data Set was used to produce the derived work. 6 ) Collaboration. The Data Set has been released in the spirit of open scientific collaboration. Data Users are thus strongly encouraged to consider consultation, collaboration and/or co-authorship with the Data Set Creator. By accepting this Data Set, the Data User agrees to abide by the terms of this agreement. The Data Owner shall have the right to terminate this agreement immediately by written notice upon the Data User's breach of, or non-compliance with, any of its terms. The Data User may be held responsible for any misuse that is caused or encouraged by the Data User's failure to abide by the terms of this agreement. Disclaimer: While substantial efforts are made to ensure the accuracy of data and documentation contained in this Data Set, complete accuracy of data and metadata cannot be guaranteed. All data and metadata are made available "as is". The Data User holds all parties involved in the production or distribution of the Data Set harmless for damages resulting from its use or interpretation.
