Diary Study Database

Incomplete metadataVersion 3.3
Diary Study Database
Amabile, Teresa, 2017, "Diary Study Database", https://doi.org/10.7910/DVN/25463, Harvard Dataverse, V3
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This dataset is made available under the following terms. Please confirm and/or complete the information needed below in order to continue.

Our Community Norms as well as good scientific practices expect that proper credit is given via citation. Please use the data citation shown on the dataset page.

Custom Dataset Terms — the following Custom Dataset Terms have been defined for this dataset.

By requesting access to the Diary Study Database, I agree to the following terms of use:
  • The Diary Study Database may only be used for academic research purposes.
  • Commercial use and/or redistribution of the data, questionnaires, or other materials are prohibited.
  • Questionnaires are provided here by permission of their respective copyright holders for purposes of understanding the Diary Study data only and may not be used for any other purpose.
  • Data has been de-identified and any attempt at identifying the participants and their respective organizations is prohibited.

    Diary Study (T.E.A.M. Study) Data Usage Agreement
  • This is an agreement (“Agreement”) between you the downloader (“Downloader”) and Harvard University, the owner of the materials (“Owner”), governing the use of the Diary Study Database (“Database”) and the accompanying documents set forth in the Diary Study Application for Use (“Application”, attached and incorporated as Exhibit A) to be downloaded by Downloader (“Materials”).

  • I. Acceptance of this Agreement By downloading or otherwise accessing the Materials, Downloader represents his/her acceptance of the terms of this Agreement.

  • II. Modification of this Agreement Owner may modify the terms of this Agreement at any time. However, any modifications to this Agreement will only be effective for downloads subsequent to such modification. No modifications will supersede any previous terms that were in effect at the time of the Downloader’s download.

  • III. Use of the Materials Use of the Materials includes but is not limited to: viewing parts or the whole of the content included in the Materials; analyzing the data contained in the Materials; comparing data or content from the Materials with data or content in other materials; verifying research results with the content included in the Materials; and extracting any part of the content included in the Materials for use in other projects, publications, research, or other related work products.

  • A. Representations Regarding Use of the Materials Downloader represents that: 1. The Database and Materials shall only be accessed by those listed in the Application. 2. Downloader will use the Materials for academic research purposes only, in accordance with the Application. 3. Downloader is not bound by any pre-existing legal obligations or other applicable laws that prevent Downloader from downloading or using the Materials; 4. Downloader will not use the Materials in any way prohibited by applicable laws; 5. Downloader has no knowledge of and will therefore not be responsible for any restrictions regarding the use of Materials beyond what is described in this Agreement; and 6. Downloader has no knowledge of and will therefore not be responsible for any inaccuracies and any other such problems with regards to the content of the Materials and the accompanying citation information. 7. In all written or oral public disclosures concerning Downloader’s use of the Materials, Downloader shall recognize the contribution of the source of the Materials by using the following citation: “Amabile, Teresa M. "Diary Study Database", doi:10.7910/DVN/25463, Harvard Dataverse, V1” as appropriate and in accordance with scholarly standards.

  • B. Restrictions On Downloader’s Use of the Materials Downloader shall not: 1. Share the Materials or any part of the Materials with any individuals or entities not listed in the Application, in any way, including but not limited to: granting access, electronically transferring, posting, distributing, or sharing via hard copy, any part of the Materials. 2. Use information from the Materials in any way that may result in Downloader or any third party(ies) directly or indirectly identifying any research subjects or organizations; 3. Either alone or in concert with external information, attempt to produce connections or links among the Database and/or Materials that could be used to identify any individuals or organizations, not limited to research subjects; and 4. Extract information from the Materials that could aid Downloader in gaining knowledge about or obtaining any means of contacting any subjects already known to Downloader.

  • IV. Representations and Warranties OWNER REPRESENTS THAT OWNER HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, OWNER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT: (A) THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE MATERIALS FILES WILL BE SECURE; (C) THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE MATERIALS AND ACCOMPANYING FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE MATERIALS WILL MEET DOWNLOADER’S REQUIREMENTS. DOWNLOADER’S USE OF THE MATERIALS IS SOLELY AT DOWNLOADER’S OWN RISK.

  • V. Limitation of Liability IN NO EVENT SHALL OWNER BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE MATERIALS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

  • VI. Indemnification Downloader will indemnify and hold Owner harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the (i) Downloader’s misuse of the Materials; (ii) Downloader’s violation of the terms of this Agreement; or (iii) infringement by Downloader or any third party of any intellectual property or other right of any person or entity contained in the Materials. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

  • VII. Dispute Resolution Downloader and Owner agree that any cause of action arising out of or related to the download or use of the Materials must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts (excluding the conflict of laws rules thereof). Downloader consents to the jurisdiction of such courts and waives any jurisdictional or venue defenses otherwise available. All disputes under this Agreement will be resolved in the applicable state or federal courts of Massachusetts. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

  • VIII. Integration and Severability This Agreement represents the entire agreement between Downloader and Owner with respect to the downloading and use of the Materials, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Downloader and Owner with respect to downloading or using the Materials. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.

  • IX. Ownership Nothing in this Agreement will be construed to confer on Downloader any ownership interest, license or other rights in the Materials or any other intellectual property of Owner except as expressly stated in this Agreement.

  • X. Assignment Owner may assign, transfer or delegate any of its rights and obligations hereunder. Any attempted assignment by Downloader will result in immediate termination of this Agreement.

  • XI. Independent Contractor No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect outside of the terms described within this Agreement.
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