Deposit Agreement

Definition of terms

For the purposes of this Agreement the following definitions apply:

Data file: Any file deposited in the Archive as part of a Dataset, including any relevant documentation file.

Dataset: a set of data files deposited into the Archive and an associated Metadata Record, or a Metadata Record describing a Dataset held in an external data service or archive.

Deposit: to place or register a Dataset in the Archive by depositing data files and creating an associated Metadata Record, or to create a Metadata Record describing a Dataset held in an external data service or archive.

Depositor: an employee of the University or a student registered with the University who deposits a Dataset into the Archive and is a party to this Agreement.

Metadata Record: a structured description of a Dataset, including information about licensing and conditions of access to the data. Metadata Records can refer to Datasets held in the Archive or elsewhere.

University of Reading Research Data Archive (the Archive): a service of the University of Reading.

University of Reading: the legal entity on behalf of which the Archive service is provided, and which is a party to this Agreement.

Agreement

By accepting the University of Reading Research Data Archive Deposit Agreement, I, the Depositor:

• Confirm that either: I am the owner of the intellectual property rights in any data files I deposit in the Archive; or I am otherwise lawfully entitled to distribute the data files on behalf of each and every rights-holder in the data; or I am acting as an employee of University of Reading and have declared all relevant information to allow the University to establish ownership rights and rights of distribution and publication in respect of the data;
• Warrant that the Dataset (including its Metadata Record) does not to my knowledge contain any false or misleading information, and that if it comes to my attention that any false or misleading information is contained in the Dataset I shall immediately notify the Archive and request the withdrawal of the Dataset from public view and/or correction of the Metadata Record;
• Warrant that the Dataset does not violate or infringe any copyright, trademark, patent or intellectual property right whatsoever of any person(s) or organisation, and that if the Dataset contains any material in which one or more third parties hold rights, I have secured permission from the rights-holder(s) to include such material in the Dataset, and the use of the material does not impact on any contractual arrangements with those third parties;
• Warrant that the Dataset does not breach any law, and indemnify the University against any legal action arising from the content of the Dataset;
• Grant a non-exclusive, royalty-free licence to the University of Reading and any other user authorised by the University of Reading to hold, make and disseminate copies of the Dataset, in accordance with the Archive’s Data and Metadata Policies, this Deposit Agreement, and the access terms and licence conditions that I specify for all files I upload, which may include temporary embargoes on access to data files.

Rights of the Depositor

The Depositor:

• Does not transfer ownership of the Dataset to the Archive under this Deposit Agreement;
• Reserves all rights in the data on the part of the rights-holder(s), including all moral rights under the laws of intellectual property, such as the right to be acknowledged as the creator or source of the data.

Obligations of the Depositor

The Depositor shall promptly notify the University by email to researchdata@reading.ac.uk of:

• Any change of Intellectual Property ownership or control of such rights affecting the Dataset;
• Any accuracy, authenticity, confidentiality, privacy or data protection issues pertaining to the Dataset;
• Any change of contact details where these have been provided.

Permissions granted to the University

The University shall:

• Make copies of the Dataset available for distribution worldwide in an electronic form, for the purpose of access without charge for any permitted uses as defined in the Archive Data Policy and Metadata Policy, under the file-level conditions of access and use specified by the Depositor at the time of deposit;
• Make freely available online a Metadata Record describing the Dataset, which may be stored, copied and disseminated without restriction and free of charge;
• Assign to the Metadata Record for any digital Dataset held in the Archive or any non-digital Dataset stored and managed in the University a Digital Object Identifier (DOI) that will enable permanent persistent linking to the Metadata Record;
• Electronically store, translate, copy or re-arrange the Dataset to ensure its future accessibility, unless notified by the Depositor that specific restrictions apply;
• Be under no obligation to reproduce, transmit, broadcast or display the Dataset in the same formats or resolutions as those in which it was originally deposited, subject to any third-party requirements;
• Retain the right to withdraw all or any part of the Dataset if it is found to be in violation of University policy, any third-party rights or any law, or is the subject of legitimate complaint. In such a case the Archive will retain the Metadata Record for the withdrawn Dataset recording the reason for its withdrawal from the Archive;
• Request users publishing any work based in whole or in part on the Dataset to include a clear reference to the Dataset, acknowledging the original data creators and copyright holders, and the University of Reading as publisher of the Dataset;
• Be under no obligation to take legal action on behalf of the Depositor or other rights-holders in the event of any breach of intellectual property rights or any other right in the Dataset deposited;
• Take every care to preserve the physical integrity of the Dataset but shall incur no liability, either express or implied for the Dataset or for the loss of or damage to the Dataset.

Disclaimer

The University makes no undertakings as to the accuracy of the Dataset or its conformity with any relevant laws, and accepts no liability for mistakes, omissions, or legal infringements within the Dataset.

While every care will be taken to preserve the Dataset, the University is not liable for loss or damage to the Dataset stored in the Archive.

Notices

Any notice may be delivered in writing to any contact email address supplied by the Depositor and shall be deemed to have been served when confirmation of receipt is received from the system of the recipient. If no reply is received to a notice under this Agreement, the consent of the recipient will be deemed to have been given after thirty (30) days have elapsed from the issue of that notice.

If no contact email address is supplied by the Depositor the University shall be under no obligation to deliver to the Depositor or any other party holding interests in the Dataset any notice regarding the Dataset, its modification or withdrawal from the Archive.

Governing law

This Agreement shall be governed by and construed in accordance with the law of England and Wales.