Common use of Availability to third parties Clause in Contracts

Availability to third parties. a. The Repository shall make the dataset available to third parties in accordance with the access conditions agreed with the Depositor: "Open Access”, “Open Access for Registered Users”, “Restricted Access” or “Other Access”. Access conditions may vary between parts of the dataset. b. The Repository shall make the dataset available to third parties with whom they have reached agreement on the General Conditions for Use only if agreement has been reached with the Depositor on one of the following access categories: “Open Access for Registered Users”, “Restricted Access” or “Other Access”. Unless agreed otherwise with the Depositor, the use of datasets is subject to the General Conditions of Use laid down by the Repository. When the “Open Access” access category is agreed, the dataset shall be made available to third parties without the Depositor necessarily agreeing on the General Conditions for Use with said third parties. c. If the access category "Restricted Access" has been agreed, the Repository shall make the dataset (or parts thereof) available only to the persons and/or organisations specified by the Depositor. d. If a dataset (or parts thereof) to which the access categories “Restricted Access” or "Other Access" apply contain, as evidenced by the specification provided by the Depositor, personal data as referred to in the Personal Data Protection Act of The Netherlands (WBP; Wet Bescherming Persoonsgegevens, Act of 6 July 2000, Bulletin of Acts and Decrees 302, Article 9 paragraph 3 and Article 23 paragraph 2), the Repository shall make the dataset (or parts thereof) available only if this is permitted by law, which in any case should be taken to include making the dataset (or parts thereof) available for the purpose of historical, statistical or scientific research. e. Notwithstanding the above, the Repository can make the dataset (or substantial parts thereof) available to third parties: - if the Repository is required to do so by legislation or regulations, a court decision, or by a regulatory or other institution - if this is necessary for the preservation of the dataset and/or the data archive - (to a similar institution) if the Repository ceases to exist and/or its activities in the field of data-archiving are terminated f. The Repository shall publish the documentation, hereafter referred to as metadata, as provided by the Depositor with the dataset, and make this freely available. Metadata is defined in this agreement as the content of all the fields that has been filled in with this dataset as standard under the tab “Description” in EASY. g. The general information about the research and the metadata relating to the dataset, as defined in article 6.f, shall be included in the Repository’s databases and publications that are freely accessible to all persons.

Appears in 2 contracts

Samples: Licence Agreement, Licence Agreement

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Availability to third parties. a. The Repository shall make the dataset available to third parties in accordance with the access conditions agreed with the Depositor: "Open Access”, “Open Access for Registered Users”, “Restricted AccessOpen Access for Registered Users: Attribution – CC BY” or “Other AccessOpen Access for Registered Users: Attribution- ShareAlike - CC BY-SA”. Access conditions may vary between parts of the dataset. b. The Repository shall make the dataset available to third parties with whom they have reached agreement on the General Conditions for Use only if agreement has been reached with the Depositor on one of the following access categories: “Open Access for Registered Users”, “Restricted AccessOpen Access for Registered Users: Attribution – CC BY ” or “Other AccessOpen Access for Registered Users: Attribution-ShareAlike - CC BY-SA . Unless agreed otherwise with the Depositor, the use of datasets is subject to the General Conditions of Use laid down by the Repository. When the “Open Access” access category is agreed, the dataset shall be made available to third parties without the Depositor necessarily agreeing on the General Conditions for Use with said third parties. c. If the access category "Restricted Access" has been agreed, the Repository shall make the dataset (or parts thereof) available only to the persons and/or organisations specified by the Depositor. d. If a dataset (or parts thereof) to which the access categories “Restricted Access” or "Other Access" apply contain, as evidenced by the specification provided by the Depositor, personal data as referred to in the Personal Data Protection Act of The Netherlands (WBP; Wet Bescherming Persoonsgegevens, Act of 6 July 2000, Bulletin of Acts and Decrees 302, Article 9 paragraph 3 and Article 23 paragraph 2)) or subsequent privacy laws, the Repository shall make the dataset (or parts thereof) available only if this is permitted by law, which in any case should be taken to include making the dataset (or parts thereof) available for the purpose of historical, statistical or scientific research. e. Notwithstanding the above, the Repository can make the dataset (or substantial parts thereof) available to third partiesparties if: - if the Repository is required to do so by legislation or regulations, a court decision, or by a regulatory or other institution - if this is necessary for the preservation of the dataset and/or the data archive - (to a similar institution) if the Repository ceases to exist and/or its activities in the field of data-archiving are terminatedterminated (make datasets available to a similar institution) f. The Repository shall publish the documentation, hereafter referred to as metadata, as provided by the Depositor with the dataset, and make this freely available. Metadata is defined in this agreement as the content of all the fields that has been filled in with this dataset as standard under the tab “Description” in EASY. g. The general information about the research and the metadata documentation relating to the dataset, as defined in article 6.f, as well as its metadata shall be included in the Repository’s databases databases, catalogues and publications that are freely accessible to all persons.

Appears in 1 contract

Samples: Data Deposit Agreement

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Availability to third parties. a. The Repository shall make the dataset available to third parties in accordance with the access conditions agreed with the Depositor: "Open Access”, “Open Access for Registered Users”, “Restricted AccessOpen Access for Registered Users: Attribution – CC BY” or “Other AccessOpen Access for Registered Users: Attribution-ShareAlike - CC BY-SA”. Access conditions may vary between parts of the dataset. b. The Repository shall make the dataset available to third parties with whom they have reached agreement on the General Conditions for Use only if agreement has been reached with the Depositor on one of the following access categories: “Open Access for Registered Users”, “Restricted AccessOpen Access for Registered Users: Attribution – CC BY ” or “Other AccessOpen Access for Registered Users: Attribution-ShareAlike - CC BY-SA . Unless agreed otherwise with the Depositor, the use of datasets is subject to the General Conditions of Use laid down by the Repository. When the “Open Access” access category is agreed, the dataset shall be made available to third parties without the Depositor necessarily agreeing on the General Conditions for Use with said third parties. c. If the access category "Restricted Access" has been agreed, the Repository shall make the dataset (or parts thereof) available only to the persons and/or organisations specified by the Depositor. d. If a dataset (or parts thereof) to which the access categories “Restricted Access” or "Other Access" apply contain, as evidenced by the specification provided by the Depositor, personal data as referred to in the Personal Data Protection Act of The Netherlands (WBP; Wet Bescherming Persoonsgegevens, Act of 6 July 2000, Bulletin of Acts and Decrees 302, Article 9 paragraph 3 and Article 23 paragraph 2)) or subsequent privacy laws, the Repository shall make the dataset (or parts thereof) available only if this is permitted by law, which in any case should be taken to include making the dataset (or parts thereof) available for the purpose of historical, statistical or scientific research. e. Notwithstanding the above, the Repository can make the dataset (or substantial parts thereof) available to third partiesparties if: - if the Repository is required to do so by legislation or regulations, a court decision, or by a regulatory or other institution - if this is necessary for the preservation of the dataset and/or the data archive - (to a similar institution) if the Repository ceases to exist and/or its activities in the field of data-archiving are terminatedterminated (make datasets available to a similar institution) f. The Repository shall publish the documentation, hereafter referred to as metadata, as provided by the Depositor with the dataset, and make this freely available. Metadata is defined in this agreement as the content of all the fields that has been filled in with this dataset as standard under the tab “Description” in EASY. g. The general information about the research and the metadata documentation relating to the dataset, as defined in article 6.f, as well as its metadata shall be included in the Repository’s databases databases, catalogues and publications that are freely accessible to all persons.

Appears in 1 contract

Samples: Data Deposit Agreement

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