- Use of Third Party Providers and Services. SMU may use certain third party service providers (collectively “Third Party Providers”) to support portions of the Services. Such Third Party Providers include, but are not necessarily limited to, the provider of the data management platform service for SMU RDR (the “Platform Provider”). You acknowledge and agree that SMU’s ability to provide and make available the Services is subject to and contingent upon SMU receiving the relevant services from the Third Party Providers.
- Content Rules. You may not deposit or upload (or post links to) any of the following types of Materials in or to SMU RDR: (i) contain personally identifiable information that you do not have express authority to deposit or to disseminate (ii) confidential or commercially-sensitive material that you do not have express authority to deposit or to disseminate, or data that would contravene any third-party agreement; iii) abusive, offensive, obscene or pornographic Materials; (iv) false and/or defamatory statements about any person, organization or entity or other statements likely to create liability; (v) discriminatory or harassing Materials; (vi) Materials which are criminally discriminatory, harassing, derogatory, or that are embarrassing to SMU or the Platform Provider or the Platform Provider’s staff; (vii) any other statement which is likely to create any liability (whether criminal or civil, and whether to SMU or its Platform Provider); (viii) chain mail or junk mail; (ix) Materials in breach of copyright or other Intellectual Property Rights; or (x) Materials that facilitate criminal activity or violate any Applicable Law.
SMU RDR has a review process before data records are made publicly available. However, it does not imply that the staff of SMU RDR will verify that uploaded data meets the content rules listed above. You are solely responsible for the Materials you post on or through the Service and all possible confidentiality or other privacy issues that may arise from your deposit.
- Operation Rules. You may not: (i) interfere or attempt to interfere with the proper operation of SMU RDR; (ii) attempt to gain or encourage others to gain unauthorized access to SMU RDR; (iii) sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit SMU RDR or any part thereof except as expressly permitted; (iv) misuse SMU RDR (including by hacking or by knowingly or negligently introducing Viruses); or use SMU RDR in breach of Applicable Law.
- No Warranties; Release and Indemnification. NEITHER SMU NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SMU AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SMU NOR ITS THIRD PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND SERVICES MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY SMU AND/OR ITS THIRD PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS SMU AND ITS THIRD PARTY PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL SMU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS; OR (3) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SMU SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE SERVICES.
- Trademarks, Copyright & Proprietary Information. The Services contain trademarks and copyrighted material owned by SMU, its Platform Provider and/or the any provider of Materials; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute such materials without written permission from the applicable owner. For purposes of clarification, this prohibition does not prohibit use of any publicly-available Materials under the terms of the specific license under which such Material were deposited.
- Confidentiality and Protection of Access Credentials. You may be given (or required to create) certain user names and/or passwords in order to access some or all of the Services. You agree to keep such information secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them and disclosure. You agree to notify SMU immediately if you become aware of any unauthorized use or disclosure of your account information.
“Virus” means any thing or device (including any software, code, file or program) which may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service, equipment or any other thing, service or device.
Please read this deposit agreement (“Deposit Agreement”) carefully. By depositing research data and materials to and/or publishing with Singapore Management University Research Data Repository (SMU RDR), you represent that you are a current SMU faculty, staff or student, and you agree to the terms of this deposit agreement.
Definition. As used in this Deposit Agreement, “Provided Materials” means data, figure, computer code, images, software, and any other kind of research-related materials that you deposit in SMU RDR.
Eligibility to Deposit Provided Materials. You must be a SMU faculty, staff member, or student with an authorized SMU account, or be invited by a SMU faculty, staff member, or student to a project in order to deposit Materials in SMU RDR.
Grant of Rights Regarding Provided Materials. By depositing Provided Materials, you hereby agree that SMU has a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free right to store, reproduce, publish, display and distribute any and all such Provided Materials to the public under the relevant license you select when you upload the Provided Materials as well as for archival and preservation purposes (including but not limited to the right to transfer the Provided Materials into a different format now known or later developed). By agreeing to this Deposit Agreement, you are not relinquishing any ownership interest you may have in the Provided Materials, and SMU is not relinquishing any ownership it may have in the Provided Materials.
Authority to Deposit Provided Materials. By depositing Provided Materials, you represent that:
-- the Provided Materials are either work that you own, or that you have appropriate licenses or permissions necessary to make the Provided Materials available to the public under the license you have selected. Without limiting the general nature of the prior sentence, if the Provided Materials are subject to the terms of an agreement (including but not limited to a sponsored research award, or an IRB protocol or consent form), you represent that you are permitted by the applicable agreement to deposit the Provided Materials and to make them available under the license you have selected;
--you have used applicable credits, citations and/or notices consistent with academic practice (and, If applicable, as required by sponsored research or other agreements or obligations);