Data Deposit Agreement

When you deposit data in the University of Bath Research Data Archive, you will need to agree to the terms and conditions below. This is done by clicking the "Deposit Item Now" button in the archive. If the record only contains a link to data archived elsewhere then only the clauses relating to metadata apply.

Why is this non-exclusive deposit licence required?

The University of Bath (“the University”) supports the long-term Preservation of, and Access to, research data produced by its members. It currently does this through its institutional data archive, which is maintained via two linked systems: the University of Bath Research Data Archive; and the Current Research Information System, Pure (referred to collectively hereafter as the “Archive”).

To undertake this role, Archive administrators store, copy, restructure, visualise and distribute the material in order to ensure that it can be preserved and made available in the future.

This Data Deposit Agreement is designed to ensure that the Archive administrators have the right to do this, and to confirm that you, the Depositor, have the right to submit the Dataset to the repository. This agreement is non-exclusive, and therefore does not prevent you exercising any rights you might have to publish and distribute any of the Dataset, in its present or future versions, elsewhere.

By submitting your Dataset to the Archive, you grant a non-exclusive licence to the University of Bath (acting through the Archive) in respect of any material within the Dataset in which you and your co-investigators own copyright or database rights or any other intellectual property rights together with the right to store, copy, restructure, visualise and distribute or otherwise grant Access to that Dataset subject to and in accordance with the terms and conditions set out below.

Definitions & terms

In this Agreement the following words and phrases have the following meanings:

“Access”:
means making the Dataset available with or without Restriction, either online or by other means.
“Agreement”:
means this document including all of its terms and conditions.
“Archive”:
means the University of Bath Research Data Archive, the Current Research Information System (Pure) and any other systems used by the University to catalogue, manage and share Datasets now or in the future.
“Dataset”:
means a set of files containing Research Data, Metadata and Documentation.
“Depositor”:
means the person who is the Data Steward of the Dataset, being the most senior University of Bath researcher associated with the Project to which the deposited Dataset relates or their authorised agent who has taken responsibility for submitting the Dataset to the Archive.
“Documentation”:
means any digital files such as a codebook, technical report or methodology, which explain the Research Data's production, structure or use.
“Metadata”:
means any descriptive information about the Dataset which may be used to facilitate discovery, management, re-use and preservation.
“Preservation”:
means the care and management of the Dataset over a defined period of time to ensure its ongoing availability and associated actions taken on the Dataset at review points and at the point of disposal.
“Project”:
means an individual or collaborative activity that is planned to achieve a particular research aim.
“Published Metadata”:
means the subset of Metadata that are published openly in the Archive under a CC0 licence, meaning they are freely reusable without attribution by any person.
“Research Data”:
means any material created or collected for the purposes of analysis to generate original research results, irrespective of the format of data. Research data may be digital, paper based or in other forms.
“Restriction”:
means a limitation on Access to the whole or any part of the Dataset so that it is not freely and openly downloadable. Where any part of the Dataset is subject to Restrictions, information regarding access arrangements must be notified to the Archive.

Data Depositor’s Declaration

I am the Data Steward for a Project conducted at the University of Bath and wish to deposit the Dataset comprising the Research Data generated in the course of that Project that support the research findings of the Project.

By depositing the Dataset in the Archive:

1.1.
I confirm that the University has the right to present the Dataset in the Archive;
1.2.
I warrant that to the best of my knowledge and belief either the University is the sole rights owner of the Dataset or the University is authorised by any rights holder(s) (whether third parties or exceptionally employees or staff) to deposit the Dataset in the Archive and to allow access to the Dataset and any copyright works within the Dataset as described below.
1.3.
I licence the University in respect of any copyright works or other intellectual property that I or my co-investigators own in the Dataset for such purpose;
1.4.

I warrant that I have duly specified:

1.4.1.
any embargo period to which Access to the whole or any specified parts of the Dataset is subject and
1.4.2.
any Restrictions which apply to the whole or part of the Dataset

in the Metadata record for the Dataset.

1.5.
I confirm that the Dataset, its storage and management, and Access to the Dataset are not in conflict with any aspect of the Data Protection Act 1998, or any statutory re-enactment thereof, and that the Dataset is not subject to any obligations of confidentiality. Where the Dataset concerns human subjects, I have obtained written, informed consent from participants for data retention and/or sharing as appropriate. I confirm that all necessary steps have been taken to safeguard the rights to privacy of individuals involved in the research where explicit permission to share non-anonymised data has not been granted;
1.6.
The Dataset is original and is not and shall be in no way a violation or infringement of any copyright, trademark, patent, or other rights whatsoever of any third party, nor does it contain defamatory material or false or misleading research results. In the event that the Dataset contains material that is copyright or confidential information of a third-party, I have either secured permission from the rights-holder or their representative to include such material in the Dataset or I am satisfied (in the case of copyright) that the use of such copyright material is permitted by law. Any third-party materials for which I have not secured the necessary permissions have been removed from the Dataset before deposit. I accept full responsibility for any breach of copyright, confidentiality, legal or ethical considerations that distributing the data or metadata may entail;
1.7.
I confirm that the content of the Dataset does not breach any law and that any concerns over the suitability of the Dataset for sharing for this or any of the above reasons have been discussed with Archive administrators ahead of deposit;
1.8.
If the Dataset has been commissioned, sponsored, supported by or developed in collaboration with any organisation, I have fulfilled all of the obligations required by such contract(s) or agreement(s). I confirm that the deposit and Access conditions of this Dataset do not breach any such obligations;
1.9.
Depositing this dataset in the Archive does not affect the ownership of the Documentation or intellectual property (including confidentiality) contained therein. I retain, among other things, the right to deposit a copy of any item within the Dataset elsewhere in its present or future version(s). I and my co-investigators assert and retain any moral rights that may exist in any scholarly output within the Dataset including the right to be acknowledged;
1.10.
I have read and understand the University’s Research Data Policy and guidelines for archiving and sharing data available from: http://www.bath.ac.uk/research/data;
1.11.
If there is any Restriction on Access by the general public to and/or storage or arrangement of the Dataset I will notify the nature of this Restriction when depositing the Dataset in the Archive;
1.12.
I do not guarantee that the Dataset is accurate;
1.13.
I have described and undertake that I will describe the terms on which the Dataset may be accessed in any publication relating to the Project.
1.14.
To the best of my knowledge and belief I have provided sufficient Metadata to ensure that the Dataset is discoverable and sufficient explanatory documentation to ensure that the Dataset is understandable and reusable.

Permissions granted to University of Bath

The University (acting through the Archive) shall:

2.1.
Incorporate Metadata (description data about the item) or Documentation into public access catalogues for the Dataset. This will include Metadata on any Access Restrictions notified in accordance with 1.11 above. A Metadata citation to the Dataset will always remain visible;
2.2.
Distribute or otherwise make available copies of the Dataset (including the Metadata) worldwide, in electronic format or via any other medium for the purpose of Access without charge (except for associated media costs);
2.3.
Own copyright (or shall obtain the appropriate third party licence) in respect of any additional user guides, Documentation or software created to assist users in using the Dataset, created by University staff or on behalf of the University.

The rights at 2.1-2.3 above are subject to any legal Restriction on Access to the Dataset agreed with a third party which continues to have effect after publication of the Dataset and which I have expressly notified to the Archive at the time of deposit.

Additionally, the University may:

2.4.
Create persistent identifiers (such as Digital Object Identifiers (DOIs) ) to provide a perpetual link to the Dataset in the Archive or any other data catalogue or resource.
2.5.
Electronically store, migrate, copy, or re-arrange the Dataset to ensure its future preservation and accessibility, unless and until notified by the Depositor that specific Restrictions apply;
2.6.
At any time, migrate the Dataset or sublicence all the contents of the Dataset to a repository other than the Archive, which (for the avoidance of doubt) may be controlled by a person other than the University (subject-based, institutional or other) on condition that all Metadata are migrated with the Dataset and that the new repository shall continue to grant Access to the Dataset on the same terms as set out in this Agreement and no charge for use of the Dataset will be levied by the destination repository;

Obligations of University of Bath

3.1.
While all due care will be taken to preserve the physical integrity of the Dataset and all virtual copies thereof, the University shall incur no liability in respect of the Dataset or for the loss of or damage to any of the Dataset or associated documentation or other loss or damage related to the Dataset and its contents and omissions and/or use by or damage caused to any person relating to the Dataset, and the University hereby excludes all such liability whether under contract law, statute, express or implied terms or negligence (other than for negligence causing personal injury or death) to the fullest extent permissible by law.
3.2.
The Archive will clearly identify the name(s) of the creator(s) or rights-holder(s) of the Dataset as specified in the Metadata, and the University will not, other than with the express consent of the Data Steward (or if they have left the University another person nominated to fulfil such role), make any alteration, other than as allowed by this licence, to the Dataset.
3.3.
Where persistent identifiers have been created for a Dataset in the Archive, these will be maintained in perpetuity, or until such point as they are fully transferred to another repository.
3.4.
The University shall not be under any obligation to take legal action in the event of breach of intellectual property rights or any other right in the Dataset but shall be permitted to take down and or remove from any Dataset or from Access any material that is subject to a claim by any third party that its incorporation within the Dataset infringes intellectual property or otherwise constitutes breach;
3.5.
The University shall not be under any obligation to reproduce, transmit, broadcast, or display the Dataset in the same format or software as that in which it was originally created.

Disclaimer

The University accepts no responsibility 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 or any other data while it is stored in the Archive (or any repository to which the Dataset is subsequently migrated, as indicated above).

I acknowledge that any serious breach of this Agreement may amount to misconduct which may give rise to disciplinary proceedings.