1. Preliminary statement¶
The collaboration platform ZMT DataLab is operated by the Leibniz Centre for Tropical Research (ZMT) aimed at enabling data science workflows in the tropical research community. It is guided by the principles of Open Research and Open Access throughout all its services offered at zmt-datalab.de
2. Scope of application¶
3. Subject Matter of the Agreement¶
ZMT DataLab provides a platform at zmt-datalab.de for individual scientists within research projects for different services. The system is operated in the sense of the Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities, which is a follow up to the Budapest Open Access Initiative. The services will be delivered as follows, but ZMT DataLab is entitled to change the services provided at any time, to create new services or to suspend services. Within the scope of the technical and operational possibilities, ZMT DataLab tries to ensure that the use of the services is as uninterrupted as possible. However, technical faults, such as hardware and software errors, technical problems in the data lines, temporary restrictions or interruptions may occur.
Currently, the following services are available
Data analysis at desktop.zmt-datalab.de: a remote desktop environment with associated compute resources providing tools for analyzing scientific data
Project management at projects.zmt-datalab.de: a web platform to manage projects including functionality for file versioning, issue tracking and a wiki.
Project-based communcation at chat.zmt-datalab.de: tools for project-based communication.
Access to any service is always granted on a project-level, that is, access is time-limited until a project ends.
The above services are implemented using licensed open source products, of which the licenses are avilable on the respective service platforms or made available at zmt-datalab.de.
4. Registration and Conclusion of a contract¶
User registration at zmt-datalab.de follows a model of “trust propagation”. That is, in order to use certain services via the platform zmt-datalab.de, a new user will have to be suggested by a “trusted actor” of ZMT DataLab, which are also users of the ZMT DataLab.
There is no claim to the use of the services available via the ZMT DataLab platform; therefore, the user registration can be rejected without giving reasons.
The user is obliged to handle the login-data with care. In particular, the user is prohibited from disclosing the login data to third parties and/or allowing third parties to access the services via the ZMT DataLab platform by bypassing the login data.The user is obligated to use two-Factor authentication, if such mechanism is offered. ZMT DataLab may disable the user’s login-data at ZMT DataLab’s sole discretion without notice or explanation.
If the user breaches the obligations under the preceding paragraph and his login-data is used by third parties, the user is liable for all activities that take place using the login data. The user is not liable if the user is not responsible for the abuse of the login data. The user shall immediately notify ZMT DataLab of any unauthorized use of the login-data or any other breach or threatened breach of the security on the ZMT DataLab platform.
The user assures that the login data used are correct. The user shall inform ZMT DataLab of any updates or changes to such login-data as soon as possible.
Contract language is exclusively English.
5. Conditions of use¶
ZMT DataLab provides different services via the zmt-datalab.de platform as defined in section 3.
The fair use for the ZMT DataLab platform includes:
ZMT DataLab is entitled to enforce fair use of the provided services at anytime based on usage statistics by e.g. process priority, quota adjustments or other limitations.
The current limits are subject of available software and hardware resources.
contents violate the rights of third parties, in particular personal rights, copyrights, trademark rights and design rights;
contents are or contain commercial advertising;
contents which are threatening, degrading, insulting, slanderous or untrue,
contents which are pornographic, vulgar, obscene, offensive, harassing, discriminatory or glorify violence;
contents with depictions of violence;
contents which contain propaganda material of unconstitutional organizations or are inflammatory, anti-constitutional, racist or xenophobic.
The user must refrain from any activity that could impair the operation of the ZMT DataLab platform or the technical infrastructure behind it. These include in particular:
the use of software, scripts or databases in connection with the use of the ZMT DataLab platform;
the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the platform.
Should there be any disruptions in the use of the platform or its functionalities, the user shall inform ZMT DataLab of this disruption immediately. The same applies if the user obtains information about content published by third parties which obviously violates applicable law or the rights of third parties.
6. Rights of use¶
the right to reproduce and process/edit the submitted research content for archive, publication and re-usage purposes,
the right to store the contents on ZMT DataLab server to archive, and publish them, in particular to make them available to the public via the ZMT DataLab platform and the right to deposit the research content and metadata at associated/collaborating, publicly accessible data centers which are committed to the long-term preservation of research data and providing permanent open access.
By default, submitting research content and metadata to the ZMT DataLab platform the content will be published under the Creative Commons license CC0 for metadata and CC-BY for data. Exceptions have to be negotiated on an individual basis with ZMT DataLab. Once a license has been issued, it cannot be changed retroactively.
7. Protection of content/Responsibility for content¶
ZMT DataLab does not check the completeness, accuracy and legality of the research contents of the users and other third parties. ZMT DataLab therefore assumes no responsibility for the completeness, accuracy, legality and topicality of these research contents. This also applies to the quality of the research contents and their suitability for a specific purpose, and insofar as it concerns third party contents on linked external websites.
Those contents available on the ZMT DataLab platform provided by ZMT DataLab were created with best care and attention and will be updated on a regular basis. ZMT DataLab does not accept liability for the quality, topicality or completeness of the contents provided by ZMT DataLab offered on the ZMT DataLab platform and their suitability for specific purposes. Liability claims which refer to material and/or non-material damage, which are caused by the use or disuse of the offered contents provided by ZMT DataLab on the ZMT DataLab platform respectively the use of inaccurate and incomplete contents are excluded, insofar as there is no evidence of willful or gross negligence on the part of ZMT DataLab. All offers are non-binding and without obligation. For damages resulting from slightly negligent violations of essential contractual obligations, the liability is limited to typical or foreseeable damages. The above limitations of liability also apply in the event of breaches of duty by the legal representatives, senior employees, or vicarious agents of ZMT DataLab. ZMT DataLab is liable for damages resulting from injury to life, body or health, which are based on a willful and negligent breach of duty, as well as for damages according to the Product Liability Act without limitations.
ZMT DataLab expressly reserves the right to edit, expand or delete sections of pages, or the entire publication, or to suspend publication temporarily or permanently, without separate announcement.
ZMT DataLab does not guarantee that the ZMT DataLab platform is compatible with the hardware and software of the devices of the user. In addition, ZMT DataLab does not guarantee that this content is available at any time or at certain times without restriction or that it meets certain performance or functional requirements.
10. Termination of use¶
ZMT DataLab and the user may terminate the user relationship at any time, without the need for a reason. The user may terminate the user relationship by discontinuing the use of the services via the ZMT DataLab platform. Upon termination the user no longer has access to his user account and the uploaded contents in the user account; ZMT DataLab reserves the right to delete the account as well as the uploaded contents.
The termination of usage does not include the deletion of research contents of the user already published via the ZMT DataLab platform except for the case that the user revokes the rights on the basis of § 42 UrhG (the work no longer corresponds to the conviction of the author); in this case ZMT DataLab is entitled to charge the costs incurred.
If the user does not object to the amendments and supplements within 30 day of the announcement of the amendments and supplements and continues to use the service, this shall be deemed to be agreement with the amendments and supplements; ZMT DataLab will point this out separately in the announcement.
12. Final provisions¶