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Data User Agreement for Research Data Obtained from the Internet
Between:
arXiv, part of Cornell Tech ("Data Provider")
And:
individual named below ("Data User")
- Purpose
The purpose of this Agreement is to define the terms and conditions under which the Data User and their research group may access and use the Research Data provided by the Data Provider. The Data Provider has collected certain research data from its users, and the Data User desires to use this data for research purposes, subject to the terms herein. - Description of Data
The Research Data consists of: Anonymized and aggregated web logs for arXiv usage over several decades - Permitted Use
3.1 The Data User shall use the Research Data solely for non-commercial research purposes.
3.2 The Data User is specifically permitted to: Research described under "Research purposes" field.
3.3 The Data User is specifically prohibited from: Using the data in a manner that could publicly reveal information about specific arXiv users or in a manner than could publicly re-identify access patterns of individual arXiv papers. - Data Security and Confidentiality
4.1 The Data User shall implement reasonable and appropriate technical and organizational measures to protect the Research Data against unauthorized access, use, or disclosure.
4.2 The Data User shall maintain the confidentiality of the Research Data and shall not disclose it to any third party without the prior written consent of the Data Provider, except as required by law.
4.3 If the Research Data contains any potentially identifiable information, the Data User shall take additional precautions to protect the privacy of individuals, in accordance with all applicable laws and regulations (e.g., GDPR, CCPA). This may include:
- Storing any potentially identifiable information separately from the main dataset.
- Using de-identification techniques.
- Obtaining additional ethics review and approval.
- Intellectual Property
5.1 The Data Provider retains all rights, title, and interest in and to the Research Data.
5.2 The Data User may publish research findings derived from the Research Data, but shall provide appropriate attribution to the Data Provider in any such publication.
5.3 The Data User shall not claim any ownership or intellectual property rights in the original Research Data. - Disclaimer of Warranties
THE DATA PROVIDER PROVIDES THE RESEARCH DATA "AS IS" AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DATA PROVIDER DOES NOT WARRANT THAT THE DATA IS ACCURATE, COMPLETE, OR ERROR-FREE. - Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DATA PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE RESEARCH DATA, EVEN IF THE DATA PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - Term and Termination
8.1 This Agreement shall commence on the date first written above and shall continue until 2028 or until terminated earlier as provided herein.
8.2 This Agreement may be terminated by either party upon 1 day written notice to the other party.
8.3 The Data Provider may terminate this Agreement immediately if the Data User breaches any material term of this Agreement. - Governing Law
This Agreement shall be governed by and construed in accordance with the rules and regulations of Cornell University and the laws of New York State. - Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties. - Amendments
No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. - Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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