Terms of Use for the Research Data Repository WueData

Disclaimer: The English translation of the “Terms of Use” from the official German version is provided for informational purposes only. Legally binding is only the German original.

Terms of use for data providers

§ 1 General

The research data repository WueData is a web-based service of the Julius-Maximilians-Universität Würzburg (JMU) for publishing and archiving research data.
RADAR Local is used as software. The technical administration is carried out by the Information and Technology Centre of the JMU in cooperation with FIZ Karlsruhe. The data is stored on the local IT infrastructure of the JMU’s Information and Technology Centre. The University Library of the JMU is responsible for the data curation.
The research data repository serves the physical preservation of the uploaded digital objects (bitstream preservation). The JMU guarantees the proper safekeeping of the uploaded data for 10 years.
Research data and metadata records are backed up daily and kept spatially separated in multiple copies. The JMU ensures that WueData works without interruptions as far as possible. The JMU will make every effort to give notice before deliberately interrupting access to or deleting data packages, but cannot guarantee this.

§ 2 Criteria to use WueData

Members of JMU chairs (hereinafter: data providers) are entitled to use WueData, given that any costs are covered. Other scientists may be admitted upon request.
Research data and other supplementing materials (hereinafter: data packages) generated by or with the collaboration of scientists of the JMU can be published and archived in WueData.
Personal or personally identifiable data shall not be uploaded to the repository. Before uploading, the data packages must be anonymized in such a way that it is not possible to identify individuals. The data providers are responsible for anonymization.

§ 3 Costs

Costs may be incurred for the data repository (for details see the information in the WebShop).
Additional storage volume can be ordered via the WebShop of the Information and Technology Centre.

§ 4 Licenses, Copyright, Access to Data and Metadata

Data providers grant the JMU a non-exclusive, worldwide, irrevocable right to use the data packages they have provided. This right of use includes, in particular, the reproduction, processing, and public accessibility of the data packages uploaded. If required for publication or long-term preservation of the data, the JMU is permitted to convert data packages and other material into other formats and to edit the metadata.
For the purpose of long-term archiving, data providers grant the JMU a worldwide, irrevocable right to use the data packages they have provided. The JMU is entitled to transfer the rights of subsequent use to third parties to secure the research data for the long-term.
Data providers select one of the licenses offered in the data repository when uploading the data packages. This license regulates the rights of use by third parties.
The metadata generated to describe the uploaded research data in the repository are made freely available under the CC0 license.
Data providers can select an embargo period after which the uploaded data packages will be published.

§ 5 Obligations of the data providers

Data providers are responsible for the correctness of the uploaded data packages. They have to ensure that (subject-specific) scientific standards are met. The JMU will not review the content or scientific quality of the data and other materials.
Illegal content must not be uploaded to the research data repository.
The data providers are obliged to anonymize personal and personally identifiable data.
The data providers shall also ensure that the publishing and archiving of the uploaded data in the repository does not violate the rights of third parties. In particular, data providers shall ensure that cooperation partners or other persons with legal positions related to the research data give their consent to a publication in WueData and transfer any necessary rights of use.
The uploaded data and other materials must not be additionally secured by security restrictions or copy protection techniques (e.g., password protection). In addition, care must be taken to ensure that the data is free of malware.

§ 6 Liability of the JMU

The JMU does not assume any liability or warranty in case of infringement of rights by the data provider resulting in claims by users or third parties. The data provider is liable for the correctness of the uploaded data packages and metadata information. The JMU reserves the right to reject the data package, if there are doubts about the legal admissibility or formal inadequacies of the data.
The JMU does not guarantee the long-term usability or readability of the data.
The liability of the JMU for data backup, data loss or data alteration is limited to grossly negligent and intentional conduct.
Access to data and metadata being in pending status is generally restricted to one person only. However, at the request of the data provider, workspaces can be set up to which several persons have access and can add and edit data packages and metadata. In this case, the data providers must inform the JMU of any changes in access rights. The JMU assumes no liability for data integrity issues that may arise in such workspaces.

§ 7 Data protection

The JMU processes personal data collected in the context of uploading research data in WueData in accordance with DSGVO. For further information please see the privacy policy of WueData.

§ 8 Blocking of data

Deleting uploaded data packages before the expiry of the guaranteed 10 years is generally not provided for. However, the JMU reserves the right to block access to an uploaded data package in exceptional cases if its publication violates applicable law or if there are technical errors in the data and/or other materials.
The blocking of access is limited to the uploaded data packages; the metadata remain openly accessible. The DOI assigned to the data package continues to lead to the corresponding entry in WueData, which is supplemented by the reference that the data have been withdrawn.

§ 9 Legal succession

Data providers shall inform the JMU in the event of a legal succession to data packages and name the successors.
To notify the JMU about a legal succession, an email must be sent to the following address: wuedata@uni-wuerzburg.de.

Terms of use for data users

§ 1 Limitation of the User Relationship

The legal relationship between data users and the JMU is limited to the download of data packages or metadata. The terms of data use shall be governed by the license conditions and further specifications chosen by the data providers. The JMU reserves the right to restrict the use of the repository or to completely discontinue the service.
JMU assumes no liability or warranty that the data packages provided are correct, up to date and reliable.

§ 2 Data collection

Personal data of the users will only be collected as far as necessary for the operation of WueData or for the authentication process.
Log data is collected anonymously for the statistical evaluation of user access.
Personal and statistical data is processed in accordance with DSGVO. For further information please see the privacy policy of WueData.

§ 3 Costs