The License Terms and Conditions of Use
Post-Uploading Activity
The Terms and Conditions of Use for each Dataset are recorded using The License Agreement Form. This ensures that all decisions are captured in a single place and that they are retained for audit purposes. However, to assist in the selection of the correct License Terms and Conditions of Use, the ADA also provides the ADA License Terms and Conditions of Use Selection Information document. This document describes the Terms and Conditions that are commonly used in support of Datasets, allowing you to select the most appropriate for your data. The document also shows you what Terms and Conditions of Use can be applied to each Access Category.
Agreement between the Data Owner and End User
The correct choice for the Terms and Conditions of Use for your data is important as this is the agreement between you the Data Owner and any subsequent End-User of your data. It is the information that the user must agree to abide by if they require and are granted access to your data. The sharing or release of your data is enacted via the signing or agreement to a contract (the Terms and Conditions of Use) when the access request is submitted by the user through Dataverse. This helps to make it clear who is responsible for what and it also ensures fair processing, usage and retention of the data.
The Standard ADA License Terms and Conditions of Use (Undertaking Form) also provide information relating to the inappropriate use of your data or the failure to keep your data safe once access has been provided. Penalties for breaches of these conditions will vary depending upon circumstances and the findings of any investigation. At one end of the scale they may result in temporary suspensions to access datasets, or the permanent withdrawal of ADA Dataverse access for users and even organisations, rising in severity through to legal action in the most extreme and serious cases.
What Terms and Conditions of Use are available
The License Terms and Conditions of Use (Undertaking Form) Selection Information document provides the Data Owner with a detailed description of the various Terms and Conditions of Use on offer with the ADA. In summary, the ADA offer the following:
a. A set of ADA Standard Terms and Conditions of Use that can be adopted by any Data Owner for use with their Dataset.
b. If required, a more personal, tailored set of Non-Standard ADA Terms and Conditions of Use can be agreed through consultation with the ADA. If you think that you require such bespoke conditions for your Dataset, you are encouraged to liaise with the ADA at the earliest opportunity as they may be able to assist you through the provision of examples of some other forms of Non-Standard Terms and Conditions of Use. There is a section at the rear of the Terms and Conditions of Use (Undertaking Form) Selection Information document where you are able to draft Non-Standard License terms and Conditions of Use ready for agreement with the ADA.
c. In addition, for Open Access categories of data, the ADA also allows you to select Creative Commons (CC) Terms and Conditions of Use.
The ADA License Terms and Conditions of Use (Undertaking Form) Selection Information document describes each of these options in detail.
How will the Terms and Conditions be entered onto my Dataset(s)
Within a Dataset, under the “Terms’ tab, by selecting the waiver option, “No, do not apply CC0 – Public Domain Dedication”, i.e. if you do not want to waive your rights and want to place a copyright on the work, you will be granted access to a free text 'Terms and Conditions' field.
It is within this field that your chosen Terms and Conditions of Use information will be recorded. This information will be extracted directly from the ADA License Terms and Conditions of Use (Undertaking Form) Selection Information document for CC Licenses and ADA Standard License Terms and Conditions of Use. The ADA Staff will enter this information for you prior to them testing the publication of the Dataset and the final publishing of the Dataset.
For Non-Standard Terms and Conditions of Use, the draft information that you provide via the ADA License Terms and Conditions of Use (Undertaking Form) Selection Information document will be reviewed and agreed by the ADA Director prior to it being entered into the Dataset, again by the ADA Staff.
Additional License Information Fields
If you select anything other than a CC0 – Public Domain Dedication license for your data set, there are a series of additional information fields that are open to the Data Owner. These fields allow you to augment or elaborate on the Terms of Conditions of Use that you have chosen. Template wording for each item is provided as a guide within the ADA License Terms and Conditions of Use (Undertaking Form) Selection Information document. This default information will be used in lieu of any additional information provided by you.
Where you require these fields to be amended, you the Data Owner or your authorised depositor is to record the changes to the template wording on the aforementioned document in red text or as tracked changes before returning the ADA License Terms and Conditions of Use (Undertaking Form) Selection Information document to the ADA for agreement by the Director. If required, the ADA Director will contact you to discuss the License Terms and Conditions of Use.
Download the Terms and Conditions of Use (Undertaking Form) Selection Information document
The License Terms and Conditions of Use (Undertaking Form) Selection Information document can be accessed at the following link:
The document will be made available online in due course, in the meantime depositors should Contact the ADA requesting a blank copy of the License Terms and Conditions of Use (Undertaking Form) Selection Information document be sent to them.
ADA Staff can access the form at the following SharePoint link: https://anu365.sharepoint.com/:w:/s/CSRM/EVQ5RWCjvxJPry1B_L4fosMBPkaWRkF2UDw3YsojCZmreA?e=Dm9vl6