LICENSE AGREEMENT FOR THE USE OF DATA FROM THE HBSC DATA BANK
This License Agreement is made between you and HBSC represented by the Data management Centre (DMC) at the University of Bergen (UiB) in order to provide you with the right to use the data belonging to the HBSC according to the license terms below.
The University of Bergen acts as host for the HBSC Data Bank and provides the below mentioned data as a part of the WHO cross-national survey project on Health Behaviour in School-aged Children.
In this agreement:
Commercial use means any copying, downloading or linking to the HBSC Data for further redistribution, sale or licensing for a fee. This includes, but is not limited to posting the data on a site or service that incorporates advertising, the inclusion of the HBSC Data (other than permitted use with appropriate acknowledgments) in other works or services that is then made available for sale or licensing for a fee and the use of the HBSC Data by for-profit organizations for promotional purposes, whether for a fee or otherwise.
Special Conditions means any additional terms or conditions that may apply in the “Health Behaviour in School-aged Children: A WHO Cross-national survey”.
HSBC Data Bank means the collection of nationally representative data for 11, 13, and 15 year old students in Europe and North America.
HSBC Data Manager means the academic institution responsible for the HSBC Data Bank.
Service Provider means the Norwegian Centre for Research Data (NSD).
I agree to the following conditions of use in consideration of the terms on which the HBSC Data Bank collection is made available for me:
1. To use the data from HBSC only in accordance with this License agreement and to promptly notify the HSBC Data Manager of any breach of the terms or of any infringements or misuse of the HBSC Data Bank or of its data that I become aware of by writing to email@example.com.
2. To use and to make personal copies of any part of the HBSC Data Bank only for the purposes of not-for-profit research, teaching or personal educational development. Any commercial use of the HBSC Data Bank or its data, in parts or whole, is strictly prohibited.
3. That this License does not transfer any interest in intellectual property from the HBSC data, the HBSC Data Manager, Service provider, the original data creators, producers or other rights holders to me.
4. That this License and the HBSC Data Bank are provided on an ‘as is’ basis and without warranty or liability of any kind. Any representations or warranties given by any member of the HBSC relating to this license are excluded to the maximum extent permitted by law.
5. To abide by any further conditions notified to me by the HBSC Data Manager or the Service Provider that may apply to the access to, or use of, specific materials within the data collections or particular data. Notice of further conditions under this paragraph may be given to me by electronic means, for example on the HBSC website or by e-mail.
6. To give access to the data collection, in whole or in part, or any material derived from the data collection, only to persons who have registered as users of the HBSC Data Bank and who have entered into this License Agreement and any Special Conditions that may apply with HBSC. Use of the data or materials derived from the data supplied in the HBSC Data Bank for the stated purpose of teaching or included in publications made for the purposes set out in paragraph 2 is excepted from this paragraph.
7. To ensure that the means of access to the data are kept secure and not to disclose to a third party except by special written permission or license obtained from the HBSC Data Bank Manager.
8. For publication purposes to include in all publications references to HBSC in the keywords and acknowledgments. The standard HBSC acknowledgment text is to be included in all publications:
HBSC is an international study carried out in collaboration with WHO/EURO. The International Coordinator of the 2005/06 survey was Prof. Candace Currie and the Data Bank Manager was Prof. Oddrun Samdal. The 2005/06 survey was conducted by Principal Investigator in [insert number of countries] countries: [insert list of countries and country PIs]. For details, see http://www.hbsc.org.
The acknowledgment must be used in publications, but may be abbreviated by leaving out PI and country names where a word limit is imposed by a journal editor.
9. To supply HBSC with bibliographical details of published work based wholly or in parts on the HBSC data collections to the email address firstname.lastname@example.org.
10. To notify the HBSC of any errors discovered in the data collections to the email address email@example.com.
11. To promptly notify HBSC of any changes in my personal data strictly relevant for access to the HBSC Data Collection, such as my educational or employment status.
12. To understand that any breach of any of the provisions of this License Agreement will lead to immediate termination of my access to the HBSC Data Bank either temporarily or permanently, at the discretion of HBSC or the Service Provider, and may result in legal action being taken against me. I understand where there is no breach of this License Agreement, it may be terminated, or its terms altered by HBSC at any time with a 30 days notice on the HBSC Data Bank website. The failure of exercise or delay in exercising a right or remedy provided in this License Agreement does not constitute a waiver of rights and shall not be interpreted as an acceptation of any rights.
13. To understand that HBSC bear no responsibility for the accuracy or comprehensiveness of the data supplied. That HBSC bears no liability for the data provided and that I will not make any claim against HBSC for any direct, indirect, consequential or incidental damages or losses arising from use of the HBSC data collection or from the unavailability of, break in access, the service or other reason.
If the whole or any provision of this License Agreement is or becomes void, invalid or illegal for any reason, that provision shall not affect the legality and validity or the other provisions.
This License Agreement is governed by the laws of Norway. All disputes arising out of or in connection with this License Agreement which cannot be solved amicably, shall be submitted to the exclusive jurisdiction of the courts of Norway.