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Federation.figshare

Federation.figshare is a collaborative digital repository for storing, sharing, and publishing research files

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Terms and conditions

 

By publishing through Federation.figshare you agree that you have considered the following questions and their implications:

1. Was the Material created under a contract or grant?  If yes, contact the Research Office at research.office@federation.edu.au to discuss.

2. Does the Material contain any potentially valuable intellectual property (e.g. patentable inventions, data that could be licensed for a fee, software, training materials, designs, trade secrets, ideas or similar)?  If yes, please contact the Research Office at research.office@federation.edu.au to discuss.

3. Did anyone else make a contribution to the Material (e.g. co-authors or co-creators, other staff or students, background or third party materials such as data, artwork, music, software code)? If yes, you will need their agreement and may need to acquire a third party licence. Please contact Copyright Office at copyright@federation.edu.au to discuss.

4. Does the Material contain any personal information or health information that could be used to identify any other person (e.g. names, images, addresses, other identifiers)? If yes, please contact the Privacy Officer at privacyofficer@federation.edu.au to discuss.

5. Does the Material include any Teaching Materials?  If yes, you will also require the permission of your Dean of School (or higher) for its publication.

Complete Federation.figshare Terms and Conditions

Federation University Australia (ABN 51 818 692 256) ("Federation") maintains a digital repository ("Repository") in which it stores and makes available various works via the Internet or other electronic means.

By submitting material for the Repository ("Work") the person(s) submitting the Work ("Depositor") agree to the following terms and conditions.

TERMS OF LICENCE

Background

Users of Federation.figshare are permitted to publish digital files related to their research if they either are the copyright owner of the work or they have the copyright owner/s’ permission. An appropriate licence must also be selected.

The full Terms of Licence are listed below.
Users agree that they will not upload any content to Federation.figshare which is:

  1. offensive, abusive or obscene;
  2. false or defamatory;
  3. confidential or commercially sensitive;
  4. in breach of copyright; or
  5. illegal.

 

Representations and warranties of Depositor

1. The Depositor represents and warrants, as follows:

(a) the Depositor is either the owner/s of copyright in the Work or has the authority of the owner/s of copyright in the Work to deposit the Work in the Repository on the terms of this Licence; and;

(b) the storage of the Work or Metadata by Federation in accordance with this Licence, and any sharing or publication of the Work or the Metadata by the Depositor will not place in the Repository:

  1. any abusive, offensive, obscene or pornographic material;
  2. any false and defamatory statement about any person and/or organisation;
  3. any material which is discriminatory, harassing, derogatory or may cause embarrassment to the Federation, Figshare LLP or their respective clients or staff;
  4. any confidential or commercially sensitive information that the Depositor does not have express authority to disseminate;
  5. any other statement which is likely to create any liability (whether criminal or civil, and whether for the Depositor or Federation or Figshare LLP);
  6. chain mail or junk mail;
  7. any material in breach of copyright or other intellectual property rights, or which invades the privacy of any person; or
  8. any material which facilitates criminal activity, or which is breach of a law.

(c) If the Work or Metadata is shared or published by the Depositor, the Depositor grants to Federation and Figshare LLP the full rights, licences and consents to so share the Work and the Metadata and publish the Work and the Metadata worldwide and at no cost.

(d) If the Work or Metadata contains material for which the Depositor does not own the copyright, the Depositor has obtained all necessary permissions from the copyright owner/s to include the material in the Work and/or Metadata to enable the Work and/or Metadata to be dealt with as authorised by this Licence; and

  1. clearly identified and acknowledged all third-party owned copyright materials within the content of the Work or the Metadata.
  2. If the Work is based upon work that has been sponsored or funded by an agency or organisation other than Federation, all rights of review or other obligations required of the creators or authors of the Work under the contract or agreement with that agency or organisation, have been fulfilled.

 

Termination and removal of Work

Federation may at any time immediately and without notice, terminate this Licence or suspend access to the Work, upon the occurrence of any of the following events:

(a) if a claim is made that the Work contains or describes research that has been falsified or produced as a result of fraudulent or deceptive actions by any person;

(b) if a claim is made that the Work or Metadata infringes the legal rights of any third party; or

(c) if a claim is made that the Work or Metadata contains offensive, defamatory, confidential or culturally sensitive information.

 

3. The Depositor may terminate this Licence by giving Federation written notice of termination.  Such termination shall take effect 7 days after receipt of the notice of termination.

 

4. If this Licence is terminated, the University:

(a) may remove the Work from the Repository within 10 days of termination; and

(b) may retain the Metadata and allow access to it; and

(c) may retain a copy or copies of the Work for archival purposes.

 

Liability

5. Federation shall not be responsible for any mistakes, omissions or legal infringements in the Work or the Metadata.

 

End-Users

6. Federation shall not be responsible for how any End-User deals with the Work and is under no obligation to take any action on behalf of the Depositor and/or the copyright owner/s if an End-User deals with the Work in a way that is not authorised or that infringes any person's rights or for any other reason.

 

No derogation of other rights

7. For the avoidance of doubt, this Licence does not exclude, limit or modify any rights available to Federation or End-Users under relevant copyright laws, including, but not limited to, fair dealing and educational use rights.

 

Governing Law

8. This Licence is governed by the laws of the State of Victoria, Australia.

End-User Annex - Creative Commons Licenses

Federation recommends that depositors use a license to manage reuse of their works by End-Users.  The Creative Commons licenses provide a template of common options that maximise reuse by others and protect your Intellectual Property.  For more information about Creative Commons licenses. http://creativecommons.org/licenses/

CC BY Attribution

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.

CC BY-SA Attribution-ShareAlike

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to "copy left" free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

CC BY-ND Attribution-NoDerivs

This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

CC BY-NC Attribution-NonCommercial

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don't have to license their derivative works on the same terms.

CC BY-NC-SA Attribution-NonCommercial-ShareAlike

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

CC BY-NC-ND Attribution-NonCommercial-NoDerivs

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can't change them in any way or use them commercially.

To give feedback, please email libinfo@federation.edu.au

ABN 51 818 692 256 | CRICOS provider number 00103D | RTO code 4909 | TEQSA PRV12151 Australian University