AfricaRice information access agreement for databases
Preamble
This information access agreement (referred to hereafter as the "IAA") governs the terms and conditions under which Africa Rice Center, organization founded by african countries, affiliated to the Consultative Group on International Agricultural Research (CGIAR), and referred to hereafter as "AfricaRice") is making available to the institution or the individual mentioned below (referred to hereafter as the "user") information and data described in the forthcoming data base. "The Parties" refer to both AfricaRice and the user.
Article 1. This information access agreement is an agreement between one institution mentioned below through its legal representative or duly authorized agent and AfricaRice, or between an individual and AfricaRice. This agreement is uninominal, and not transferable. This IAA and the copyright of AfricaRice over the information and the data base shall last over the same duration as for any other copyrighted work in the country where the data base is accessed, according to the copyright law in this country.
Article 2. AfricaRice is making available the information and data found in the data base and copyrighted to AfricaRice for general information purposes of scientific research, or germplasm conservation and enhancement such as plant breeding, or technical training, or general education, or academic or personal use. Anytime the user consults the data base through AfricaRice web site, he/she shall be bound to the same obligations under this IAA. Should the user store the information and data for future use, or use them for research or training or informational purposes, or publish results of studies including the data or information, acknowledgement shall be given to AfricaRice
Article 3. The user shall not claim legal ownership over the information and data found in the data base nor seek intellectual property protection under any form over these information, data and data base. The user shall not transfer the information and data found in the data base and referred to in this IAA, or any copy of them, to a third party without obtaining written authorization from AfricaRice beforehand. AfricaRice reserves the right to expressly authorize the transfer of the information and data to the third party, or deal separately with the third party as another user.
Article 4. The user shall not modify the information and data in any way. The user shall not use or distribute the information and data for profit, including commercial publication, reproduction, transmission, or storage in any form. The user can download or print part of the data base (not the totality) for his/her own personal use for the purposes as defined in Article 2. In printing part of the data base, the user should make sure that AfricaRice as copyright owner and the copyright sign and year appear in all copies.
Article 5. AfricaRice is making available these information and data with all pertinent checks to the extent possible. AfricaRice however does not guarantee the accuracy or completeness or correctness of the information and data. The information and data do not reflect at all any philosophical, political, or any other non-technical opinion by AfricaRice. The information and data do not reflect either any position or endorsement by AfricaRice about countries (namely their boundaries or parts), institutions, associations, and individuals. The information and data should not be construed as professional know-how or opinion. The casual mention of any method or product or trademark in the data base does not mean any recognition or promotion by AfricaRice or warranty of merchantability or fitness for a particular purpose. AfricaRice shall not be liable for damages resulting from the use of the information and data, or the misuse of them such as omission or deformation, or performance.
Article 6. No technical failure or mishap or delay in any presentation or transmission of the information and data and data base shall constitute a waiver of any right under this IAA. AfricaRice reserves the right to modify or update the information, data, and data base at any time in whatever way to better fulfil its mission; any modification or updating by AfricaRice shall not constitute a waiver of any right of the Parties under this IAA.
Article 7. This IAA shall terminate immediately upon the violation by the user of any of the terms and conditions. The user may terminate this IAA at any time. Upon termination, the user agrees to delete all copies of the information and data found in the data base and to cease all uses of them.
Article 8. User (signing on behalf of the institution, this being fully spelled, if appropriate), full names, position (if appropriate), place, date.
(1) This does not prevent the recipient from releasing or reproducing the seed for purposes of making it directly available to farmers or consumers for cultivation, provided that the other conditions set out in the SMTA are complied with.