CLARIN TERMS OF USE

Preamble

Welcome to [the repository]. This repository service is provided to you by [a centre or unit with legal personality], located at [full address], hereinafter referred to as CLARIN Centre. The mission of CLARIN is to provide as wide access as possible to language research materials and tools around Europe. To archive this goal, we set some ground rules in this document. By accessing or using, and in consideration of the CLARIN Services provided to you, you agree to abide by the Terms of Use below, which can be updated or modified according to article 9.

Terms of Use 

1.  Governing Terms

1.1 	The access to and use of CLARIN Services are governed by this Agreement and by its terms and conditions, which are hereby incorporated into its End-User License Agreements.  The User's attention is drawn to the provisions limiting access to certain classes of resources.

1.2 	Any use of the CLARIN Services by means of the User Identity granted by the local identity provider also signifies the User's acceptance of the Terms of Use and the User's agreement to be bound by them.

2.  Definitions

2.1 	All terms used in this Agreement, unless specifically defined herein, will have the meanings attributed to them in this Agreement. The following terms shall have the following meaning:

"Authorised Use" means use by a User who is accessing the CLARIN Services via the identity provided by a national identity provider.  

“Academic Use” means use by a User who fulfils the criteria set by the national identity providers for Academic users and defined by CLARIN ERIC.

“Non-Commercial Use” refers to any use that does not generate income or is not used to promote the generation of income.

“User Identity” refers to the identity granted by a local identity provider or a CLARIN Centre of type A or B.

3.  Access to CLARIN Services

3.1 	CLARIN hereby grants the User a limited non-exclusive non-transferable licence to access and use CLARIN resources under the terms of this Agreement and via the chosen User Identity.

3.2 	Access to certain Features and Databases may be restricted by CLARIN.

3.3 	The User will be responsible for all access to CLARIN by means of the chosen User Identity whether or not the User has knowledge of such access and use. CLARIN reserves the right to cancel any User Identity without notice. 

3.4 	The User understands and acknowledges that the User Identity is for his or her use only and that the User is prohibited from permitting any third party from accessing CLARIN by means of the User Identity.

3.5 Content Categories

CLARIN offers content in three different main categories: 
•	Public Content (PUB)
•	Academic Content (ACA)
•	Restricted Content (RES)
The User understands and acknowledges that depending on the content the access may be limited based on this categorization and the User Identity. CLARIN may also require acceptance of additional licensing or usage terms for Academic and Restricted Content. The User agrees to use the content according to the conditions. 

3.6 Sub-categories

The offered content may belong to certain sub-categories indicated by the following category labels:
•	Identification and Access conditions
o	ID: The user needs to be authenticated or identified
o	AFFIL=x: The user needs to be affiliated with some community, e.g. a community of academic researchers (x=EDU) or a community of language research and technology researchers more generally (x=META)
o	PERM: The user can only be given permission to use the resource on a case-by-case basis, such as a mandatory fee or a research plan
o	FF: A fee is required to get access to the resource
o	PLAN: The right holder requires a research plan for granting access
•	General Use conditions
o	BY: Attribution, i.e. acknowledgement of authorship, is required
o	NC: The content is available only for non-commercial purposes
o	INF: Informing the rights holder about the use of the resource is required
o	LOC: The content is available only at a single location, center, or site?
o	LRT: The content is available only for language research and technology development
o	PRIV: There are personal data in the resource
•	Distribution conditions
o	NORED: The user is not permitted to redistribute the resource
o	DEP: The user is not permitted to redistribute the resource but as an exception to this rule, the user may still distribute modified versions via CLARIN
o	SA: The resource can be redistributed under similar conditions, i.e. is the license reciprocal
o	ND: The user is not permitted to make derivate works, i.e. works containing copyrighted parts of the original
•	Other conditions
o	*: 	There are other non-standard conditions in the license that the user should pay attention to
The User agrees to adhere to these requirements. 

3.7 Content-Specific Licenses

In addition to the aforementioned categories, some content has its own license (for example a Creative Commons-license), which may set additional limitations and requirements. The User agrees to follow these limitations and requirements.

4.  Research Ethics

The User agrees to observe best practices regarding research ethics. This includes treating colleagues, stakeholders, customers, suppliers and the public respectfully and professionally, taking into account confidentiality when appropriate, respecting cultural differences and having an open and explicit relationship with government, the public, the private sector and other funders.

5.  Availability of Services

CLARIN disclaims all responsibility and liability for the availability, timeliness, security or reliability of the services, software or other content provided through the CLARIN Services. CLARIN reserves the right to modify, suspend, or discontinue the services or access to the services without any notice at any time and without any liability to you.

6.  Governing Law and Entire Agreement

These Terms are governed by the laws of <COUNTRY> without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. The User agrees to the sole and exclusive jurisdiction and venue of the <CITY> District Court of Law in the event of any dispute of any kind arising from or relating to the CLARIN Services, or the User’s use or review of it.  However, CLARIN has the right to use the laws of another jurisdiction to get injunctive measures against the misuse of the CLARIN Service. 

The Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. 

7.  Data Protection and Privacy

The User agrees to follow the data protection policy of the CLARIN Services.

8.  Usage Statistics and Automated Querying

CLARIN maintains usage statistics as a measure of readership and other use of the CLARIN Services by authors and researchers. It is a violation of CLARIN policy for a party to directly or indirectly use CLARIN with a view to affecting download and other usage statistics, or to encourage others to do so. As part of its general right to refuse or terminate service and remove or edit the content of the CLARIN Services, CLARIN reserves the right in its sole discretion to limit access, remove content, and adjust usage statistics to respond to any activity that appears likely to have such an effect.

9. Amendments

9.1 	If these Terms of Service are modified for legal, administrative or any other reasons, the CLARIN Centre shall notify the users about these amendments by publishing the relevant information on the CLARIN Centre website without unreasonable delay.

9.2 	If the User continues to use the services after being properly notified about the amendment of the Terms of Service, it implies his consent to the new Terms of Service.

10.  Termination 

If the User violates the letter or spirit of this agreement, or otherwise creates a risk or possible legal exposure for CLARIN, CLARIN can stop providing all or part of CLARIN Services. CLARIN will notify the User at the next time he or she attempts to access the CLARIN Services.