By submitting material/data to the Open Access Repository (“Work”) the person(s) submitting the Work (“Depositor”) agree to the following terms and conditions.
TERMS OF LICENCE
Grant of rights to the University
1. The Depositor grants to UTAS a cost-free, worldwide, non-exclusive, perpetual licence to:
(a) the Work for the purposes of:
• storing, using, reproducing, publishing, distributing and communicating to the public, in or through the Open Access Repository
• modifying the Work as required for the technical operation or organisation of the Open Access Repository; and
• making and keeping copies of the Work for security, back-up, archives and preservation.
Unless the work has prior approval to be stored under restricted access or embargo.
(b) the information submitted by the Depositor relating to the Work (“Metadata”) to promote access to the Work in or through the Open Access Repository.
Representations and warranties of Depositor
2. The Depositor represents and warrants for the duration of the Terms of Licence, as follows:
(a) the Depositor is 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 Open Access Repository on the terms of this Licence and agree to this Licence;
(b) the Depositor has the right to grant the rights contained in this Licence to UTAS.
(c) The depositor, author or co-author is, or has been, a staff member or student of UTAS.
(d) the storage, use, reproduction, adaptation, publication, distribution or communication of the Work or Metadata by UTAS in accordance with this Licence, will not:
• infringe the copyright, moral rights or other intellectual property rights of any person;
• breach any laws relating to privacy or infringe the privacy, confidentiality or other rights of any person;
• be contrary to or in breach of any laws, including, but not limited to, those relating to defamation;
• cause the Depositor or the copyright owner/s of the Work to be in breach of any agreement (including any publishing agreement);
(e) 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
• clearly identified and acknowledged all third-party owned copyright materials within the content of the Work or the Metadata.
(f) If the Work is based upon work that has been sponsored or funded by an agency or organisation other than UTAS, 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
3. UTAS 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;
(c) if any of the matters referred to in clause 2 are or become incorrect or untrue;
(d) if a claim is made that the Work or Metadata contains offensive, defamatory, confidential or culturally sensitive information.
4. The Depositor may request the removal of a research output by contacting oa.repository@utas.edu.au . The reasons for the request, including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc. must be outlined.
5. If this Licence is terminated, UTAS:
(a) will remove the Work from the Open Access Repository within 7 days of termination;
(b) may retain the Metadata and allow access to it;
(c) retain a copy or copies of the Work for archival purposes.
Liability
6. UTAS shall not be responsible for any mistakes, omissions or legal infringements in the Work or the Metadata.
End-Users
7. Unless the Depositor specifies otherwise, the University will be entitled to authorise any person accessing the Work in or through the Open Access Repository (“End-User”) to reproduce the Work for personal non-commercial use. If End-Users are to have other rights with respect to the Work, the Depositor must specify in the Metadata precisely what those rights are. See below End-Users Annexe.
8. UTAS 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
9. For the avoidance of doubt, this Licence does not exclude, limit or modify any rights available to UTAS or End-Users under relevant copyright laws, including, but not limited to, fair dealing and educational use rights.
Governing Law
10. This Licence is governed by the laws of the State of Tasmania, Australia.
End-User Annexe - Creative Commons Licenses
UTAS 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 see http://creativecommons.org/licenses/
