Agreement for the Provision of Digital Object Identifiers (DOI)

Transcription

1 Agreement for the Provision of Digital Object Identifiers (DOI) This Agreement for provision of digital identifiers ( Agreement ) is concluded by and between the German National Library of Science and Technology / Technische Informationsbibliothek (TIB), having its principal place of business at Welfengarten 1B, Hannover, Germany (hereinafter called "TIB") and as a Data Centre (hereinafter called "DC"). 1. Object of Agreement 1.1 This agreement contains the terms and conditions for the provision of Digital Object Identifiers (DOI names) for scientific objects to DC by TIB. By signing this contract, DC agrees to perform as a Data Centre. 1.2 Further details in respect of the metadata delivered as well as the price model are contained in the DataCite Metadata-Schema ( DataCite Metadata Schema for the Presentation and Citation of Research Data ) and Schedules 1 and 2 repectively. 2. Rights and obligations of TIB 2.1 TIB is a member of DataCite e. V. acting as registration agency for digital object identifiers (DOI names). The service includes: The provision of DOI names a. The registration of DOI names to persistently identify objects for the DC, further b. A metadata management service (DataCite Metadata Store) to enable the DC to submit the Metadata to DataCite e. V. and link the Metadata with the DOI names. 2.2 The Metadata will be stored and made accessible to the public through an online portal. 2.3 Each party shall bear the costs which arise in the field of its own activity. 2.4 To provide its services, TIB currently benefits from the license to use the DOI system acquired by DataCite e. V., the infrastructure (e. g. DataCite Metadata Store) and the respective portal provided by DataCite e. V. In case membership of TIB in DataCite e. V. ceases or TIB ceases to function as DOI registration agency, TIB shall strive to transfer the maintenance of the registered DOIs to another institution. Agreement for the Provision of Digital Object Identifiers (DOI) 1

2 3. Rights and obligations of DC 3.1 DC is responsible for: a. the storage and ensuring the persistence of the scientific objects b. the provision of access, review process and maintenance of the Metadata c. the quality control This implies: a. storage and ensuring the persistence of the scientific objects The DC is responsible for the storage and accessibility of the scientific objects. External Third Parties may be entrusted with the storage and related (exclusively technical) services. Any scientific object registered with a DOI name has to be accessible through a URL. TIB recommends to let the URL point to an HTML-site, which contains information about and the access modalities to the object ( landing page ). A landing page is compulsory, if the objects cannot be used with standard desktop software (e. g..xls,.pdf,.txt) or if the objects are not freely accessible. The Landing Page must be freely accessible and the contained URLs must be up-to-date. Within the bounds of possibility, DC has to ensure that registered objects will be available for the entire term of the agreement. b. provision of access, review process and maintenance of the Metadata For any scientific object which is to be registered with a DOI name by TIB, DC has to prepare and submit metadata according to the DataCite Metadata Schema ( DataCite Metadata Schema for the Presentation and Citation of Research Data ). All versions of the metadata-schema are accessible via The registration of DOI names by TIB only takes place after or at the same time as the Metadata are submitted by the DC. DC is responsible for the integrity and correctness of the Metadata. DC submits modifications of the URLs for its items to the DataCite Metadata Store as soon as possible, to ensure the resolution of the DOI name. Once an item is registered, it may not be altered. If an item is changed, it has to be registered with a new DOI name. The metadata may only be altered according to the provisions of the Metadata Schema. In case an item ceases to be available, a corresponding notice must be published on the landing page. A landing page shall be set up for this purpose, if it does not exist yet. c. quality control Within the bounds of possibility, DC has to ensure that the object is valid according to DC s own standards and according to the general rules of scientific good practice in the relevant field of research (if available). 3.2 Each party shall bear the costs which arise in the field of its own activity. Agreement for the Provision of Digital Object Identifiers (DOI) 2

3 4. Payment When payment is due in respect of a service (Schedule 1), TIB shall send an invoice to the DC. The declared invoice total must be paid within 30 days of the invoice date. 5. Property and user rights 5.1 The registration of scientific objects does not include any transfer or assignment of ownership of any Intellectual Property right (IPR). 5.2 In all cases where copyright applies, DC warrants that it owns the copyright and intellectual property rights of the Metadata registered by TIB and is entitled to the registration of the objects. In the event third parties make claims against TIB or DataCite e. V. in connection with these rights, DC shall avert all claims against TIB or its co-operation partners and indemnify TIB and its cooperation partners for any claims by third parties which relate to any possible legal infringement through the storage and the distribution of Metadata, if the DC is at fault. This shall not apply, if the use of the Metadata by TIB constitutes a breach of the rights granted in this Agreement. 5.3 TIB acquires the Metadata under the conditions of the Creative Commons License CC0 1.0 Universal (CC0 1.0) Public Domain Dedication (Link to the summary and legally binding version of the license text: 6. Warranty and liability 6.1 DC endeavours to comply with general rules of scientific good practice in the relevant field of research in relation to storage and assuring the persistency of the scientific objects within the bounds of possibility. 6.2 In the event of any difficulties and errors of transmission or other technical problems, DC shall redeliver the affected Metadata, if possible. The parties shall collaborate closely and trustingly in order to remedy errors. 6.3 DC shall be exclusively responsible for any malfunctions which arise in its own sphere of influence or for any errors in the delivered Metadata. 6.4 TIB shall endeavour to rectify all technical malfunctions within its own sphere of influence. TIB will report all technical errors resulting from malfunction of the DOI resolution mechanism or within the systems of DataCite e. V. and which are outside TIBs own sphere of influence as soon as possible to DataCite e. V. and strive towards a solution. 6.5 TIB shall not be liable for the correctness and completeness of any registered object or Metadata. Agreement for the Provision of Digital Object Identifiers (DOI) 4

4 6.6 The parties shall cooperate closely and trustingly in order to prevent and ward off claims by third parties. The parties are only liable for pecuniary damages caused with intent or through gross negligence. Liability is not limited in case of damages to life, body or health. 6.7 Neither party will be liable to the other for any loss or any failure to perform any obligation hereunder, which results from causes beyond its reasonable control and which occur without its fault or negligence (Force Majeure), without limitation, provided that the respective party gives the other party detailed written notice immediately after discovering Force Majeure. 7. Duration, termination of Agreement 7.1 The Agreement shall become effective at the date of signature and shall continue until 31 st December Thereafter it shall automatically be extended on an annual basis unless previously terminated by written notice 3 months' prior to the end of the calendar year. 7.2 The right to extraordinary notice of cancellation with the effect of immediate termination shall not be affected. Cause for an extraordinary notice of cancellation includes, but is not limited to the following events If one of the parties of this contract breaches its obligations under this Agreement, or If any insolvency or administration proceedings are commenced against the assets of one of the parties. 7.3 In case of the termination of the contract, the registered DOIs shall persist. TIB shall have no obligation to remove the Metadata from the systems of DataCite e. V. 7.4 TIB reserves the right to terminate the contract, if the DC is located outside the EU and a member of DataCite offers DOI-registration services at the principal place of business of the DC or that due to an agreement among the members of DataCite e. V. another member of DataCite is destined to perform the services for this DC. 8. Assignment Neither party shall assign its rights and obligations under this Agreement to a third party without prior written consent of the other party. 9. Final provisions 9.1 The parties shall nominate trusted personnel to coordinate the details of the services to be offered. A list will be prepared as schedule 2 of the agreement. 9.2 Alterations and amendments of this Agreement must be in writing in order to be effective. This clause can only be amended by written Agreement. 9.3 Schedules 1 and 2 shall form part of this Agreement. Agreement for the Provision of Digital Object Identifiers (DOI) 5

5 9.4 In the event that provisions of this Agreement are or shall become legally unenforceable, the validity of the remaining provisions shall remain unaffected. These provisions are to be interpreted, changed or amended so as to reach the purpose of this Agreement as best possible. The same shall apply in the event that loopholes appear in the practical application of this Agreement which had not been foreseen by the parties to the Agreement. 9.5 Place of performance and jurisdiction for all claims arising out of this Agreement shall be Hannover / Germany. 9.6 This Agreement shall be interpreted and construed according to and governed by the laws of the Federal Republic of Germany. Signed on... Signed on... for and on behalf of DC for and on behalf of Technische Informationsbibliothek (TIB) By... By... Prof. Dr. Sören Auer (Director TIB) Agreement for the Provision of Digital Object Identifiers (DOI) 6