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Atom Probe Workbench Terms of Use

The Services and Tools are offered to you under these terms and conditions by The University of Melbourne, Monash University and the University of Sydney (Providers).  The Providers or any one or more of them may each offer to Users all or part of the Services or Tools or may contract another party or parties to provide those Services and Tools to Users.

NECTAR FUNDING

The Atom Probe Work Bench is funded by the National eResearch Collaboration Tools and Resources (NeCTAR) Project whose purpose is to enhance research collaboration and research outcomes by providing information and communication technology (ICT) infrastructure that creates new information-centric research capabilities, simplifies the combining of instruments, data, computing, and analysis applications and enables the development of research workflows based on access to multiple resources.  The purpose of NeCTAR is to support Users with desk-top or bench-top access to a full suite of digitally-enabled data, analytic and modelling resources, specifically relevant to their research.

PURPOSE

The purpose of the Atom Probe Work Bench is to provide a platform to allow Users to use a series of tools in a workflow and to use their own data, other Users’ data or third party data (with permission) to generate and analyse new data for research purposes, including scientific and engineering purposes.

 

REQUIREMENT FOR REGISTRATION

Users are required to register to use the Services and Tools.  Use of particular Tools may require Users to register again to use those Tools.  Registration is free but conditional on each User providing to us accurate and up to date information, including a valid email address.

We may refuse to accept your request for registration and/or terminate your registration  at our discretion and without notice for any reason, including the provision of inaccurate or incomplete registration details or if you disrupt or misuse the Site or Tools or Content in any way or use the Site, Services, Content or Tools for anything other than the Approved Purpose.

 

APPLICATION OF THESE TERMS OF USE

These Terms of Use will apply to your use of the Site, Services, Content and Tools each time you log on.  These Terms of Use, including the Privacy Policy, may be amended from time to time at our discretion.  You will be prompted to accept these Terms of Use each time you log in with your user name and password.

We reserve the right to change, suspend or discontinue the any part of the Site, Services, Tools and any Content at any time, without any notice and without any liability to you.

LICENCE TO USERS

The Providers jointly and severally grant to the User a non-exclusive right to use the Site, Services, Content and Tools until further notice subject to the conditions set out in these Terms of Use.

USING THE SITE

Your access to and use of the Site is for the purposes of research, teaching, education and academic publication only (Approved Purpose).   Users from commercial organisations are welcome to access and use the Site, provided the Site, Services, Content and Tools are used for the Approved Purpose, in accordance with these Terms of Use  and provided the Content is not used to create a Product.

Your use of the Site is for your personal research, teaching, education and academic publication.  You are not permitted to transfer to third parties any data that is generated as a result of your use of the Site (Generated Data), except for scholarly publication of that Generated Data.

You are solely responsible for ensuring that your data is backed up in a secure location at all times.  None of the Providers shall be responsible for any loss of data at any time, including for your failure to back up data or that your attempt to back up data has failed.

INTELLECTUAL PROPERTY RIGHTS IN THE SITE

The Providers and where applicable, their contractors retain all right, title, and interest in and to the Site, Services, Tools and Content and any rights not granted to you under these Terms of User are expressly reserved by the Providers.

You may not reverse engineer, disassemble, decompile, or translate the Site, Services, Content or Tools or otherwise attempt to derive the source code of the Tools, except to the extent allowed under any applicable law. If applicable law permits such activities, any information discovered must be promptly disclosed to the Providers and is deemed to be the confidential information of the Providers.

YOUR CONTRIBUTION

Uploading your Contribution You may upload a Contribution to the Site using the Tools.  Each Contribution you upload must be your own original work and must not include or be adapted from third party copyright material without the express permission of the copyright owner. Your Contribution must not include the Confidential Information of any third party.

Copyright retained by authors Copyright in Your Contributions remains with you as the author of that Contribution.  You hereby grant a free, non-exclusive, perpetual, world-wide licence to the Providers to use, reproduce, publish, modify, adapt and communicate your Contributions with a right to sub-licence other Users to use, reproduce, modify, adapt and communicate your Contributions for the Approved Purpose. The permission you give to us does not restrict you from using Your Contributions in any way.

Acknowledgment You will be acknowledged as the author of your Contributions wherever possible, although you acknowledge that in some circumstances, it may not be possible to acknowledge you as the author of your Contributions and in that instance you waive your right to be acknowledged as the author of your Contribution. When you adapt another User’s Contribution, you will acknowledge that User as having provided the original Contribution

Your Contributions may or may not be pre-screened and there may be a delay before your Contribution appears on the Site.  We may choose not to use Your Contributions or remove Your Contributions from the Site in our complete discretion.

PUBLICATION OFSCHOLARLY ARTICLES

Where available, a User who includes data through use of the Site and the Tools in a scholarly publication will acknowledge the Tools used to run the data in accordance with the form of acknowledgment specified on the Site and will acknowledge the owners of the data that was used to process that workflow.

Other publication except in accordance with this clause is not permitted except with the permission of the Providers and the data owners.

TERMINATION

You agree that the Providers or any one of them may, without notice, suspend or terminate your access to the Site, Services, Content or Tools in their complete discretion, without notice on any reasonable grounds including but not limited to:

$1·                breach by you of these Terms of Use ;

$1·                request by law enforcement authorities or agencies ;

$1·                technical issues or problems ;

$1·                extended periods of account inactivity; and

$1·                where it is suspected you have used the Site, Services, Content or Tools for an unlawful or illegal purpose or a purpose which is not an Approved Purpose

INFORMATION WE COLLECT ABOUT YOU

We capture usage statistics from each session.  We use it for purposes of reporting on the use of the Site and for future development of the Site, Services, Content and Tools.  You can view your usage statistics, but Users usage data is aggregated for the purposes of reporting and the individual User is de-identified.  See the Provider’s Privacy Policies for further information about information collected about you and your usage of the Site.

DISCLAIMER AND LIMITATION OF LIABILITY

The Site, Content, Services and Tools are made available for use by Users on an as is and as available basis. Your use of the Site is at your sole risk and is on the understanding that Users exercise their own professional judgment, skill and care with respect to their use of the Site, Services, Content and Tools and make their own inquiries in relation to the suitability of the Site for use in their specific circumstances. 

To the extent permitted by law the Providers jointly and severally expressly disclaim all warranties and conditions of any kind regarding the Site, Services, Content and Tools whether express or implied unless expressly set out in these Terms of Use. Without limiting the foregoing the Providers do not warrant:

$1·       the availability, accuracy or reliability of the Site, Services, Content or Tools; or

$1·       that your data will be available or that it will not be corrupted, damaged or lost.

The Providers do not warrant that the Site will be available at any particular time, will be uninterrupted or error free or that any errors or defects will be corrected.

By registering to use the Site, each User expressly waives and releases each Provider and all of them, to the fullest extent permitted by law, from any and all claims relating to the use of the Site and reliance on the Services, Content and Tools.  In no event shall any or all of the Providers be liable for any injury, loss or damage occurring to any User or any third party claiming through any User which results for the use or reliance on the Site, Services, Content and/ or Tools.

To the extent that our liability for beach of any implied warranty or condition cannot be excluded by law our liability will be limited at our option to:

$1·                in the case of goods supplied or offered by us;

$1·                repairing or replacing the goods; or

$1·                paying the cost of having the goods supplied again;

$1·                in the case of services supplied or offered by us;

$1·                resupplying those or equivalent services; or

$1·                paying the cost of having the services supplied again.

In no circumstances are We liable for any indirect or consequential losses or damages arising in connection with your access to and use of the Site.

The material at this site may include data provided by other Users or third parties which has not been viewed, vetted or approved by the Providers and the Providers have not checked the data for accuracy or validity.

Links to third party web sites are for convenience only and do not constitute an endorsement by the Providers or any User of the content of those third party web sites or any associated organisation, product or service. Users must make their own inquiries and assessment concerning the accuracy, currency, reliability and correctness of the information contained on those sites.

GOVERNING LAW 
These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia.

DEFINED TERMS

The following terms have the following meaning:

Approved Purpose” means the purpose of research, teaching, education and academic publication and does not include any other purpose;

Content” means any and all material published on the Site including data uploaded by Users to the Site;

Product”  means software, or a tangible product manufactured or distributed by  a User or a User’s employer or a service provided by a  User or a User’s employer;

Provider” and “Providers” means The University of Melbourne, Monash University and the University of Sydney;

Services” means any service, facility or function offered by a Provider or more than one of them via the Site;

Site” means the website accessible at [insert website address];

Terms of Use” means these terms and conditions governing the use of the CVL Atom Probe as amended from time to time by the Providers;

Tools” means any tool downloaded by a User upon registration;

We”, “Our”, and “Us” means the Providers severally and jointly;

Users” means any person who registers to use the Site and whose registration is accepted by the Providers.

You” and “Your” means the User viewing these Terms of Use.

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