Berlin, 17 Jul 2018
The use of Services available at this website (https://www.nomad-coe.eu) is subject to compliance with the following Terms:
NOMAD Repository and NOMAD Tools (= NOMAD Services, Services) are managed by [MPCDF and FHI on behalf of Max-Planck-Society] for hosting, organizing, sharing, visualizing and analyzing materials data. Also other sites can provide the Services. Their aim is to provide a platform for granting access to materials data (= Content) for discovering, viewing and analyzing it. NOMAD may be used by uploading Content to NOMAD (as Submitter), by downloading (and using) Content from NOMAD or via the NOMAD browser based Big-Data Analytics Toolkit, Encyclopedia or Advanced Visualization or VR-libraries (= Tools, as User). Content uploaded to NOMAD is made available subject to the rules of the Creative Commons Attribution 3.0 License.
By using any of the services available at this website (https://www.nomad-coe.eu) (= Services) through either registering, uploading, downloading or using Content you represent that you have the legal authority to accept these Terms and that you agree to be bound by them.
Provider reserves the right to modify or add to these Terms without giving specific notice. All revised Terms apply to the use of the Services from the date of their publication on this website.
Provider reserves the right to refuse or cancel a registration at any time for any reason or no reason at all.
5. Submitter’s obligations
Users may submit input and output files in their raw format as produced by the utilized code. Code and code version must be retrievable from the uploaded files.
Together with each uploaded Content Submitter has to provide the names of all right-holders, i.e. co-authors of the Content.
By uploading Content to NOMAD Submitter warrants that
- Content submitted by her/his and made available through the Service does not infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights
- she/he owns or otherwise controls all rights in the Content being required for
(a) submitting the Content to NOMAD and
(b) granting third parties access to the open access Content on the basis of the Creative Commons Attribution 3.0 License implying that Submitter retains any copyright that he/she may have in the Content while permission is granted to anyone to copy, distribute, transmit, and adapt the Content, without obtaining specific permission from the Submitter(s) or NOMAD, provided proper attribution is given to the Submitter(s) and to the source of the Content. See also 5.4.
- all Content submitted relates to the computational materials science calculations having been obtained by the specified computer code.
(c) It is the Submitter's responsibility to make sure that the Content does not contain personal information that is not intended to be open access.
By uploading Content to NOMAD Submitter agrees to and grants third parties the right to use the open access Content on the basis of the Creative Commons Attribution 3.0 License.
5.4 Scope of access
At Submitter’s choice, Content may either be made available to all users (open access data) or be made available only to specific users (restricted data) including Submitters/right-holders and explicitly named users.
Restricted data will automatically become open access data three years after their upload. In this case, only those files will be scanned that are required to retrieve the metadata and the unique identifier. Submitter can make the Content open access also earlier.
Metadata (=general information on the Content, such as material, used code and code version, method, upload date, Submitter, and co-authors, provided references) will always be visible to all users, whether the data is made available as open access data or restricted data.
Content, once uploaded, will be kept and made available for at least 10 years. Once uploaded, Submitter has no possibility to erase the Content but may only correct it by uploading a newer version that will be linked to the old one.
It is possible that the Content will be mirrored to multiple sites providing access to researchers as Service. A mirror site may also be outside EU/EEA. In this case the mirror site will be required to sign the personal data transfer standard EU contractual clauses to guarantee the safety of the personal data.
5.5 General conduct
Submitter shall not in any form
- interfere or attempt to interfere with the proper working of the site and Services or any related activity;
- bypass any measures that may be used to prevent or restrict access to the site or service; or
- run auto-responders or “spam” on the site or Service.
5.6 Liability / Responsibility
Submitter bears the sole responsibility for its activity in connection with the Service. In particular, it is Submitter’s responsibility to ensure that, as warranted, the Content provided and made accessible through the Service does not violate or infringe the rights of any third party.
Provider does not make any representations or warranties about Content made accessible through the service. Under no circumstances is Provider responsible or liable in any way for any Content, including but not limited to: its accuracy, copyright compliance, legality or decency, completeness, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
6. Downloader’s obligations
By downloading Content from NOMAD, User agrees to accept the Creative Commons Attribution 3.0 License implying that the Content may be copied, distributed, transmitted, and adapted, without obtaining specific permission from the Submitter(s) or NOMAD, provided proper attribution is given to the Submitter(s) and to the source of the Content.
6.2 Indemnity against Liability
User acknowledges that Provider does not make any representations or warranties about the Content which he/she may have access to as part of or through use of the Services. Under no circumstances is Provider responsible or liable in any way for any Content including but not limited to: its accuracy, copyright compliance, legality or decency, completeness, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
User releases Provider from all liability in connection with the acquisition of Content through the Service.
Service is provided “as is” and “as available”. No warranty is given that (i) Service will be secure or available uninterrupted at any particular time or location; (ii) defects or errors will be corrected; (iii) submissions are free of viruses or other harmful components; or (iv) using the Service will meet specific requirements. Use of Service is solely at User’s risk.
To the extent authorized by law, User agrees to indemnify and hold harmless the Provider from and against any and all claims arising out of User's violation of the terms.
9.1 Applicable Law
9.2 Dispute Resolution
Any dispute or claim arising out of or relating to this Agreement shall be settled by good faith negotiations within a reasonable period. If the Parties are unable to settle claims or controversies under this Agreement, the enforcement or interpretation hereof, or any alleged breach or default under the provisions hereof, such claims or controversies shall exclusively be settled by the court competent for the registered office of the Max Planck Society.