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Table of contents
1. Scope .................................................................................................................................... 3
2. Introduction .......................................................................................................................... 3
3. The parties ............................................................................................................................ 3
4. Definition of terms ............................................................................................................... 3
5. Agreement ............................................................................................................................ 5
5.1 Disclaimers............................................................................................................................... 8
6. Declaration ........................................................................................................................... 9
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1. Scope
This controlled document contains the contract template for the UK Data Service End User
Licence Agreement. Copies released to the public may omit all sections prior to section 2
(including the cover page, document control and version history) but will reference this
controlled document in the form ‘this document is based on the UK Data Archive controlled
document: Identifier, title, version number’.
All users of Safeguarded and Controlled Data provided by the UK Data Archive, on behalf of
UK Data Service, have to agree and abide to the terms and conditions specified in this EUL
Agreement.
2. Introduction
This End User Licence (EUL) Agreement is made between you (the “End User”) and the
University of Essex, herein referred to as the "Registering Organisation", together with the
Service Funders. By accessing and using Safeguarded and/or Controlled Data, you, the End
User, acknowledge and agree that you have read, understood, and agree to be bound by the
terms and conditions set forth below. This Agreement grants you the right to access and use
the Data Collections provided through the UK Data Service only for your declared purposes,
and subject to these terms and conditions.
3. The parties
This Agreement is agreed between:
1. The individual Registered End User of UK Data Service.
2. The University of Essex (herein referred to as the "Registering Organisation") acting by
its UK Data Archive of Wivenhoe Park, Colchester, CO4 3SQ (the “Data Service
Provider”).
In the event of the University of Essex ceasing to be a legal entity, this licence will be
transferred to the Economic and Social Research Council (UKRI ESRC) or its successors.
4. Definition of terms
Authorised User: Member of an institution authorised by the UK Data Service to use the
Data Collection(s) under a site licence or re-distribution agreement, or individuals who have
signed an access agreement in relation to work being undertaken by a Registered User (e.g.
students undertaking course-related work who have signed an Access Agreement for
Teaching [Academic Sector] form).
Commercial Use: Research is defined as 'commercial' where a direct objective is to generate
revenue and/or where data are requested for sale, resale, loan, transfer or hire.
Controlled Data: UK Data Service Data Collections made available to Registered User(s)
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who are ESRC Accredited Researcher(s) or DEA Accredited Researcher(s) via the Five Safes
Framework. Also referred to as Secure Access data.
Data Collection: The Dataset(s), Documentation, Metadata, occasionally code, provided by
the Depositor for dissemination to the designed user community and curated by the UK Data
Service in accordance with the Collections Development Policy and Selection and Appraisal
Criteria.
Data Owner: The natural or legal person, public authority, agency or any other body which
alone, or jointly with others, holds the copyright and associated intellectual property rights in a
Data Collection.
Data Service Provider: The person(s) or organisation(s) that directly provide the User with
the Data Collections (on behalf of the Service Funder) and identified in the Metadata
applicable to that Data Collection. A Data Service Provider may also provide user support,
training, and research data management advice.
Data Team: In relation to a particular data collection, the Registering Organisation, the
relevant Data Service Providers, and (to the extent that the Data Collection Metadata
expressly provide) the Service Funder(s), Data Collection Funder(s) and/or Original Data
Creators or Depositors.
Dataset: Any computer file (or set of files) which is organised under a single title and is
capable of being described as a coherent unit.
Depositor: The person named on the Deposit Licence Agreement having sufficient
responsibility to grant particular rights on behalf of a Data Collection. The Depositor may be
the principal investigator, creator or the copyright owner of a Data Collection, or authorised to
grant the Deposit Licence Agreement.
Documentation: Accompanying files that enable users to understand a dataset, exactly how
the research was carried out and what the data mean. Usually consisting of data-level
documentation i.e. about individual databases or data files and study-level documentation i.e.
high-level information on the research context and design, the Data Collection methods used,
any data preparations and manipulations, plus summaries of findings based on the data.
End User Licence Agreement: The User Agreement entered into by a User when registering
to access Safeguarded and Controlled data from the UK Data Service.
Metadata: Information that describes significant aspects (e.g. content, context and structure of
information) of a resource; metadata are created for the purposes of resource discovery,
managing access and ensuring efficient preservation of resources.
Original Data Creator: The natural or legal person, public authority, agency or any other body
which alone, or jointly with others, that originally collected and created the Data Collection(s).
The original data creator for a particular Data Collection is identified in the metadata
applicable to that Data Collection.
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Personal Data: Are defined as in accordance with the UK General Data Protection Regulation
(UK GDPR) Article 4(1) and the Data Protection Act (DPA) 2018 s3(2) as: data that relate to
an identified or identifiable natural person, be it directly or indirectly, taking into account other
information derived from published sources.
Project Information: Details provided by the Registered End User on the intended use of
data which includes details on the scope, objectives and access timeframe of the Project.
Where the use of the data falls under the Digital Economy Act 2017 this information might be
published.
Registered User: A User who has registered with the UK Data Service and therefore agreed
online to the End User Licence Agreement. Also referred to as the End User.
Registering Organisation: The person(s) or organisation(s) responsible for the system that
registers Users and issues them with End User Licence Agreements (being the University of
Essex).
Safeguarded Data: UK Data Service Data Collections made available to Registered User(s)
and where appropriate, additional conditions/agreements are agreed to.
Service Funder: The persons or organisations that fund the Data Service Provider.
UK Data Archive: Is a department of the University of Essex and the lead institution of the UK
Data Service. The Archive is used specifically to denote those cases where the University of
Essex is the legal entity, contractually responsible for specific activities. Also referred to as the
Archive.
UK Data Service: Is a Data Service Provider funded by UKRI through the Economic and
Social Research Council and supported by Universities of Essex, Manchester, Edinburgh,
University College London and Jisc. Also referred to as the Service. Also referred to as the
Service.
User: A person who makes use of Data Collection(s) from the Data Service Provider.
User Agreement: An agreement setting out the terms and conditions of data use and
establishing the rights and responsibilities of the Registered User.
5. Agreement
1. To use the Data Collection(s) only in accordance with this EUL Agreement and to notify
promptly the Registering Organisation and the Data Service Provider of any non-
compliance with its terms in writing or of any infringements of the Data Collection(s) of
which I become aware.
2. To use and to make personal copies of any part of the Data Collection(s) only for the
purposes of not-for-profit research or teaching or personal educational development
aligning the use with the details, explicitly declared in the Project information registered
with the Data Service Provider. To obtain permission prior to using part or all of the
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Data Collection(s) for any other purposes than those declared in the Project
information, including for commercial purposes, by contacting the Registering
Organisation and/or relevant Data Service Provider.
3. To abide by any further conditions notified to me from time to time by the Registering
Organisation or the relevant Data Service Provider that may apply to the access to, or
use of, specific materials within the Data Collection(s) or particular Data Collections.
Notice of further conditions under this paragraph may be given to me by electronic
means, for example, by way of a pop-up window upon my ordering one or more Data
Collections. Acceptance of the further conditions shall be required before I gain access
to the Data Collection(s) in question. In this Agreement such further conditions are
referred to as Special Conditions.
4. To give access to the Data Collections, in whole or in part, or any Dataset(s) derived
from the Data Collection(s) including synthetic Dataset(s), only to End Users with a
registered use who have entered into the EUL Agreement and accepted any relevant
Special Conditions, or additional agreements (with the exception of Data Collection(s)
or material derived from Data Collection(s) supplied for the stated purpose of teaching
as described in the Project Information and shared under the terms and conditions of
the Access Agreement for Teaching).
5. To ensure that the means of access to the data (such as passphrases) are kept secure
and not disclosed to a third party except by special written permission or licence
obtained from the original Data Service Provider and to comply with the data security
requirements as described in the Research Data Handling and Security: Guide for
Users.
6. To respect legal and ethical obligations and to preserve at all times the confidentiality of
information pertaining to individuals and/or households in the Data Collection(s). Not to
use the data to attempt to obtain or derive information relating specifically to an
individual or household, nor to claim to have obtained or derived such information. In
addition, to preserve the confidentiality of information about, or supplied by,
organisations recorded in the Data Collection(s). This includes the use or attempt to
use the Data Collection(s) to compromise or otherwise infringe the confidentiality of
individuals, households or organisations.
7. To adhere to the statistical disclosure control standards as detailed in the Research
Data Handing and Security: Guide for Users for any outputs I produce and publish.
8. That this EUL Agreement does not operate to transfer any interest in intellectual
property from the Data Collection funders, Service Funder(s), the Data Service
Provider(s), the Original Data Creator(s), producers, Depositor(s), copyright or other
right holders (including without limitation the Office of National Statistics or the Crown)
to me. That any rights subsisting in materials derived now or in the future from the Data
Collection(s) which are the intellectual property of the Crown are hereby assigned (by
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way of assignment of present and future intellectual property) to the Crown by this EUL
Agreement to the extent not already vested in the Crown. To take all steps necessary
to give effect to this Clause (including by executing further written documentation).
9. That the Agreement and the Data Collection(s) are provided by the Data Team on an
"as is" basis and without warranty or liability of any kind. Any representations or
warranties given by any member of the Data Team relating to this licence, expressed or
implied, are excluded to the maximum extent permitted by law.
10. To acknowledge, in any publication, whether printed, electronic or broadcast, based
wholly or in part on the Data Collection(s), the Original Data Creator(s), Depositor(s)
and copyright holders, the Service Funder(s) and the Data Service Provider(s) in the
form specified in accompanying metadata received with the Dataset or notified to me
and without prejudice to clause 5 above to comply with any restrictions on my use of
the Data Collection(s) referred to or referenced therein or otherwise notified to me from
time to time. To cite, in any publication, whether printed, electronic or broadcast, based
wholly or in part on the Data Collection(s), the Data Collection(s) used in the form
specified in accompanying metadata received with the Dataset or notified to me.
11. To supply the relevant Data Service Provider with the bibliographic details of any
published work based wholly or in part on the Data Collection(s).
12. At the conclusion of my research (or if earlier at any time at the request of a member of
the Data Team), to offer for deposit on a suitable medium and at my own expense any
new Data Collection(s) which have been derived from the materials supplied or which
have been created by the combination of the data supplied with other data and where
permission to do so in in place. The deposit of the derived Dataset(s) will include
sufficient explanatory Documentation and Metadata to enable the new Data
Collection(s) to be accessible to others.
13. That the members of the Data Team may hold and process any Personal Data
submitted by me for authentication, statistical purposes, and for the management of the
Service. Information collected at the point of registration with the Service, under the
terms and conditions of registration and this Agreement will only be passed to: (i) a
Data Collection Depositor or their nominee in relation to my use of the data collection,
so that they can contact me directly a) if I breach the terms of the EUL Agreement, or
b) the Depositor or their nominee requires information on how I have used their Data
Collection(s); (ii) my own institution or organisation where necessary for the
administration of the Service; and (iii) where my research funder requires me to deposit
data with the Service to confirm whether the deposit has taken place. We also share
anonymised and aggregated statistics with Depositor(s) or their nominee about the use
of their Data Collection(s).
14. That any Personal Data submitted by me is accurate to the best of my knowledge, and
that any changes in that Personal Data, including my educational or employment
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status, will be made known to the Registering Organisation at the earliest possible
opportunity.
15. To notify the Data Service Provider of any errors discovered in the Data Collection(s).
16. To meet any charges that may from time to time be levied by any member of the Data
Team for the supply of the Data Collection(s) including, where relevant, annual service
fees and royalty fees.
17. To, at the end of the access period, destroy all copies of the data, including temporary
copies, printed copies, personal copies, back-ups, subsets of variables/cases, derived
datasets and all electronic copies including copies held on portable media e.g.
CD/DVD/memory stick according to standards specified in the Research Data
Handling and Security: Guide for Users.
18. Understand that non-compliance with any of the provisions of this EUL Agreement will
lead to immediate termination of access to all services provided by the Data Team
either permanently or temporarily, at the discretion of a member of the Data Team, and
may result in legal action being taken against me as set out in the
UK Data Service
Licence Compliance Policy. Understand that where there is compliance with this EUL
Agreement, it may be terminated, or its terms altered, by a member of the Data Team
either after 30 days’ notice; or, if a service charge has been paid in advance, at the end
of the period for which payment has been made, whichever is the longer. The failure to
exercise or delay in exercising a right or remedy provided by this EUL Agreement or by
law does not constitute a waiver of the right or remedy or a waiver of other rights or
remedies.
5.1 Disclaimers
To the extent that applicable law permits:
a) The members of the Data Team bear no legal responsibility for the accuracy or
comprehensiveness of the data supplied.
b) The members of the Data Team accept no liability for, and I will not be entitled to claim
against them in respect of, any direct, indirect, consequential or incidental damages or
losses arising from use of the Data Collections, or from the unavailability of, or break in
access to, the service, for whatever reason.
c) Whilst steps have been taken to ensure all licences, authorisation and permissions
required for the granting of this EUL Agreement have been obtained, this may not have
been possible in all cases, and no warranties or assurance are given in this regard. To
the extent that additional licences, authorisations and permissions are required to use
the Data Collections in accordance with this EUL Agreement, it is the End User's
responsibility to obtain them.
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d) I agree to indemnify and shall keep indemnified each member of the Data Team
against any costs, actions, claims, demands, liabilities, expenses, damages or losses
(including without limitation consequential losses and loss of profit, and all interest,
penalties and legal and other professional costs and expenses) arising from or in
connection with any third party claim made against any member of the Data Team
relating to my use of the Data Collections or any other activities in relation to the data
where such use is in non-compliance with this licence.
If the whole or any part of a provision of this EUL Agreement is void, unenforceable or illegal
for any reason, that provision will be severed and the remainder of the provisions of this
Agreement will continue in full force and effect as if this Agreement had been executed with
the invalid provision eliminated.
This EUL Agreement may be enforced separately in relation to each Data Collection provided
to the End User by any member of the Data Team and the End User. No other persons may
enforce this Agreement under the Contract (Rights of Third Parties) Act 1999.
This EUL Agreement (which is the entire agreement between the parties and supersedes any
previous agreement between them) may be varied in writing by agreement of the relevant
Service Funders, the Registering Organisation, and the End User (who may give its consent
to such variations by electronic means). No consent from any other party is required to vary or
rescind this Agreement.
This EUL Agreement and any documents to be entered into pursuant to it shall be governed
by and construed in accordance with the laws of England and Wales and each Party
irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any
claim or matter arising under or in connection with this Agreement and the documents entered
into pursuant to it.
6. Declaration
I, the Registered User (‘End User’), confirm that:
• All the information I provide is true and accurate.
• I have read, understood and will abide by any and all terms and conditions of the End
User Licence Agreement.
