Environmental Monitoring and Management Alliance - Data Use Policy

Terms and Conditions of Use

1. Acceptable use. Use of Data or a Data Set will be restricted to academic, research, educational, government, recreational, or other not-for-profit professional purposes. The Data User is permitted to produce and distribute derived works from this Data or Data Set provided that they are released under the same license terms as those accompanying this Data or Data Set. Any other uses for the Data or Data Set or its derived products will require explicit permission from the Data or Data Set owner.

2. Redistribution. The data are provided for use by the Data User. This license must accompany all copies made and be available to all users of this Data or Data Set.

3. Citation. The Data User will properly cite EMMA Data or an EMMA Data Set in any publications or in the metadata of any derived data products that were produced using the Data or Data Set. Citation should take the following general form: Creator, Year of Data Publication, Title, Publisher, Data or Data Set identifier. Examples:

Environmental Monitoring & Management Alliance. 2016. EMMA Weather Station Data, Mohonk Preserve, Smiley House Weather Station. Published via the Forest Ecosystem Monitoring Cooperative. http://dx.doi.org/xxxxx.

Environmental Monitoring & Management Alliance. 2016. EMMA Deer Exclosure Monitoring Sapling Data, Huyck Preserve, Mohonk Preserve, Cary Institute of Ecosystem Studies. Published via the Forest Ecosystem Monitoring Cooperative. http://dx.doi.org/xxxxx.

Environmental Monitoring & Management Alliance. 2016. EMMA Phenology Data, Vassar Farm & Ecological Preserve, Mohonk Preserve, Cary Institute of Ecosystem Studies, New York Botanical Garden. Published via the USA National Phenology Network. http://dx.doi.org/xxxxx.

4. Acknowledgment. The Data User should acknowledge any institutional support or specific funding awards referenced in the metadata accompanying this Data or Data Set in any publications where the Data or Data Set contributed significantly to its content. Acknowledgments should identify the supporting party, the party that received the support, and any identifying information such as grant numbers. For example:

Funding for this work was provided by the National Science Foundation Major Research Instrumentation grant no. xxxxxxx awarded to Vassar College.

5. Notification. The Data User will notify the Data or Data Set Contact when any derivative work or publication based on or derived from the Data or Data Set is distributed. The Data User will provide the data contact with copies or on-line access to any derived digital products. Notification will include an explanation of how the Data or Data Set was used to produce the derived work.

6. Collaboration. The Data or Data Set has been released in the spirit of open scientific collaboration. Data Users are thus strongly encouraged to consider consultation, collaboration and/or co-authorship with the Data or Data Set Creator. By accepting this Data or Data Set, the Data User agrees to abide by the terms of this agreement. The Data Owner shall have the right to terminate this agreement immediately by written notice upon the Data User's breach of, or non-compliance with, any of its terms. The Data User may be held responsible for any misuse that is caused or encouraged by the Data User's failure to abide by the terms of this agreement.

Disclaimer

While substantial efforts are made to ensure the accuracy of data and documentation contained in this Data or Data Set, complete accuracy of data and metadata cannot be guaranteed. All data and metadata are made available "as is". The Data User holds all parties involved in the production or distribution of the Data or Data Set harmless for damages resulting from its use or interpretation.

Definitions

"Data Set" – a collection of data and metadata derived from any research activity, including data derived from field observations, collections, laboratory analysis, experiments, or the post-processing of existing data. A data set may be identified by a unique identifier issued by a recognized cataloging authority such as a site, university, agency, or other organization.

“Data” – the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, including recorded information, regardless of the form or media on which it may be recorded, writings, films, sound recordings, pictorial reproductions, drawings, designs, or other graphic representations, procedural manuals, forms, diagrams, work flow charts, equipment descriptions, data files, data processing or computer programs (software), statistical records, and other research data. This definition of data does not include physical objects (e.g., laboratory samples), preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. Also not included are, trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are published, or similar information which is protected under law as well as personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study.

"Data User" - individual to whom access has been granted to Data or a Data Set, including his or her immediate collaboration sphere, defined here as the institutions, partners, students and staff with whom the Data User collaborates, and with whom access must be granted, in order to fulfill the Data User's intended use of the Data or Data Set

"Data Set Creator" - individual or institution that produced the Data or Data Set

"Data Set Owner" - individual or institution that holds intellectual property rights to the Data or Data Set. Note that this may or may not be defined as a legal copyright. If no other party is designated in the metadata as Data Set Owner, it may be presumed that these rights are held by the Data Set Creator.

"Data Set Distributor" - individual or institution providing access to the Data or Data Sets.

"Data Set Contact" - party designated in the accompanying metadata of the Data Set as the primary contact for the Data or Data Set.