Baseline soil organic carbon data

1. In addition to the terms and conditions of this Data Sharing Agreement (the “Agreement”), it is specifically agreed between the parties to this Agreement (the “Parties) that this Agreement will govern use of the Data Sets as described below.  

2. This Agreement is entered into between the Parties pursuant to an agreement entered into between CSA and Unique, a company providing services to CSA and by which the Data User is engaged, but is separate from that agreement and none of the provisions thereof are binding on the Parties but for a recognition that (a) CSA’s pre-existing Intellectual Property shall not be considered part of the Data Sets provided by the Data Provider; and (b) that pre-existing Intellectual Property shall be considered to be Confidential Information and shall not be disclosed by the Data User to any third party other than as described in section 1 (7) below.   

The Purpose includes publication of the Data in scientific journals. 

Terms and Conditions 

1)  License.  Upon execution of this Agreement, the Data Provider hereby grants to the Data User a non-exclusive, royalty-free, license to copy, use, and create derivative works from the Data Set including for publication in support of the Purpose, subject to these Terms and Conditions, and under a CC BY-NC 4.0 license and is sub-licensable only in accordance with those license terms. 

2) Approved use. Data Sets and any work or product derived from a Data Set may be used by the Data User for the Purpose. The Data User is permitted to produce and distribute derived works from the Data Set provided that those derivatives are released under the same license terms as those accompanying this Data Set or another compatible license authorized by the Data User.  

3) Redistribution. The Data Set is provided for use by others by the Data User. The metadata and this license must accompany all copies made and be available to all users of the Data Set. The Data User will not redistribute the original Data Set for purposes outside of the Purpose.  

4) Attribution. The Data Set has been licensed in the spirit of open scientific collaboration. The Data User agrees to offer clear and prominent attribution to the Data Provider in any derivatives using the Data Sets.  The Data User agrees to properly cite the Data Set, including the Data Set Identifier, in any publications or in the metadata of any derived data products that are produced using the Data Set. Citation shall take the following general form: Conservation South Africa, Year of Data Publication, Title of Data Set, Data Set Identifier. The Data User agrees to include the following acknowledgment in any publications where the Data Set contributed significantly to its content: "All data in this publication were provided by Conservation South Africa.”  

5) Notification. The Data User will notify the Data Provider of the citations to all publications and derivative works based on or derived from the Data Set. In addition, the Data User will notify the Data Provider when any derivative work or publication based on or derived from the Data Set is distributed. The Data User will provide the Data Provider with copies, or on-line access to, any derived digital products. 

6) Limitation. The non-exclusive license provided herein is limited solely to the information and data included within the applicable Data Set and shall not extend to any third party data sets, software, source code, object code or other technology or works of authorship not expressly identified herein as part of the applicable Data Set.  All software and third party data sets shall be subject to separate licensing terms that are disclosed with such software and third party data sets.  

7) Confidential Matters and Proprietary Information. During the course of this Agreement, the Data User shall be provided with confidential information or trade secrets of the Data Provider (“Confidential Information”). The Data User agrees to keep all such Confidential Information in a secure place, and further agrees not to publish, communicate, divulge, use, or disclose, directly or indirectly, for his own benefit or for the benefit of another, either during or after performance of this Agreement, any of the Confidential Information, except as may be required by law or this Agreement. Upon termination or expiration of this Agreement, the Data User shall deliver all Confidential Information produced or acquired during the performance of this Agreement and all copies thereof to the Data Provider. This obligation of confidence shall not apply with respect to information that is (a) available to the receiving party from third parties on an unrestricted basis; (b) independently developed by the receiving party; or (c) disclosed by the other party to others on an unrestricted basis 

8)  Termination.  In the event of the Data User's breach of, or non-compliance with, any of these Terms and Conditions, the License automatically terminates with immediate effect and without notice. 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.