International Centre for Diarrhoeal Disease Research, Bangladesh
Urban Health Atlas
Data sharing Terms and Agreement
1. Background
The International Centre for Diarrhoeal Disease Research, Bangladesh (“icddr.b”) has supported collection of health and demographic surveillance and research data for over four decades. Promoting optimal use on an international scale of such a resource will require a large and concerted effort which may exceed the research capacity of currently available investigators in icddr,b. icddr,b and its researchers feel a strong sense of responsibility to share such surveillance and research subjects, to the public in general, and to the scientific community in particular, to encourage rapid scientific and public health progress using these resources, as much as is possible. In order to take full advantage of them and maximize their research value, it is important that data be made available, subject to appropriate terms and conditions, to the largest possible number of qualified investigators in a timely manner.
icddr,b seeks to promote the development of valuable discoveries, innovations, inventions and policies beneficial to public health based upon use of The Urban Health Atlas Data. Therefore, research performed pursuant to this Agreement shall be designed to achieve, in so far as circumstances and applicable rights permit, the following objectives:
(i) continued research for public health purposes;
(ii) application of new knowledge for improvements in public health; and
(iii) making technologies and products available for distribution on reasonable terms in the public health sector and on preferential terms in low and middle income countries.
Toward these ends, the icddr,b and You hereby enter into this Data Licensing Application & Agreement (“Agreement”). The Urban Health Atlas Data or any other data shared in the urban health atlas platform remains the intellectual property of icddr,b and any use of the Urban Health Atlas Data other than as authorized hereunder is strictly prohibited and contrary to the legal rights of icddr,b. By ticking “I agree to the terms and conditions of this Agreement”, You confirm that you accept and agree to be bound by the terms and conditions of this License stated hereunder; and as such, icddr,b grants You the rights contained here under in consideration of your acceptance of such terms and conditions.
2.Definitions
a. “Urban Health Atlas Data” means the data provided on the urban health atlas platform (http://urbanhealthfacilities.icddrb.org), including digital images, maps and numerical tables, and subjected to the terms and conditions of this Agreement.
b. “Adapted Material” means any material derived from slating, altering, arranging, transforming, or otherwise modifying the Urban Health Atlas Data
c. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
d. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. “Non Commercial” means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is Non Commercial provided there is no payment of monetary compensation or other commercial advantage involved in connection with the exchange
g. "Licensor" means the individual or entity that offers the Work under the terms of this License i.e. icddr,b.
h. "Original Author" means the individual or entity who created the Work.
i. "You" means an individual or entity who is being granted the License to access the Urban Health Atlas Data under this Agreement.
3. Accurate Representations
You expressly certify that the contents of any statements made or reflected in relation to this Agreement are truthful and accurate.
4. License Grant
Subject to this terms and conditions of this Agreement, icddr,b hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive and revocable license to use the Urban Health Atlas Data and share adapted material derived from the Urban Health Atlas Data, for Non Commercial purposes only, and subject to assigning proper attribution as per the Clause 5 of this Agreement.
Pursuant to the License granted to You under this Agreement, You are not allowed to redistribute the Urban Health Atlas Data, in its original form, to others. You would only have the License to access the Urban Health Atlas Data for the purposes of producing Adapted Material which might include, without limitation, the following:
a. Reproducing the Urban Health Atlas Data with a view to incorporating it into one or more Collective Works, and reproducing the Urban Health Atlas Data as incorporated in the Collective Works; and
b. Creating and reproducing Derivative Works.
However, except the project brief which must be provided upon acceptance of these terms and conditions. You would not be required to further notify icddr,b of the details of your intended Collective or Derivative Works based on the Urban Health Atlas Data.
5. Attribution
You agree to give appropriate credit to icddr,b and the original donor when sharing Urban Health Atlas Data (including in modified form), and in any and all written presentations, disclosures, and publications resulting from analyses of Urban Health Atlas Data as follows:
“This material is based on a comprehensive survey of urban health delivery services collected by the Centre for Equity and Health System (CEHS) at the International Centre for Diarrhoeal Disease Research, Bangladesh (icddr,b), from an original study it conducted with support from DFID UK and GIZ. The survey data can be browsed at http://urbanhealthfacilities.icddrb.org. Specific data requests should be directed to Alayne M. Adams (Email: aadams@icddrb.org; Phone: +880 173 0338821).
In cases where, even after taking all reasonable care and efforts, attribution as stipulated in the preceding paragraph is not be practicable (for example, due to space limitations),the dataset can be accredited in a shortened form as follows:
"Based on data from the Urban Health Atlas by Centre for Equity and Health System (CEHS), International Centre for Diarrhoeal Disease Research, Bangladesh (icddr,b). Available at http://urbanhealthfacilities.icddrb.org"
6. Authorship
If Your work based on the Urban Health Atlas Data involves a collaboration with icddr,b co-investigators, then You must include icddr,b co-investigators as co-authors, as appropriate, on any publication. Otherwise, You are not required to include icddr,b co-investigators as co-authors of Your Work arising from the use of the Urban Health Atlas Data.
7. Compliance with IRB Requirement
You agree to comply fully with all conditions imposed by Yours and/or icddr,b’s IRB and with the subjects’ informed consent, as applicable. It is intended that the Your agreements herein shall inure to the benefit of the research subjects, as well as to the Parties.
8. Non-Identification
Data provided by icddr,b under this Agreement will be stripped of all personal identifiers to the maximum extent possible, but the confined nature of some geographic areas from which the subjects were drawn, and the wealth of data available on them in publicly available records, could in certain instances make the individual identification of some subjects possible. To protect the confidentiality and privacy of these participants and their families, You agree that Urban Health Atlas Data will not be used, either alone or in conjunction with any other information, in any effort whatsoever to establish the individual identities of any of the subjects from whom Urban Health Atlas Data were obtained. Any attempt to do so will be considered a material breach of this Agreement, which may subject You to legal action from icddr,b or surveillance and research participants, their families, or relevant government entities.
9. Non-Endorsement and the Obligation to Notify
Unless otherwise mutually agreed to by the Parties in Writing, icddr,b offers the Urban Health Atlas Data as-is and makes no representation or warranties of any kind concerning the Urban Health Atlas Data, express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence and absence of errors, whether or not discoverable.
If You identify an apparent error or inconsistency in any Urban Health Atlas Data received, You shall convey it to icddr,b as soon as reasonably possible.
10. Liability and Indemnification
Except to the extent required by laws applicable to icddr,b, in no event will icddr,b be liable to You for any special, incidental, consequential, punitive or exemplary damaged arising out of this License or the use of the Urban Health Atlas Data, even if icddr,b has been advised of the possibility of such damages.
You agree not to claim, infer, or imply icddr,b endorsement of Your use of the Urban Health Atlas Data for any purposes whatsoever. To the extent permitted by law, you agree to hold icddr,b, and all other investigator(s) who generated Urban Health Atlas Data harmless and to defend and indemnify all such parties for all liabilities, demands, damages, expenses, and losses arising out of Your use for any purpose of Urban Health Atlas Data.
11. Amendments
icddr,b reserves the right to make unilateral amendments to this Agreement, subject to the only requirement that You would have to be notified of such amendments before such amendments are to take effect.
12. Term and Termination
This Agreement shall become effective as soon as You accept the terms and conditions stated herein and shall continue to remain effective unless terminated sooner.This Agreement and the License and rights granted hereunder, nevertheless, will terminate automatically upon any breach by You of any of the terms and conditions of this Agreement. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with these terms and conditions. Subject to the above proviso, the License granted here is perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, icddr,b reserves the right to release the Urban Health Atlas Data under different License terms or to stop distributing the Work at any time or to terminate this Agreement with immediate effect if any problems arise that, in its sole opinion, present an unacceptable risk to subjects or others.
Upon being notified of the termination of this Agreement, You agree to cease making use of the Urban Health Atlas Data any further and to destroy all copies of Urban Health Atlas Data in Your possession as soon as reasonably possible. You also agree to take any further appropriate steps that would ensure that the Urban Health Atlas Data is not being used or accessed to the best of Your knowledge.
13. Disqualification and Enforcement
Failure to comply with any of the obligations arising under or in connection with this Agreement may result in your disqualification from your entitlement to use the Urban Health Atlas Data. icddr,b shall have the right to institute and prosecute any proceeding at law or in equity against You for violating or threatening to violate the requirements or restrictions of this Agreement. Proceedings may be initiated against the violating party, or legal representatives, and assigns, for a restraining injunction, compensatory and punitive damages, mandamus, and/or any other proceeding in law or equity, including obtaining the proceeds from any intellectual property or other rights that are derived in whole or in part from the breach of requirements or restrictions of this Agreement. In addition, You acknowledge and agree that a breach or threatened breach of this Agreement may subject You to legal action on the part of surveillance and research participants, their families, or relevant government entities.
14. Miscellaneous
a. Each time You distribute or publicly digitally perform a Collective Work, it is Your obligation to stipulate therein that it is icddr,b who offers to the recipient a License to the Urban Health Atlas Data on the same terms and conditions as the License granted to You under this Agreement; and such License to the recipient shall remain contingent upon the existence and validity of the License granted to You.
b. Each time You distribute or publicly digitally perform a Derivative Work, it is our obligation to stipulate therein that it is icddr,b who offers to the recipient a License to the Urban Health Atlas Data on the same terms and conditions as the License granted to You under this Agreement; and such License to the recipient shall remain contingent upon the existence and validity of the License granted to You.
c. Each time You distribute or publicly digitally perform any other Adapted Material, it is Your obligation to stipulate therein that it is icddr,b who offers to the recipient a License to the Urban Health Atlas Data on the same terms and conditions as the License granted to You under this Agreement; and such License to the recipient shall remain contingent upon the existence and validity of the License granted to You.
d. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
e. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
f. This License constitutes the entire agreement between You and icddr,b with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You.
