1.1 The Regents of the University of Michigan (“Michigan”) grants you a non-exclusive, non-sublicensable, and non-transferable license to use the Computed Tomography (“CT”) data (“CT Data”) made available to you by the University of Michigan Museum of Paleontology (“UMMP”) and the Computed Tomography in Earth and Environmental Science facility (“CTEES”) for education and research purposes only; commercial use requires prior written permission from the UMMP. Permission requests can be made by emailing Paleo-Museum@umich.edu or by calling (734)764-0489.
1.2 Redistribution or sublicensing of the CT Data is prohibited. Deposition of CT Data in repositories requires prior written permission from the UMMP. Production of 3D prints or other physical replicas derived from the CT Data requires prior written permission from the UMMP.
1.3 You agree to provide the UMMP with copies of digital derivatives you produce from the CT Data, including but not limited to measurements, renderings, segmented data, 3D meshes, rigged meshes, animations, and annotations, if requested. Michigan may use these digital derivatives for research and educational purposes.
1.4 You must comply with any additional restrictions (e.g., copyright or privacy rights) specified in metadata and/or README.txt files associated with the CT Data. You may not remove any proprietary notices included with the CT Data.
2.1 You shall notify the UMMP of all authored/co-authored publications in which CT Data are used and provide copies if requested.
3.1 The digital object identifier (“DOI”) or handle associated with the CT Data should be cited in publications and other works.
3.2 The author and source of the CT Data should be cited.
If CT Data is produced by the CTEES facility, the attribution, in an acknowledgements section or similar should read:
“This work utilized data produced in the CTEES facility at the University of Michigan, supported by the Department of Earth and Environmental Sciences and the College of Literature, Science, and the Arts. These data are provided courtesy of the University of Michigan Museum of Paleontology.”
If CT Data is provided by the UMMP, but not produced in the CTEES facility, attribution should read:
“CT data is provided courtesy of the University of Michigan Museum of Paleontology.”
If CT data represent a specimen held by the University of Michigan Museum of Paleontology, the UMMP catalog number of the specimen must be included in the attribution (e.g., specimen UMMP 117677).
4. Disclaimer of Warranty; Limitation of Liability
4.1 CT Data and associated information are provided on an “as is” basis, and Michigan specifically disclaims all warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. Michigan has no obligation to provide you with any maintenance, support, or updated CT Data.
4.2 IN NO EVENT WILL THE REGENTS OF THE UNIVERSITY OF MICHIGAN, INCLUDING ITS REGENTS, FELLOWS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) DIRECT, (b) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, (c) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (d) LOSS OF GOODWILL OR REPUTATION, (e) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY, OR (f) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER MICHIGAN, ITS REGENTS, FELLOWS, OFFICERS, EMPLOYEES AND AGENTS, MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
5. Reservation of Rights
6. Applicable Law
7. No Assignment
7.1 You may not assign or transfer any of your rights or delegate any of your obligations hereunder to any third party.
8. Compliance with Law
8.1 You may not use the CT Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.