CARARE - Europeana Data Agreement

Parties

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CARARE
Registered address: The Black Church, St. Mary’s Place, Dublin 7, Ireland
URL: www.carare.eu
Name of authorised representative: Kate Fernie
Role in the organisation: Operations Manager
Work email: kate@carare.eu

Hereafter named ‘CARARE’

And

Name of organisation:
Address:
URL:
Name of authorised representative:
Role in the organisation:
Work email:
Hereafter named “Data Partner”

Whereas:

1. CARARE supports institutions in the process of sharing and providing access to their digital cultural heritage content,
2. For this purpose, CARARE provides services to ingest, index and enrich descriptive Metadata (hereafter called Metadata) in its data repository;
3. CARARE makes the metadata in its data repository available for remote harvesting by Europeana, who maintains a database that includes Metadata and Thumbnails;
4. The Data Partner creates metadata relating to digital cultural heritage content and is willing to make this available to CARARE under the terms of this agreement.

The parties have agreed the following:

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Article 1 Definitions

• CC0 1.0 Universal Public Domain Dedication: The Creative Commons Universal Public Domain Dedication as published at: http://creativecommons.org/publicdomain/zero/1.0/.
• Content: a physical or digital object that is part of Europe’s cultural and/or scientific heritage, typically held by the Data Partner or by a data partner of the Data Partner.
• Digital Object: A digital representation of an object that is part of Europe's cultural and/or scientific heritage. The Digital Object can also be the original object when born digital.
• Europeana.eu: The Europeana website, its data and its machine interfaces, all without necessarily being disclosed under URL europeana.eu.
• Europeana Data Use Guidelines: Non-binding guidelines for users of data published by Europeana, made available at the Effective date at http://www.europeana.eu/portal/data-usage-guide.html.
• Intellectual Property Rights: Intellectual property rights including, but not limited to copyrights, related (or neighbouring) rights and database rights.
• Metadata: textual information (including hyperlinks) that may serve to identify, discover, interpret and/or manage Content.
• Metadata Specifications: The most recent version of the Metadata specifications published by Europeana and available at http://europeana.eu/schemas/ on the Effective Date
• Thumbnail: A visual representation of Content, in the form of an image
• Public Domain: Content, Metadata or other subject matter not protected by Intellectual Property Rights and/or subject to a waiver of Intellectual Property Rights.
• Third Party: Any natural or legal person who is not party to this Agreement
• URI: Uniform Resource Identifier, URLs (Uniform Resource Locators) are URIs.
• Europeana Network Association: The association incorporated under the same name made up of the members of the Europeana Network.

Article 2 Provision of Metadata

1. It is at the discretion of the Data Partner to decide which Metadata, Thumbnails and Content it makes available to CARARE, subject to the minimum requirements of paragraphs 2 and 3 of this article.
2. The Data Partner shall submit metadata in accordance with the metadata specifications.
3. The Data Partner shall make best efforts to provide CARARE with accurate metadata on the Intellectual Property Rights to the Content, including the identification of Content that is Public Domain as being Public Domain.
4. CARARE shall collaborate with the Data Partner within thirty (30) days upon the latter’s request, for the correction, update and removal of Metadata provided by the Data Partner.

Article 3 Use of Metadata

1. CARARE shall include the Metadata provided by the Data Partner in the data repository held by CARARE and shall provide these Metadata to Europeana for inclusion in Europeana’s database.
2. The Data Partner understands that Europeana shall publish the Metadata provided by the Data Partner to CARARE, under the terms of the CC0 1.0 Universal Public Domain Dedication and CARARE is hereby authorized by the Data Partner to authorize Europeana to do so. The Data Partner recognizes that it hereby waives – to the greatest extent permitted by, but not in contravention of applicable law – all Intellectual Property Rights in the Metadata it has provided and will provide to CARARE. If – according to the applicable law – such waivers are not legally binding in particular territories the “Public License Fallback” in sec. 3 of the CC0 1.0 Universal Public Domain Dedication will apply, and the Metadata provided by the Data Partner is licensed non- exclusively, unconditionally, free-of-charge for all types of use and for all territories to the public. For details about the waiver/public license see the Text of the CC0 1.0 Universal Public Domain Dedication under the URL mentioned in Article 1 above.
3. In as far as the Data Partner has provided or will provide CARARE with Metadata that it has aggregated from Third Parties or that otherwise originate from Third Parties, the Data Partner shall ensure that these Third Parties have authorized the Data Partner to comply with paragraph 2 of this article.

Article 4 Use of Thumbnails

1. Notwithstanding paragraphs 2 and 3 of this article, CARARE and Europeana are entitled to allow use of the Thumbnails by visitors of Europeana.eu and Third Parties in accordance with terms specified by the Data Partner in the edm:rights field (or its equivalent in a later version) of the Metadata Specifications.
2. Data Partner authorizes CARARE and Europeana to store and publish on Europeana.eu all Thumbnails provided by the Data Partner, though only in combination with the Metadata that pertain to the same Content.
3. In as far as the Data Partner is the proprietor of Intellectual Property Rights to the Thumbnails it provides to CARARE, the Data Partner hereby grants CARARE and Europeana a license to use these rights in accordance with this article, without affecting any moral rights that it may have in these Thumbnails.
4. In as far as the Data Partner has provided or will provide CARARE with Thumbnails that it has aggregated from Third Parties or that otherwise originate from Third Parties, the Data Partner ensures that these Third Parties have authorized the Data Partner to enable CARARE and Europeana to perform paragraphs 1 and 2 of this article.

Article 5 Use of Digital Objects

1. If the Metadata provided to CARARE contains direct links to the associated Digital Objects, and that Metadata is shared with Europeana, visitors of Europeana.eu will be provided with the ability to view such Digital Objects without leaving Europeana.eu.
2. Other than in situations as described in paragraph 3 of this article, CARARE and Europeana will not store copies of the Digital Objects.
3. CARARE and Europeana are entitled to use Digital Objects referenced in the Metadata provided by the Data Partner in accordance with the conditions established by the rights statement contained in the Metadata associated with the Digital Objects.

Article 6 Liability and Notice and Take Down

1. The Data Partner must make best efforts to ensure that performance of articles 3 and 4 does not constitute an unlawful act towards a Third Party, including but not limited to:
2. Violation of Intellectual Property Rights of a Third Party;
3. An infringement of personality, privacy, publicity or other rights; or
4. An infringement of public order or morality
5. In the event that performance of articles 3 and 4 constitutes an unlawful act towards a Third Party, CARARE shall assist the Data Partner in limiting the negative consequences of such unlawful act, however without accepting any liability. In performance of this obligation, CARARE shall use the notice and take down procedure of paragraph 3 of this article.
6. In the event that a Data Partner or Third Party notifies CARARE that it is of the opinion that performance of articles 3 and 4 constitutes an unlawful act towards any party, shall decide within ten (10) working days whether measures are required to end an unlawful state. Europeana may decide to request the notifying party or the Data Partner to provide further views.
7. Both parties shall hold the other party free and harmless of any action, recourse or claims made by any Third Party due to the non-observance of its obligations under this agreement.

Article 7 Termination

1. Either party may terminate this agreement at any time by serving a written notice on the other party. The termination will become effective thirty (30) days after receipt of the written notice.
2. Upon termination of this agreement, CARARE and Europeana shall only be obliged to remove Metadata and Thumbnails provided by the Data Partner if the Data Partner requests such removal. Removal shall happen no later than 30 days after such a request has been received.
3. Termination of this agreement does not affect any prior valid agreement made by either party with Third Parties.
4. This agreement enters into force as of the date of signature of the parties.
5. The agreement will be renewed automatically for a period of one year every 1 January unless terminated by one of the parties.

Article 8 Miscellaneous

1. This agreement may be supplemented, amended or modified by mutual agreement of the partners.
2. This agreement is drawn up in English, which language shall govern all documents, notices, meetings, arbitral proceedings and processes.
3. This agreement shall be construed in accordance with and governed by the laws of the Republic of Ireland.
4. Any disputes arising out of or in connection with this agreement shall be referred to the board of the CARARE association for mediation. The outcome of the mediation process will be binding on both parties.

Signed by both parties:

Data provider:		CARARE:
Date:		Date: