In addition to complying with the Qualitative Data Repository's (QDR's) General Terms and Conditions of Use, downloading data projects or the components of any data project from QDR requires completion of this Standard Download Agreement unless otherwise specified in a data project's terms of use or terms of access.
As used in this Standard Download Agreement, "you", "your" and words of similar import include (a) the individual accepting this Standard Download Agreement as described above, and (b) any institution, organization or entity on whose behalf such individual is acting (including without limitation acts in the course of his or her employment), in whole or in part, with respect to the activities contemplated by this Standard Download Agreement. If acting on behalf of his or her institution, organization or entity in the capacity described in the foregoing clause "(b)", the person accepting this Standard Download Agreement represents and warrants that he or she has the authority to do so on behalf of his or her institution, organization or entity, and that by his or her acceptance he or she binds the institution, organization or entity to this Standard Download Agreement.
QDR is an operating unit of Syracuse University; as such, all rights and obligations attributable to "QDR" under this Standard Download Agreement constitute rights and obligations of Syracuse University.
QDR was established to preserve, enhance access to, and increase the use of social science data. It strives to adhere to the principles necessary to receive certification by CoreTrustSeal, which, inter alia, require that data consumers comply with relevant national and international legislation, and with any separate access regulations imposed by the data repository or individual depositors, and that consumers of data conform to codes of conduct that are generally accepted in higher education and scientific research for the ethical and safe exchange of knowledge and information.
Privacy of Research Subjects
Any intentional identification of a research subject (whether an individual or an organization) who was promised confidentiality, or unauthorized disclosure of his or her confidential information, violates the promise of confidentiality he or she was given.
A promise of confidentiality is often given by data collectors to research subjects / participants / respondents that the information they provide will not be disseminated without their permission; that the specific respondent's participation in the study will not be disclosed; and that disseminated information will include no linkages to the identity of the respondent. Such a promise encompasses traditional notions of both confidentiality and anonymity. Names and other identifying information regarding respondents, proxies, or other persons about whom the respondent or proxy provides information, are presumed to be confidential unless designated otherwise.
In order to prevent such events, as a QDR user you agree to:
- Use QDR data solely for research or teaching purposes and not for the investigation of or in order to attempt to re-identify specific research subjects.
- Make no use of the identity of any research subject if discovered inadvertently, and immediately inform QDR of any such discovery (qdr@syr.edu).
Redistributing Data
Ownership of and copyright to data projects, data files, and other data project materials stored in QDR are vested in the depositor or in third parties who own the material which was deposited. Downloading material does not transfer copyright. You agree not to redistribute any of the data or other materials downloaded from QDR without the written agreement of QDR.
If you receive written permission from QDR to redistribute data files or other materials, such redistribution must include all accompanying documentation with the data, including terms of use. All individuals to whom you redistribute the data must be registered users of QDR, and their use of the local copy of the data shall be fully subject to the policies of QDR.
Citing Data
Each data project includes in its User Guide the information necessary for a comprehensive bibliographic citation (including data authors, data identifier, and other information in accord with customary standards for social science data). You agree to make such a comprehensive citation in any publication of yours that uses data you retrieved from QDR, including but not limited to books, articles, conference papers, theses, dissertations and reports.
Notification of Publication
If you publish (formally or informally), whether or not as sole author, directly or indirectly, based completely or in part on a data project, or one or more components of a data project retrieved from QDR, you are required to promptly advise QDR that you have done so, and to provide a bibliographic citation to that publication. This allows QDR to demonstrate the impact of the original data, and scholars to be recognized and rewarded for data they create and share (qdr@syr.edu).
Sharing of Derived Data
You agree to share via QDR or a similarly appropriate institutional archive any new data projects you create on the basis of data projects, or components of a data project you downloaded from QDR or which have been derived using a combination of these materials and other data.
Disclaimer and Indemnification
You acknowledge that the original depositor of any data you download from QDR, or any entities that funded the collection of those data, or QDR, do not bear any responsibility for your use of the data or for any subsequent analyses, interpretations or inferences based upon such uses. Data and accompanying documentation are made available "as is" and no warranty is given either by QDR or by the original depositor that these are error-free. If you discover any mistakes, deficiencies or errors, please notify QDR (qdr@syr.edu). You agree to release, defend, indemnify and hold harmless QDR (including its staff, Technical Advisory Board, and Research Advisory Board) and Syracuse University and its trustees, directors, officers, employees, agents and representatives, as well as their respective suppliers, contractors and content providers, from and against any and all claims, demands, actions, suits, proceedings (whether civil, criminal or administrative), and judgments, and any and all liability, loss, expense (including reasonable attorneys' fees and professional expenses), costs or damages, arising from your use of any data you download from QDR including, without limitation, actions for breach of proprietary rights or copyright and actions concerning identification of research subjects, breaches of confidentiality, or invasions of privacy by or on behalf of said subjects.
Consequences of violations
If QDR determines that any of the terms of this Standard Download Agreement have been violated, it may, without limiting rights otherwise available at law or in equity, initiate one or more of the following sanctions:
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Revocation of this Standard Download Agreement, insistence that the downloader destroy his or her copies of all data ever downloaded from QDR, and/or denial of all future access to QDR services and data.
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Reporting the violation to the Institutional Representative, Research Integrity Officer, Institutional Review Board, Human Subjects Review Committee, or official or body at the downloader's home institution(s), organization(s) or entity(ies). These institutional representatives may recommend further sanctions in compliance with their respective policies. If the confidentiality of human subjects has been violated, the case may also be reported to the Federal Office of Human Research Protections and/or other governmental, regulatory and/or professional authorities. This may result in an investigation of the user's institution, which can lead to additional institution-wide sanctions including the suspension of research grants.
You expressly agree and understand that the remedy at law for any breach by you of this Standard Download Agreement will be inadequate and that damages flowing from such breach are not usually susceptible to being measured in monetary terms. Accordingly, it is acknowledged that upon your actual or threatened violation of any provision of this Standard Download Agreement, QDR shall be entitled to obtain from any court of competent jurisdiction immediate preliminary and/or permanent injunctive relief restraining any threatened or further violation.
A court may separately award the payment of damages to any individual(s) or organization(s) harmed by the breach of agreement to use data responsibly.
Withdrawal of permission
Permission to use data projects, components of a data project, or the service as a whole may be withdrawn by QDR at any time, without notice and without cause assigned, by electronic communication to users signed by or on behalf of the QDR director/s.
Last update 2019-12-05