DRAFT (25. February 2004)

Preamble

This Code establishes the agreement between legal entities willing to share or provide access or access biological collection specimen or observation data through a Network Service.

1. Definitions

Data Sharing: provision of data from Data Nodes in the Internet, accessible through standardized protocols.

Unit Data: data describing (the components of) specimen or observation data.

Portal Node: any legal entity acting as service provider enabling access to Unit Data on the Internet. 

Data Node: a legal entity having the right to provide and providing unit data to share in the Network.

Network Service: the combination of a Portal Node, accessible Data Nodes, standards and protocols.

User: any legal entity using an Internet connected computer to access a Portal Node.

2. Understandings

2.1. Data Nodes want to share their Unit Data internationally to foster scientific research and development and to support the use of these data.

2.2. Such Data Sharing is in the spirit of the objectives of the Global Biodiversity Information Facility (GBIF; see Adjunct 1), and Data Nodes agree to share their data with GBIF.

3. Principles 

3.1. Data sharing is the exclusive decision of Data Nodes by their agreement with this Code of Conduct.

3.2. Proper credit for every record is maintained and transferred by the Portal Node interfaces to any User.

3.3. Copyrights of the data contents reside with the Data Nodes, subject to the law of their country. The agreements on Intellectual Property Rights in the Memorandum of Understanding of the Global Biodiversity Information Facility (GBIF) also apply to this Network Service (see Adjunct 2).

3.4. The Portal Node is not responsible for data content. 

3.5. Data Nodes and Portal Nodes are not liable or responsible, nor are its employees or sub-contractors for any loss, damage, claim, cost or expense however it may arise, from the use of - or an inability to use - the Network Service.

3.6. Portal Nodes, Data Nodes, and Users respect the spirit and legislation in relation to the Convention of Biological Diversity, and other appropriate national legislation.

4. Data Node

The Data Node agreeing to install the software to share its Unit Data in the Internet states that it:

4.1. acts in accordance with Article 2 Understandings and Article 3 Principles.

4.2. grants free access to the data for non-profit purposes and for other purposes by agreement. 

4.3. owns the shared data, or has the permission to contribute the data from third parties.

4.4. provides data based on common curatorial standards.

4.5. acts responsibly and legally towards restricting access to sensitive data.

5. Portal Node

The Portal Node states that it will:

5.1. act in accordance with Article 2 Understandings and Article 3 Principles.

5.2. provide proper credit for every record from all Data Nodes.

5.3. notify Users of the rights of the Data Nodes as stated in this Code of Conduct.

5.4. provide access only if Users agree to this Code of Conduct 

5.5. specifically notify Users about the rules to acknowledge the Data Nodes as data providers (article 6.2).

6. User

6.1. Users accessing data from data nodes through any portal accept the rights of the Data Nodes for every transferred record in agreement with this code. 

6.2. Users accept that they will provide proper credit for every record in conjunction with the use of the records.

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