The subject of the agreement is the entire research dataset and associated metadata uploaded by the data provider to the FDAT repository.

The parties to this agreement, the individual providing research data and the Eberhard Karls University of Tübingen (represented by the IKM, hereinafter referred to as the repository operator), agree that the data provided will be used under the conditions set out below.

The University of Tübingen provides researchers with the FDAT research data repository.

• FDAT offers a platform for structured and permanent storage, documentation, and publication of research data according to the FAIR Data Principles.
• Research data is made available on a long-term basis, provided with descriptive metadata, promotes exchange and accessibility, ensures reference and citability, and meets the requirements of third-party funding bodies and good scientific practice.
• The repository is not suitable as a storage location for working copies of data used on a daily basis.
• The FDAT service is provided free of charge to members of the University of Tübingen.

Inappropriate Data and Legal Infringements

The operator reserves the right to reject data and other materials if there are doubts about the legal admissibility of archiving and/or publication. If the Operator becomes aware of any unlawful use or violation of the law after publication, the Operator reserves the right to independently block or remove the data in question from the repository.

Publication of Data

All accepted datasets will be published through the repository and will be assigned a persistent identifier (DOI), making the data uniquely referenced and citable.

Data Curation

The uploaded data will not be scientifically reviewed by the repository operator itself. However, the operator will implement a peer-review based data curation methodology where data curators associated with the project will undertake this task.

Retention Period

The minimum guaranteed retention period for research data is 10 years, in line with the German Research Foundation's recommendations for ensuring good scientific practice.

Continuous Development

The operator is constantly developing FDAT and reserves the right to adapt the service both technically and organisationally and to discontinue the service at any time or to replace it with another service. If FDAT is discontinued, data, metadata and other materials will be retained for the remaining agreed period.

Bitstream Preservation

The operator will not alter the content of data uploaded to the Repository. There will be no migration to new file formats, instead the so-called bitstream preservation method will be applied. However, the permanent usability and interpretability of the data cannot be guaranteed, as it depends on the availability of the necessary software to read the data. The repository operator reserves the right to convert the data into other file formats, in which case the original data will be preserved.

Data Backup

Data and metadata in FDAT are stored on long-term storage hardware provided by the University Computing Center of the University. All data will be backed up and multiple copies will be kept in separate locations (geo-redundancy). The operator reserves the right to move data to other servers under its control.

Rights of Use

The data provider assures that he holds the rights to use the data and grants the repository operator a non-exclusive right to use the transferred digital data sets and documents for an unlimited period of time immediately upon transfer, in particular

1. The right to systematically archive the data and to use them for the purposes of long-term digital preservation and publication,
2. The right to migrate the data to successor technical systems,
3. The right to make published data permanently available to the public for online viewing and downloading as part of the online services of the FDAT repository, taking into account the established embargo periods and the selected licence for data re-use.

The data provider also agrees that the descriptions (metadata) of the research data may be published under a Creative Commons CC0 licence and shared with other metadata harvesting repositories. The data provider's copyrights will be retained, allowing the data to be transferred to other institutions for archiving or publication.

By submitting data to FDAT, the data provider warrants that the data and ancillary materials to be made available without special access authorisation are not in breach of any law, are free from third party rights and comply with relevant data protection legislation. In particular, personal data containing information on an individual level must be anonymised in such a way that individual identification is excluded (falsification). The data provider indemnifies the operator from all claims of third parties, including all costs of legal defence and prosecution.

Data provider are responsible for determining the completeness and integrity of their data.

Withdrawal of Data

It is not the intention of the data provider to withdraw data that has already been published. In justified exceptional cases (e.g. faulty files, legal issues) data may be withdrawn after consultation with the operator. However, some minimal metadata may remain publicly available and the DOI assigned to the data may continue to be resolved to the FDAT repository with a reference to the withdrawal of the data.

Open Data Intention

As a publisher of research data, the University of Tübingen generally favours unrestricted access to publicly funded research data (Open Data). If restricted access or an embargo is chosen, the reasons for this must be stated. In all cases, the descriptions of the research data (metadata) must be directly accessible and searchable via the Internet.

Termination of the Contract

The contract may be terminated by either party at any time with 6 months' notice for good cause, in particular if obligations under this contract have not been met despite a reminder. Termination must be in writing and must state the reasons for termination. The deletion of data and metadata from the repository will be carried out in a timely manner, depending on the operator's resources and the volume of data. Upon request, the data provider may export the data and metadata for its own purposes prior to deletion. If a Creative Commons licence has been chosen, the rights of use for the benefit of the general public will continue after the end of the contract.

Liability

In the event of data loss or corruption, the Repository Operator will retain backup copies and make them available upon request. No further liability is accepted.

Place of Jurisdiction

The law of the Federal Republic of Germany applies. The place of jurisdiction is Tübingen.