Work Description

Terms of use for CT (Computed Tomography) Data from the University of Michigan Museum of Paleontology (UMMP)

These terms may have been updated since the files were deposited (see Sec 5.2). For the most up to date version of these terms, please see:
https://umorf.ummp.lsa.umich.edu/wp/ct-terms/

By downloading, receiving, or otherwise accessing or using CT Data provided by the UMMP and CTEES, you agree to be bound by these Terms of Use.

1. Usage
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. Publication
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. Attribution
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
5.1 Michigan reserves all rights not expressly granted to you in these Terms of Use.
5.2 These Terms of Use may change without notice. Changes shall be effective upon posting, and you are encouraged to check regularly for updates.

6. Applicable Law
6.1 These Terms of Use will be governed by and construed under the laws of the State of Michigan. Any actions in regard to these Terms of Use will be heard, decided, and resolved in the Michigan Court of Claims.

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.
8.2 The rights granted to you in these Terms of Use are subject to any restrictions or any rights required to be granted under prior research or sponsorship agreements, or retained by the U.S. government, for example in accordance with Chapter 18 or Title 35 of U.S.C. 200-212 and the regulations thereunder (37 CFR Part 401), when applicable. You agree to comply in all respects, and shall provide us with all reasonably requested information and cooperation for us to comply with applicable provisions of the same and any requirements of any contracts between us and any agency of the U.S. government that provided funding for the subject matter hereof.

9. Termination
9.1 Michigan may terminate your right to use the CT Data if you breach any provision of these Terms of Use immediately upon written notice to you. Upon termination, you agree to cease using the CT Data, delete or destroy all copies of the CT Data, and certify in writing to UMMP that the CT Data has been deleted or destroyed.