- The University of Southampton’s public electronic institutional repository for research outputs is available at http://eprints.soton.ac.uk and deposit is via https://pure.soton.ac.uk/admin/. The University of Southampton is referred to as “Our/We/Us” in this Agreement;
- Only Our employees and students who are one of the co-authors of the Material (as defined below) in question are allowed to upload Material (“You”) or authorise another individual to upload Material on their behalf to the institutional repository;
- When You authorise another individual to upload Material on Your behalf, they are acting as Your agent and You remain liable to Us under the terms of this agreement;
- Access to the Material (as defined below) in the institutional repository is available to a wide variety of people and institutions, including automated agents, via the world wide web, who can use the Material as set out in this Agreement;
- Material means information and other materials in whatever form from time to time available through, on or otherwise forming part of the institutional repository.
Applicable University Regulations
- You must abide by Our Charter, Statutes, Regulations, Policies and Procedures (“University Regulations”) and in particular consider the following before You deposit Material:
6.1.1 Our Intellectual Property Regulations available at section IV of the University Calendar at http://www.calendar.soton.ac.uk/sectionIV/ipr.html;
6.1.2 Our Research Data Management Policy available at section IV of the University Calendar at http://www.calendar.soton.ac.uk/sectionIV/research-data-management.html;
6.1.3 Our Data Protection Policy available at section IV of the University Calendar at http://www.calendar.soton.ac.uk/sectionIV/data-protection.html;
6.1.4 Our Open Access Policy available at section IV of the University Calendar at http://www.calendar.soton.ac.uk/sectionIV/open-access.html
- Where Our Intellectual Property Regulations state that We own the intellectual property rights in some or all of the Material, then nothing in this Agreement changes that.
- Where Our Intellectual Property Regulations state that You own the intellectual property rights in some or all of the Material, then nothing in this Agreement changes that and You will remain the owner of the relevant whole or part of the Material but by depositing the Material You give Us the rights set out in clause 12 to 20 of this Agreement.
- We own the database rights in and relating to the institutional repository.
Do Not Deposit
- You must not deposit or upload Material to the institutional repository where:
10.1 You have not been involved in creating all the Material or subject to clause 11, in collaboration with other parties;
10.2 You need the permission of a company or grant body sponsoring the research to approve any publication of the Material and You do not have their written permission;
10.3 the identity or personal details of any living individual may be ascertained;
10.4 to do so will place You in breach of any of the confirmations given to Us at clauses 23 to 28 of this Agreement.
- Where any third party owns rights to part of the Material You must obtain their permission in writing for that part of the Material to be uploaded to the institutional repository and ensure they are aware the Material will be available to a variety of people as set out in clause 4 above.
When making a deposit or uploading Material to the institutional repository where We are not the owner of all the rights in the Material You give the University an irrevocable, worldwide, non-exclusive right, free from any royalty to:
- Incorporate the Material in the institutional repository however constituted;
- Communicate, make available, publish, and distribute the Material in any variety of formats;
- Copy and make multiple copies of the Material as are necessary to ensure efficient use, preservation and storage of the Material;
- Catalogue, enhance, incorporate and re-format the Material in any way to ensure efficient use, preservation and storage of the Material;
- To extract (replicate) unchanged parts (or all) of the Material for reuse into another work or repository;
- To translate unchanged parts (or all) of the Material;
- To use the Material (or parts of it) as part of a composite work, collection of works or in other repositories;
- To add notations and/or commentaries to the Material;
- Make the Material available to third party end users in accordance with the University’s Open Access Policy and either an end-user licence You select at the time of the deposit or in the absence of this, the principles of fair dealing;
in all of the instances above for the legal term of copyright and any and all extensions, renewals and revivals thereof throughout the world using any media or technology.
When making a deposit or uploading Material to the institutional repository You give end users:
- The rights to use the Material in accordance with either an end-user licence You select at the time of the deposit or in the absence of this, the principles of fair dealing.
- Commercial Use of Metadata
Metadata means data that describes an information resource or helps provide access to an information resource comprised within the Material. Where You create Metadata as part of the upload process, the copyright (if any) in the Metadata is owned by Us and You assign all rights to the Metadata to Us and We can use the Metadata for any purpose including any commercial use.
When making a deposit or uploading to the institutional repository You confirm that:
- You have the authority to make this agreement and give Us the right to make the Material available in the way described above;
- any errors or omissions in the content of the Material You upload will be Your responsibility;
- You have exercised reasonable care to ensure that the Material is original and has not previously been published;
- the Material does not contain anything which is obscene, libellous, defamatory, harassing, offensive or malicious;
- the Material does not contain the confidential information of a third party or if it does that You have that party’s written permission to deposit the Material and make it available as set out in this Agreement; and
- the Material does not infringe the rights of third parties including but not limited to their intellectual property rights, rights of privacy or contractual rights.
Removal of Material and Assistance
- We may manipulate, redact, or remove any part of Material which is in breach of Clauses 9 to 11 or which could otherwise damage Our reputation as determined in Our sole discretion and without notice to You.
- If We receive notification that the Material or any part of it infringes the rights of another individual or organisation We will immediately remove access to the Material and will investigate the complaint. This means amongst other things that We will examine computer logs and use other information We hold to determine who deposited the Material in the institutional repository. In accordance with University Regulations, You must assist Us in dealing with any queries We raise and provide Us with the information We require and proof of the written permissions from third parties mentioned in this Agreement. These obligations continue even after You leave the University.
Breach of the Agreement
- If We are reasonably of the view that You have deposited Material in breach of this agreement or Our University Regulations then in addition to removing the Material as set out above We may take any action envisaged by the applicable University Regulations, which includes but are not limited to taking disciplinary action against You in accordance with the relevant disciplinary procedure where You are still one of Our members.
- The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the other provisions.
- This Agreement is governed by, and construed in accordance with, English Law and the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to this Agreement.
Institutional Repository Deposit Agreement v6 2016.02.05 7098