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• 29165baca3167026716aa4fa8c8a4a7255ca2bdd description "Data Sharing Agreement (DSA) This is an agreement (“Agreement”) between you the downloader (“Downloader”) and the owner of the materials (“User”) governing the use of the materials (“Materials”) to be downloaded. The Materials, as defined hereafter, have been acquired during the performance of the SILNE and SILNE-R H2020 projects entitled in full “Tackling socioeconomic inequalities in smoking: learning from natural experiments by time trend analyses and cross-national comparisons”. The User, owners of the Materials are the consortium members of the SILNE and SILNE-R projects. Materials (Short description) The database includes data obtained during the performance of two social whole-network surveys in 67 secondary schools in Europe. It contains data obtained at different levels: at the student-level, at the school-level, at the dyad-level and finally a dataset at the staff-level. The first survey (SILNE) aimed to analyse socio-economic inequalities in smoking among school-aged adolescents. In the second survey (SILNE-R) the implementation of school-tobacco control policies was a key objective. I. Acceptance of this Agreement By downloading or otherwise accessing the Materials, Downloader represents his/her acceptance of the terms of this Agreement. II. Modification of this Agreement Users may modify the terms of this Agreement at any time. However, any modifications to this Agreement will only be effective for downloads subsequent to such modification. No modifications will supersede any previous terms that were in effect at the time of the Downloader’s download. III. Use of the Materials Use of the Materials include but are not limited to viewing parts or the whole of the content included in the Materials; comparing data or content from the Materials with data or content in other Materials; verifying research results with the content included in the Materials; and extracting and/or appropriating any part of the content included in the Materials for use in other projects, publications, research, or other related work products. 1. Representations In Use of the Materials, Downloader represents that: 1. Downloader is not bound by any pre-existing legal obligations or other applicable laws that prevent Downloader from downloading or using the Materials; 2. Downloader will not use the Materials in any way prohibited by applicable laws; 3. Downloader has no knowledge of and will therefore not be responsible for any restrictions regarding the use of Materials beyond what is described in this Agreement; and 4. Downloader has no knowledge of and will therefore not be responsible for any inaccuracies and any other such problems with regards to the content of the Materials and the accompanying citation information. B. Restrictions in his/her Use of the Materials, Downloaders cannot: 1. obtain information from the Materials that results in Downloader or any third party(ies) directly or indirectly identifying any research subjects with the aid of other information acquired elsewhere; 2. produce connections or links among the information included in User’s datasets (including information in the Materials), or between the information included in User’s datasets (including information in the Materials) and other third-party information that could be used to identify any individuals or organizations, not limited to research subjects; and 3. extract information from the Materials that could aid Downloader in gaining knowledge about or obtaining any means of contacting any subjects already known to Downloader. IV. Representations and Warranties User represents that user has all rights required to make available and distribute the materials. Except for such representation, the materials is provided “as is” and “as available” and without warranty of any kind, express or implied, including, but not limited to, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Without limiting the foregoing, user does not warrant that: (a) the materials are accurate, complete, reliable or correct; (b) the materials files will be secure ; (c) the materials will be available at any particular time or location; (d) any defects or errors will be corrected; (e) the materials and accompanying files are free of viruses or other harmful components; or (f) the results of using the materials will meet downloader’s requirements. Downloader’s use of the materials is solely at downloader’s own risk. V. Limitation of Liability In no event shall user be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the materials (i) for any direct damages, or (ii) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. VI. Indemnification Downloader will indemnify and hold User harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from the i) Downloader’s misuse of the Materials; (ii) Downloader’s violation of the terms of this Agreement; or (iii) infringement by Downloader or any third party of any intellectual property or other right of any person or entity contained in the Materials. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages. VII. Dispute Resolution Downloader and User agree that any cause of action arising out of or related to the download or use of the Materials must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This Agreement shall be governed by and interpreted in accordance with the laws of Belgium. All disputes under this Agreement will be submitted to the competent courts in Brussels, Belgium. Downloader consents to the jurisdiction of such courts and waives any jurisdictional or venue defenses otherwise available. VIII. Integration and Severability This Agreement represents the entire agreement between Downloader and User with respect to the downloading and use of the Materials, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Downloader and User with respect to downloading or using the Materials. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. IX. Miscellaneous User may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect outside of the terms described within this Agreement. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Any Downloader who wishes to make a publication containing or relating to any part of the data set shall make such publication in full agreement to the international standards outlines in the Uniform Requirements for Manuscripts Submitted to Biomedical Journals (www.icmje.org) and in full agreement with Annex 1 attached to this Agreement.   Annex 1 : Data access rules and publication rules for SILNE survey (first and second wave) Revised, December 2018 The aim of this document is to propose a general template for rules on data access and publication regarding the first and second wave of the SILNE-survey (survey coordinator Vincent Lorant) that have been creates in the SILNE and SILNE-R projects (project coordinator Anton Kunst). These are rules are not only meant to avoid dispute, but also to stimulate collaborative, comparative analyses. They are based on the rules that have been developed for the first wave of the SILNE survey. A. General 1. The WP leader and representatives of the seven countries (Belgium, Finland, Germany, Italy, The Netherlands, Portugal and Ireland) are called below “partners”. 2. This agreement fully adheres to the SILNE-R Consortium Agreement (CA), including its articles on data ownership, data access rights, and dissemination. 3. The agreement also takes into account the ethics requirements and data management rules specified for SILNE-R by the Horizon2020 program. 4. This agreement assumes that partners adhere to existing rules on good scientific practice. B. Access to and use of SILNE data sets by partners 5. The data of the seven countries are considered as one single data set, to be used for collaborative, international analyses. 6. Data sets containing data from the 7 countries will be developed, maintained and upgraded by the WP leader. 7. After validation and preliminary analyses, the WP leader will ensure a smooth transfer of relevant data sets, together with documentation, to other partners. 8. The partners will not use the data sets for any other purposes than for research or feedback to respondents such as schools. C. Access to and use of SILNE data sets by third parties 9. “Third parties” include everyone not affiliated with the department (or other organizational units of similar size) of one of the partners. 10. Students at bachelors or masters levels may use the data for research, provided that they join the team of one of the partners and work at the partner’s premises. 11. Before July 2020, partners will not give third parties access to the data unless agreed by all partners. Request to access the data will be decided by the “Publication Group” (see point 17 below). 12. From July 2020 onwards, the data will be accessible to third parties.These parties will need to apply for the data by submitting a proposal to the publication group. Proposals will be checked in order to ensure that the use of the data that is in accordance with SILNE-R purposes, and that analyses will not be duplicated. 13. The publication rules specified below also apply to analyses carried out by third parties. 14. Third parties can maintain the data for a period of 3 years, after which they should delete the data files and/or return processed data to the survey coordinator. This retention period can be extended by the survey coordinator. D. Publication rules 15. The publication rules below apply to all written publications (papers, reports and book chapters). 16. The publication rules below apply to all partners and any third party. 17. The publication rules below apply to the use of any part of the data set. Exemption may be granted to descriptive papers that are written for national journals and that are based on national data only. 18. Publication procedures will be in full agreement to the international standards outlined in the Uniform Requirements for Manuscripts Submitted to Biomedical Journals (www.icmje.org). The rules specified below are complementary to these standards. 19. A “Publication Group (PG)” will be established to ensure that each partner and third party adheres to the publication procedure and authorship rules specified below. The group will be chaired by the WP leader. All partners have an equal representation in this group. E. Publication procedures 20. Before a start is made with the preparation of a publication, a proposal for this publication is submitted to the PG by one of the partners. The PG will approve or disapprove this proposal, thereby taking into account possible overlap with other plans and proposals. The proposal specifies the general aim, the research questions, the variables to be used, and the intended audience. 21. All partners are given the opportunity to state whether they wish to co-author the intended publication. Those who wish to be co-author will have at least two times the possibility to comment on results of the analyses and drafts of the paper. Coauthors will be given the opportunity to respond within a reasonable period (say, two weeks). 22. Before (re-)submission of a paper to a journal, the leading author ensures that all co-authors agree with the contents. Co-authors may (a) withdraw their coauthorship if they do not agree with the contents of the final paper or (b) withhold their approval until major shortcomings to this paper have been resolved. 23. Partners who wished to be co-author but who have failed to make substantial contributions, e.g. by having commented only on a few minor details, may be excluded from the list of co-authors. 24. If two partners have a conflict they cannot resolve, they may present this conflict to the PG. The PG will decide by majority, thereby taking into account the rules on ownership, access and dissemination in the Consortium Agreement. F. Authorship rules 25. Each team will be represented by one or two members, depending on the journal instructions and on effective contributions. The leading group can be represented by more than 2 people. 26. In order to give credits to the coordinating effort of the WP leader, members of the WP team are generally given more prominent places in the list of co-authors, such as a second or last authorship." @default.
• 29165baca3167026716aa4fa8c8a4a7255ca2bdd type RightsStatement @default.