THESE TERMS ARE AN AGREEMENT ("Agreement") by and between the University of Wyoming ("University"), an institution of the State of Wyoming located at 1000 E. University Avenue, Laramie, Wyoming 82071, and you ("User"). These terms apply to the database, any software products, services (if any) and documentation associated with the database. BY USING THIS DATABASE, YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT THEM DO NOT USE THE DATABASE. If you comply with these terms, you have the rights granted below, subject to the limitations herein.
WHEREAS University owns certain rights to a Database, related software, services (if any) and documentation associated with the Database as set forth in Section 1 as "Database." WHEREAS User desires to use the Database. NOW, THEREFORE, for valuable consideration, the User and University (the "Parties") mutually agree as follows:
Whenever used in this Agreement the following terms shall have the meaning attributed to them below. Other capitalized terms used in this Agreement are defined in the context in which they are used and shall have the meanings attributed therein. The terms defined in this Agreement include the plural as well as the singular.
"Documentation" means all user manuals and other written material that describe the functionality or assist in the use of the Database.
"Database" means the database known as "Wyoming Migration Initiative Ungulate GPS Data Sets" and any software products, services (if any) and documentation associated with the database, except the "Data Viewer" defined below.
"Project data" means a research product that records timestamped animal locations contributed to the Database. Also can be referred to as GPS data and/or VHF data.
"Reference data" means thematic data sets, other than GPS or VHF data, that have been contributed to the Database or are publicly available.
"Data Viewer" means the web-based user interface to the Database.
Subject to the provisions of this Agreement, University grants to User and User accepts a non-exclusive, non-transferable and non-assignable license to use the Database and the Project data provided in the Database for any purpose. Project data may be viewed via the data viewer and rendered in map products. Map products derived from the Data Viewer may be used in publications or presentations, and must acknowledge the "Wyoming Migration Initiative, migrationinitiative.org" and the data owners for any projects depicted on the map.
The use of Reference Data is governed by their respective licenses. Links to the Reference Data owner webpages are provided in the associated Data Viewer tools.
User shall not copy, adapt, reverse engineer, decompile, dissemble, or modify, in whole or in part, any of the Database, its related software or documentation. Copies of Project data may only be obtained through a request to the data owner and are not available for download via the Data Viewer.
User acknowledges and understands that University is a public university, and, as such, University does not offer traditional maintenance and support services with respect to the Database. The University reserves the right to add or withdraw content or information from the Database, or shutdown the Database without notice. User acknowledges and agrees that, the University (a) has no obligation to make any Updates, Upgrades, or other enhancements or modifications to the Database, (b) has no obligation to notify User of any changes to the Database, and (c) has no obligation to provide any maintenance or support services whatsoever.
User shall not make any use of the Database or the Data except as expressly permitted by this Agreement.
User acknowledges and agrees that all copyright, patent, trade secret, and all other intellectual property rights of whatever nature in the Database are and shall remain the property of University, and nothing in this Agreement should be construed as transferring any aspects of such rights to User or any third party. Except as specifically granted in this Agreement, no license under any patents, copyrights, trademarks, trade secrets, or any other intellectual property rights, express or implied, are granted by University to User under this Agreement.
University acknowledges that nothing herein shall grant University any rights in User's products or in any intellectual property rights associated therewith.
The database and related components are provided "AS IS." Except to the extent that a warranty may not be excluded or is limited by law, University makes no warranties or representations relating to the database and its related components, express or implied, statutory or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. '."University does not warrant that the database and its related components will satisfy User's or any end-user's requirements, that the database and its related components is without defect or error or that operation of the database will be uninterrupted. This disclaimer is made with respect to and extends to the documentation, the database, the software or the resulting product as well as the associated data.
Under no circumstances shall University be liable for any damage or loss incurred by User (or by any party claiming by or through User, including without limitation, agents or customers) arising out of or resulting from the Database or related to the database. In no event will University be liable for any indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by User or any third party, whether in an action in contract or tort, or any other legal theory, even if University has been advised of the possibility of such damages.
University is not liable for any discrepancy between results created by using the database and (b) the real result obtained from any work related to the database.
User shall defend, indemnify and hold harmless the University and its public employees from any and all claims related to this Agreement. This indemnification shall include, but is not limited to, any and all claims alleging products liability or infringement.
User will not use or include the name or trademarks of University in any advertisement, sales promotion, or other publicity matter without the prior written approval of University.
User shall recognize the University Database and any findings, interpretations, or analysis that result from the Database or this Agreement, in any scientific or industry publications or presentations.
Any notice or reports required or permitted to be given under this Agreement shall be given in writing and shall be delivered in a manner that provides confirmation or acknowledgement of delivery. Except as stated otherwise, notices shall be sent to the address set forth in the beginning paragraph of this Agreement.
Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect.
The paragraph headings and captions of the Agreement are included merely for convenience of reference and are not to be considered part of, or to be used in interpreting the Agreement and in no way limit or affect any of the contents of the Agreement or its provisions.
The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over any action arising out of this Agreement and over the parties, and the venue shall be the Second Judicial District, Albany County, Wyoming.
University does not waive its sovereign immunity or its governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement.
Any actions or claims against the University under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S. 1-39-101 et seq. (1977) as amended.
This Agreement is the complete, entire, final and exclusive statement of the terms and conditions of the agreement between the Parties related to accessing the Database. The Agreement supersedes, and the terms of the Agreement govern, any prior or collateral agreements between the Parties with respect to the subject matter hereof. The Agreement may not be modified and the University hereby expressly rejects any modifications made or submitted by User.