Data Viewer Terms of Service

Data Viewer Terms of Service

Please read the Copyright, Software License, Privacy Policy, and Database Terms and Conditions. Full text of the terms and conditions is also available on the Policies page. If you agree to and accept these terms, and upon providing your email address, you may continue to the Data Viewer.

Overview

The gists of the Copyright, Software License, Privacy Policy, and Database Terms and Conditions are provided for convenience only; use of the Database and Data Viewer is governed by the full text of these documents, which are provided below.

  • Data Viewer is provided AS-IS with no warranty or obligation for service, maintenance, or support. The Project Data are made available according to the Data Owner Agreement. Raw GPS data are not available for download via the Database or Data Viewer.
  • We will not share your personally identifying information with third parties, except as may be required by law. Details of use may be reported in aggregate.
  • The Data Viewer software is released under the GPL v3.0.
  • The Database and Data Viewer are © 2015, 2016 by the University of Wyoming. Copyright to the Project Data and Reference Data is held by the data owner(s).

Database Terms and Conditions

July 8, 2016

DATABASE TERMS AND CONDITIONS

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.

RECITALS

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:

1. DEFINITIONS

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.

1.1 Documentation

"Documentation" means all user manuals and other written material that describe the functionality or assist in the use of the Database.

1.2 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.

1.3 Project data

"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.

1.4 Reference data

"Reference data" means thematic data sets, other than GPS or VHF data, that have been contributed to the Database or are publicly available.

1.5 Data Viewer

"Data Viewer" means the web-based user interface to the Database.

2. Rights and Limitations

2.1 Use

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.

2.2 Restrictions

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.

3. License's Obligation

3.1 Support and Maintenance

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.

4. USER'S OBLIGATION

4.1 Appropriate Use

User shall not make any use of the Database or the Data except as expressly permitted by this Agreement.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 University Intellectual Property Rights

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.

5.2 User Intellectual Property Rights

University acknowledges that nothing herein shall grant University any rights in User's products or in any intellectual property rights associated therewith.

6. WARRANTY DISCLAIMER

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.

7. Limitation of Liability

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.

8. Indemnification

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.

9. General provisions

9.1 Non-Use of Name

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.

9.2 Use of Name

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.

9.3 Notices

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.

9.4 Severability

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.

9.5 Headings

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.

9.6 Governing Law

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.

9.7 Sovereign Immunity

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.

9.8 Governmental Claims

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.

9.9 Entire Agreement

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.

Privacy Policy

July 25, 2016

Cookies

This site uses cookies, which are small files stored on your computer. The cookies set and used by this site contain information about your current session, and are set to expire (and be removed by your browser) after a period of time or at the end of the session. Your use of this site means you agree to the use of cookies.

Google Analytics

The Wyoming Migration Initiative website uses Google Analytics to help understand patterns of use on our website. We do not send personally identifying information to Google. Google tracks web activity (see Google's Privacy Policy), and offers a browser add-on to opt-out of Google Analytics.

Log of User Activity

Actions taken by the user while interacting with the Data Viewer may be logged. The logs will be used to compute aggregate statistics of activity (e.g., what proportion of users view an animation of the GPS data) that may be used in reports that are shared with Partners or the general public. The reports will not include personally identifying information.

Personally Identifying Information

Personally identifying informtion is requested when you visit the Data Viewer or register for an account on the Data Viewer.

Guests

Visitors to the Data Viewer will be asked to provide a valid email address to access the Database. Although there is always a risk that information may be intercepted, transmission of your personally identifying information over the internet is protected using standard internet security (HTTPS).

Your email address will be stored on University of Wyoming servers, and available to the Database administrators. Personally identifying information (i.e., email address) will be used to compute aggregate Database usage details (e.g., total number of unique users who accessed the Database). Aggregate details will be shared with Partners of the Wyoming Migration Initiative after removing personally identifying information. We will not share your personally identifying information with third parties, except as may be required by law.

If use of the Database or Data Viewer associated with your email address is found to be in violation of the Database Terms and Conditions, you may be denied access to the Data Viewer.

Personally identifying information may be shared with law enforcement as required by law.

Registered Users: Public

Users who register for an account in the Data Viewer will be asked to provide their name and a valid email address. Although there is always a risk that information may be intercepted, transmission of your personally identifying information over the internet is protected using standard internet security (HTTPS).

Your information will be stored on University of Wyoming servers, and available to the Database administrators. You may update your registration details by contacting the Database administrators via email: info@migrationinitiative.org; changes will affect future records, but will not retroactively change any previously stored records.

Personally identifying information (e.g., email address) will be used to compute aggregate Database usage details (e.g., total number of unique users who accessed the Database). Aggregate details will be shared with Partners of the Wyoming Migration Initiative after removing personally identifying information. We will not share your personally identifying information with third parties, except as may be required by law.

We may use your email address to contact you with information related to your account, or with announcements about updates to the Database or Data Viewer. You may opt-out of receiving announcements about updates during the registration process, or at any time by contacting the Database administrators via email: info@migrationinitiative.org

Please keep your password private. If use of the Database or Data Viewer associated with your account is found to be in violation of the Database Terms and Conditions, your account may be suspended and you may be denied access to the Data Viewer.

Personally identifying information may be shared with law enforcement as required by law.

Registered Users: Agency or University

Users who register for an Agency or Research account, or for whom an Agency or University representative registers an account, will be asked to provide their Agency or University affiliation in addition to the information collected from Public users. Storage, access to, and use of this information is the same as that described for information collected from Public users.

User Content

Users may have the option to upload spatial data for viewing in the Data Viewer. Uploaded data will be available during the current session only. User contributed spatial data will not be stored beyond the conclusion of the session.

Links to Third Party Websites

The Data Viewer contains links to third party websites, which may be governed by their own privacy policies. The University makes no endorsement of those sites, and your use of those sites is at your own discretion and risk.

Software License

July 8, 2016

The web-based user interface to the Wyoming Migration Initiative ("Data Viewer") has been implemented as a Drupal theme (wmi_dataviewer) and three Drupal modules (wmi_tools, wmi_admin, and wmi_policydocs). The software implementation is released under the GPL v3.0.

June 12, 2016

The Database and Data Viewer are © 2015, 2016 University of Wyoming.

Copyright of the Project data and Reference data is held by the data owner(s), and shared in the Data Viewer in accordance with the Data Owner Agreement under which it was contributed to the Database.