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ETI Partner Contract and License Agreement
Responsible management of the world's biodiversity is based on reliable species identification and readily accessible documentation. For the study of biodiversity and to monitor changes in our biological environment, high quality taxonomic and biogeographic data are imperative. New tools are needed to structure all this information and make it worldwide accessible. ETI's Linnaeus II™ software was developed as a standard format to store species information, to develop interactive identification keys and create biogeographic information systems to facilitate easy exchange of data sets in the international science community.
Linnaeus II also provides a medium and a standard for electronic publishing of species monographs. International networks of ETI Partners use the Linnaeus II software to create up-to-date taxonomic monographs or regional biodiversity information systems which are released on CD-ROM and on the Internet to improve access to up-to-date and validated information.
ETI is a non-profit organization dedicated to the production of scientific and educational computer-based materials for the preservation of knowledge concerning the world's plants, animals and other organisms. This requires an interactive and easily accessible flow of information, involving expert data-providers and a wide range of users in all regions of the world. ETI and its Partners stimulate the international cooperation of scientists and the free exchange of scientific data.
The 'ETI Partner Licensee' underwrites the above statement and will support ETI's mission.
1a. The 'ETI Partner Licensee' shall receive from ETI, free of charge, one copy of the Linnaeus II software package for biodiversity documentation and species identification, for the construction of multimedia species databases, computer assisted identification systems and biogeographic information systems.
1b. The geographic module of the Linnaeus II software package offers six standard maps: a world map plus five maps covering the Atlantic, Pacific and Indian oceans. ETI Partner licensees who wish to add extra map(s) to the module should contact ETI to have these produced, at a cost of 800 euros per map.
2. The 'ETI Partner Licensee' is free to create and use information systems he/she creates with Linnaeus II in a non-commercial way.
3. The 'ETI Partner Licensee' acknowledges that ETI, as developer and owner of the Linnaeus II software, holds the exclusive production and distribution rights for the Linnaeus II software. The 'ETI Partner Licensee' hereby states that he/she will not alter, reproduce or distribute the Linnaeus II software in any form.
4. The 'ETI Partner Licensee' is aware of the fact that the information systems he/she creates with the Linnaeus II software cannot be reproduced, multiplied and/or distributed in any form without prior consulting ETI concerning software royalties and licences due on such products.
5. The 'ETI Partner Licensee' is aware of ETI's mission to build a World Biodiversity Database (WBD) with the help of international networks of taxonomists and in this way document the world's biological diversity and as taxonomic research tool. In consideration for the free use of the Linnaeus II software the 'ETI Partner Licensee' shall attempt to assist ETI in gathering and delivering data needed for completion of the WBD.
6. The 'ETI Partner Licensee' has the right to request ETI to produce a CD-ROM of the completed biological information system he/she creates in Linnaeus II. ETI will subsidize the production of such a CD-ROM under the condition that:
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a. the materials in the system may be subjected to a peer review procedure;
b. the 'ETI Partner Licensee' warrants in writing that all materials in the system are his/her's and that no copyrights or royalties are due to third parties;
c. the 'ETI Partner Licensee' grants ETI the right to publish and/or distribute on CD-ROM or other electronic media the data entered as such by him/her in the Linnaeus II software;
d. the 'ETI Partner Licensee' grants ETI the rights to publish in the WBD the data entered as such by him/her in the Linnaeus II software. ETI retains the right to refuse to produce a CD-ROM for reason of lack of quality, unsufficient data or contents, or when it is not in the line of its scientific mission. The 'ETI Partner Licensee' retains the right to use his/her data entered in Linnaeus II for any other purpose and in any other context. This sharing of copyrights warrants maximum distribution and use of the data.
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7. If and when a CD-ROM is produced based on a Linnaeus II information system created by the 'ETI Partner Licensee' as described above the 'ETI Partner Licensee' will receive five copies of this CD-ROM free of charge. In specific cases a royalty agreement for the data entered by the 'ETI Partner Licensee' in Linnaeus II and as such released on CD-ROM may form part of a special agreement between ETI and the 'ETI Partner Licensee'.
8. The 'ETI Partner Licensee' has the right to use the Linnaeus II software solely for purposes which are in accordance with this agreement. For use of the Linnaeus II software for any other purpose the 'ETI Partner Licensee' shall formally request permission from ETI. ETI has the right to deny this permission and retrieve the Linnaeus II software.
9. ETI will send to the 'ETI Partner Licensee' free of charge: updates on the Linnaeus II software package and, when published, a CD-ROM containing the complete Linnaeus II program covering the taxonomic group the Licensee delivered data on. All materials provided by ETI must be used in accordance with this agreement.
10. ETI will make available to the 'ETI Partner Licensee' upon request all other ETI CD-ROM products in the WBD CD-ROM series with an ETI-Partner discount of 20% off the retail price (excluding VAT).
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