End-User License Agreement on the use of Katunog Website and its Assets
Non-exclusive License between Department of Science and Technology - Advanced Science and Technology Institute (DOST-ASTI), University of the Philippines (UP), and the END-USER for the use of the website, data, assets, and any other information from Philippine Indigenous Instrument Sounds Database Project, also known as KATUNOG, for research and development applications, academic use, and for other non-commercial purposes.
DOST-ASTI and UP are willing to license the use of its PROJECT ASSETS that will be made available to the END USER under this Agreement provided that the END USER accepts all the terms and conditions for their fair use. The primary ASSETS may be accessed via the KATUNOG website or can be transferred and stored in a tangible medium such as CDs, flash drives, and the like if such data are considered unclassified ASSETS.
BY USING THIS WEBSITE, ITS ASSETS, AND INFORMATION, THE END-USER ACKNOWLEDGES THAT THEY HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS PROVIDED IN THE FOLLOWING SECTIONS:
I. Definition of Terminologies
Throughout this Agreement, the following shall apply:
1. “END-USER” means the person, legal business entity, public entity or any other legal entity which obtains the ASSETS from the PROJECT or its distributor and is considered to have accepted the terms of this Agreement. Unless otherwise agreed upon by the DOST- ASTI and UP in writing and in advance, wherein PROJECT ASSETS are supplied to a public entity, the END-USER is deemed to be only part of such public entity as specified at the address to which the ASSETS are supplied.
2. “PROJECT” means the Development of the Philippine Indigenous Sounds Database Project undertaken by the UP Electrical and Electronics Engineering and the DOST-ASTI, and funded by the Department of Science and Technology.
3. “PROJECT ASSET/S or the ASSET/S” in this context includes but is not limited to photographic works (analog or digital), digital images, audiovisual works, sound recordings and musical works, and their derivatives, acquired by the PROJECT.
4. “CLASSIFIED ASSETS” are PROJECT ASSETS not posted in KATUNOG, which are affected by financial and proprietary interests, privacy, confidentiality, indigenous rights, and conservation of sensitive ecological, natural, archaeological, or cultural resources.
5. “ACADEMIC USE” means for educational, research, non-commercial use of which purpose has societal and economic impact.
6. “COMMERCIAL USE” means the production, reproduction, distribution, redistribution, retransmission, sale, offer to sell, and/or marketing of the ASSET/S for profit or fees, that includes but is not limited to advertising, use in marketing and promotional materials and services on behalf of a customer, client, employer, employee or for your own benefit, use in any materials or services for sale or for which fees or charges are paid or received (e.g., textbook supplemental materials, books, syllabi, course packs, etc.), use in any books, news publication or journal without an educational purpose, or any similar or related activity that makes use of the ASSETS.
7. “KATUNOG” refers to the website which is the primary authority of the PROJECT for providing access to the ASSETS. It oversees Asset management and control.
II. Terms of Conditions
A. Accessing the Publicly Released ASSETS from KATUNOG
All unclassified ASSETS are available electronically and may be downloaded. It shall be made available to everyone, including foreigners and private companies, under the condition that they do not sell the ASSETS.
B. Commercial exploitation or purpose, production, reproduction, distribution, redistribution, retransmission, sale, offer to sell and/or marketing of the PROJECT ASSETS in any means which will generate any kind of profit, or in any analogous circumstances, is not allowed without any prior formal written consent from DOST-ASTI and UP, specifically;
1. The END-USER must not use any PROJECT ASSETS in any manner or any form, for profit, fee or commercial gain;
2. The END-USER must not use any PROJECT ASSETS in any manner or form of advertising, promotion, or marketing for monetary benefit;
3. The END-USER must not make copies of or reproduce the ASSETS except for backup purpose;
4. The END-USER must not provide or transfer the ASSETS to a third party for any purpose;
5. The END-USER must not delete, obscure, remove or alter any copyright notice that is contained in or attached to the ASSETS;
6. The END-USER must not use any PROJECT ASSETS in any manner or form of advertising, promotion, or marketing on behalf of a customer, client, employer, or for their own benefit; and
7. The END-USER must not use any PROJECT ASSETS in any manner, form, or material, for sale or for a fee (e.g., textbook supplemental materials, books, syllabi, course packs, and written materials).
C. In cases wherein, the PROJECT ASSETS are used for free, non-profit or non commercial purposes, or for public dissemination, or in any analogous circumstances, DOST-ASTI and UP should be recognized properly as the source of the PROJECT ASSETS.
1. The END-USER must not use the PROJECT ASSETS in any book, news, publication, journal, or any other printed material, for academic, research, non-commercial, or public good purposes, without proper attribution to DOST-ASTI and UP through the use of proper citation/bibliography as specified in Section III.D.1.
2. The END-USER must not use the PROJECT ASSETS on any website, social media platform, or any other forms of media accessible to the public, without the proper citation of the source or copyright markings as provided in Section III.D.1. of this Agreement.
3. The END-USER shall give the DOST- ASTI and UP a final copy of, or an access to the information, study, activity, and other similar output, where the PROJECT ASSETS were used, regardless of the termination of this Agreement, such as thesis, annual reports, publications, news articles, scientific journals, and others.
E. PROJECT ASSETS as an Attachment or Integral Part of a Research or Academic Project/Activity/Output
1. Any PROJECT ASSETS provided by DOST-ASTI and UP can be used for research, scientific studies, and/or academic purposes.
2. The use and/or attachment of the PROJECT ASSETS in any educational publication, research paper, and the like must properly be attributed as mentioned in Sections II.B.8. and III.D.1.
F. The CLASSIFIED ASSETS may be obtained by the END-USER by submitting a written request addressed to the head of DOST-ASTI. The contact details of the END-USER must be included in the request. However, the PROJECT does not guarantee the delivery of these CLASSIFIED ASSETS.
G. Project Collaborations
DOST-ASTI and UP are open and willing to collaborate with other institutions, agencies, entities on projects for the utilization of the KATUNOG and the PROJECT ASSETS, subject to the rules and regulations provided in this Agreement, or through the execution of a research collaboration agreement.
III. Granting of License to Use the PROJECT ASSETS to END-USERS
Subject to the terms and conditions of this Agreement, DOST-ASTI and UP grant the END-USER a Non-exclusive, Non-Transferable license to use the PROJECT ASSETS for internal use, demonstration, educational purposes, and as provided by the following:
A. Posting of PROJECT ASSETS on END-USER'S own website and other online platforms
The PROJECT ASSETS that will be posted on END-USER’s website or any online platform must have proper attribution, or copyright markings, and appropriate disclaimers as provided in Section III.D.1.
B. Data Sharing During Project/Study/Research Collaborations
1. The sharing of data in project/study/research collaborations is governed by the same terms and conditions of this Agreement. The PROJECT ASSETS will be used solely for the purpose it was intended to be used.
2. The END-USER and any other organization or entity involved in the data request to use the PROJECT ASSETS shall each enter into an End-User License Agreement with DOST-ASTI and UP.
3. The sharing of data in project collaborations should not violate any of the provisions under Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012.”
C. Reproduction of the PROJECT ASSETS
1. The END-USER may reproduce the PROJECT ASSETS for internal use within the END- USER’S organization if it is not tagged with restrictions due to privacy and security constraints.
2. The publication of the PROJECT ASSETS in research reports, journals, trade and scientific papers and presentations must be in a secure format that can only be printed or viewed.
3. In instances where the PROJECT ASSETS have metadata, the END-USER is prohibited from manipulating the same.
D. Copyright Format of the PROJECT ASSETS
1. All of the PROJECT ASSETS or derivative works must conspicuously display the copyright notice as: “Philippine Copyright <Year of Publication/data was created/produced> by DOST-ASTI and UP” (e.g., “Philippine Copyright 2019 by DOST-ASTI and UP).
2. Any applicable format citation can be used (e.g., APA, Chicago, MLA).
IV. Absolute Prohibition on the Use of the PROJECT ASSETS
This Agreement recognizes, and the END-USER agrees, that the PROJECT ASSETS are exclusive property of DOST-ASTI and UP and contain valuable assets and proprietary information. Accordingly, the following are strictly prohibited:
1. Use the PROJECT ASSETS or derivative works for any purpose not permitted under this Agreement;
2. Alter or remove any copyright notice contained in or on the PROJECT ASSETS;
3. Commit any act that infringes upon the copyright and other intellectual property rights of DOST-ASTI and UP on the PROJECT ASSETS;
4. Claim ownership, right, or any interest in and to the PROJECT ASSETS; and Use the PROJECT ASSETS in violation of or contrary to law, good morals, good customs, public policy, and public safety.
V. Data Sharing Policy and Intellectual Property Ownership of the PROJECT ASSETS
The PROJECT ASSETS and all intellectual property rights therein and thereto are exclusive property of DOST-ASTI and UP. The ownership and utilization of the intellectual property under this Agreement shall be governed by Republic Act No. 10055 or the “Philippine Technology Transfer Act of 2009”, and its Implementing Rules and Regulations, as amended, and the DOST Intellectual Property Policies.
The Department of Science and Technology Data Sharing Policy, adopted through the DOST Administrative Order No. 003 Series of 2015, advocates the access and sharing of all research output and requires research data arising from DOST funded programs and projects to be accessible to the public in a timely and responsible manner keeping in mind the protection of the Intellectual Properties.
VI. Termination of Agreement
DOST-ASTI may terminate the End-user License Agreement effective immediately, upon discovery of breach of any provision in this Agreement. Upon termination, ALL Rights granted to the END-USER shall immediately cease. Further, the END USER will instantly:
1. Discontinue the use of the PROJECT ASSETS;
2. Delete all the PROJECT ASSETS, including all copies or reproductions thereof; and
3. Submit to DOST-ASTI and UP a written certification that the aforementioned conditions have been followed. Failure to do so will be dealt with accordingly pursuant to existing laws and regulations.
VII. Limitations of the PROJECT ASSETS Provided
A. Availability and Scope of the PROJECT ASSETS
1. The PROJECT ASSETS to be provided shall be limited to whatever DOST-ASTI and UP currently have during the time of access to the website or in case of CLASSIFIED ASSETS, during the time of request.
2. The CLASSIFIED ASSETS to be provided shall be limited to the details written on the END-USER's letter of request. Should the END-USER need additional CLASSIFIED ASSETS, another request shall be required from the END USER.
B. Non-Liability on the Use of the PROJECT or CLASSIFIED ASSETS Provided
1. DOST-ASTI and UP shall not be held liable for any form of damages, including incidental, consequential, special, exemplary, or indirect damages (including lost profit and data) or any party that may suffer as a result of using the ASSETS, arising from or relating to this Agreement, and to the use of the ASSETS provided.
2. The PROJECT does not warrant the quality of the ASSETS, i.e. the ASSETS distributed are free of bugs, errors, defects, or omissions.
3. The PROJECT does not warrant the ASSETS’ merchantability and the fitness for particular purpose of the END-USER.
4. The PROJECT does not warrant that the ASSETS meet the expectations and requirements of the END-USER.
5. The PROJECT disclaims any responsibility for non-fulfillment or delay caused by events beyond its reasonable control.
VIII. Modification of this Agreement
The PROJECT reserves the right to modify this Agreement if the PROJECT deems that it is necessary. In this case, the modified version of this Agreement shall supersede the original Agreement. In case of modification of this Agreement, the PROJECT will announce the modified version of this Agreement on its website and will not notify or explain to each END-USER individually.
IX. Miscellaneous Terms
1. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions shall continue to be in full force and effect.
2. This Agreement shall contain the entire agreement between the END-USER and DOST-ASTI and UP on the subject matter and supersedes all the previous agreements or understanding in respect of that subject matter.
3. The failure or delay by DOST-ASTI and UP to exercise its rights under this Agreement shall not constitute a waiver of the terms of this Agreement, and it may demand exact compliance with the terms hereof. Waiver by DOST-ASTI and UP of any particular default committed by the END-USER shall not constitute a waiver of any subsequent default which may be the same or different in nature.
4. All disputes which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in Quezon City, Philippines in accordance with the Commercial Arbitration Rules of the Philippines Dispute Resolution Center. The award shall be final and binding upon both parties. Judgment upon the award may be entered in any court having jurisdiction thereof.
5. If there is any doubt arising from the contents of this Agreement, the END USER shall consult such matter with the DOST-ASTI and UP and follow its instruction.