- Selection of Questionnaires and Tools-
1 DEFINITIONS
a. Work: creation protected by copyright (copyright, rights in the nature of copyright and sui generis rights in databases) made available according to the terms of the present LICENCE including any download of the database “plateforme SeleQT” (SeleQT platform) performed by the LICENSEE by means of access codes.
b. Licensee: the physical or legal person or persons or entities that have read, understood and accepted the terms of the present LICENCE by downloading the WORK thereby benefiting from the rights granted under the LICENCE.
c. Licensor: the University of Lorraine which has made the WORK available to the public according to the terms of the present LICENCE.
d. Author of the initial rights: in the case of a literary or artistic work, the AUTHOR means the natural person or persons or entities that created the WORK.
e. Right to reproduce the WORK comprises: the right to describe, to reproduce directly, by any technical means on any medium (inter alia photographic, paper, digital, electronic, visual/optical, etc.) and in any format known or unknown at the date of the signature of the Contract, the Work in whole or in part and the right to make, in any number, all originals, copies, doubles, on any medium, in any format and by any means of describing the work, solely for the purposes of single or multiple institutional research projects.
f. Right of use comprises: the right to use the WORK on a personal basis, gratuitously and solely for research purposes.
2 SCOPE OF THE LICENCE
By the present LICENCE, the LICENSOR grants the LICENSEE the non-exclusive right to reproduce and use the WORK solely for research and non-commercial purposes. Any reproduction and use shall be made only in an identical form: the present LICENCE does not therefore grant the right to modify/adapt the WORK or the right to incorporate any part of the WORK in a secondary work. For every use that is made of the WORK, the LICENSEE shall give notice thereof to the LICENSOR by means of a form specifying the objectives of the research project in which the WORK is be used, which shall be capable of being consulted following secure access (username and password) on the website developed for that purpose by the LICENSOR and also by requesting the LICENSEE to inform the AUTHOR of the WORK thereof, to cite the AUTHOR of the WORK and the LICENSOR in the event of the publication of the results of the research using the WORK and to comply with the legal framework in force concerning research using the WORK, inter alia, obtaining the relevant authorisations where individual data from the WORK is collected and processed automatically.
3 LIMITATIONS
Any use of the WORK not provided for in Article 2 is prohibited. On that basis, inter alia, the use of the WORK for commercial purposes, the representation of the WORK and the further transfer of the WORK to any third party is prohibited. The LICENSEE is prohibited from modifying and/or adapting the WORK.
4 MORAL RIGHTS
The LICENSEE undertakes to respect the moral rights that the AUTHOR OF THE INTIAL RIGHTS and the LICENSOR hold in the WORK and, for every representation of the WORK, undertakes to identify the names of the AUTHOR OF THE INTIAL RIGHTS and the LICENSOR.
5 WARRANTY
SUBJECT TO WRITTEN STIPULATION BY THE PARTIES TO THE CONTRARY AND TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE LICENSOR SHALL MAKE THE WORK AVAILABLE TO THE LICENSEE IN ITS PRESENT FORM WITHOUT ANY DECLARATION OR WARRANTY OF ANY FORM, WHETHER EXPRESS, IMPLIED, STATUTORY OR A WARRANTY OF ANY OTHER DESCRIPTION. NO WARRANTY IS MADE, INTER ALIA, CONCERNING THE CONFORMITY OF THE WORK OR DEFECTS IN IT, WHETHER APPARENT OR HIDDEN.
Subject to warranties of public policy (ordre public) imposed by the applicable law, the LICENSOR shall not, under any circumstances, be considered liable to the LICENSEE for any loss resulting from the performance of the present LICENCE or from the use of the WORK, including in the event that the LISENSOR knew of the possibility of that loss, neither on the basis of any legal doctrine nor of any loss whether direct, indirect, pecuniary or non-pecuniary
6 DURATION AND TERMINATION
a. Subject to the following conditions, the present LICENCE is granted for the entire duration of the copyright in the work. Nevertheless, the LICENSOR reserves the right to use the WORK by granting another licence in it at any time or to end its distribution at any time. However, that decision may not lead to that LICENCE (or any other licence which is granted or is to be granted in accordance with the present LICENCE) being withdrawn in that the LICENCE will continue to apply to its full extent unless it is terminated under the following conditions.
b. Any infringement by the LICENSEE of the terms of this LICENCE will result is its immediate termination and an end to all rights arising from the LICENCE.
7 LEGAL PROCEEDINGS AND APPLICABLE LAW
The present LICENCE is governed by French law. In the event of difficulties with regard to the interpretation or performance of the LICENCE, the PARTIES shall resolve to settle any disagreement out-of-court. Should any disagreement persist, proceedings shall be brought before the appropriate French courts.