CRAWDAD Data License

Dear Licensee:

Thank you (hereinafter referred to as “Licensee”) for your interest in obtaining and using materials from the CRAWDAD archive, hereinafter referred to as “Data” and any software tools that may be obtained from the CRAWDAD site from time to time (the “Tools”). CRAWDAD is the Community Resource for Archiving Wireless Data At Dartmouth, and is operated by Trustees of Dartmouth College (“Dartmouth College”).

Data Licensing Information:

Dartmouth College hereby grants Licensee a nonexclusive, nontransferable license to use the Data and Tools for any purpose, in each case subject to any applicable restrictions described in the last sentence of this paragraph. Licensee may not redistribute the Data or the Tools without the express written prior approval of Dartmouth College. Licensee acknowledges and agrees that other members of Licensee’s organization who wish to use the Data or the Tools must enter into a separate CRAWDAD User License with Dartmouth College. Licensee further acknowledges and agrees that Licensee shall be bound by, and shall comply with, any restrictions or other requirements set forth in any Data or Tools they download, including without limitation any metadata associated therewith.

Licensee agrees to respect the privacy of those human subjects whose wireless-network activity is captured by the Data and to comply with all laws applicable to Licensee’s use of the Data, including without limitation such applicable laws pertaining to the protection of personal information, security of data, and data breaches. Licensee agrees not to apply, adapt or develop algorithms for the extraction of the true identity of users and other information of a personal nature, which might constitute “personally identifiable information” or “protected health information” under any such applicable laws. In particular, Licensee agrees not to publish or otherwise disclose to any other person or entity any information that constitutes “personally identifiable information” or “protected health information” under any such applicable laws derived from the Data through manual or automated techniques.

Licensee acknowledges that CRAWDAD is a non-profit initiative established for the benefit of society at large. In addition to its obligations in the preceding paragraph, Licensee will endeavor to use the Data in an ethical and responsible way with the aim of doing no harm to any person or entity. At minimum, in connection with Licensee’s use of the Data, Licensee will comply with applicable professional codes of conduct and applicable requirements of institutional review boards or similar bodies with authority over Licensee’s use of the Data.

Licensee agrees to acknowledge the source of the Data or Tools in any publications or presentations reporting on Licensee's use of those Data or Tools. CRAWDAD provides specific citation information for each Tool and set of Data; Licensee shall acknowledge the source of the Data or Tool using this citation information.

Dartmouth College reserves the right to provide each provider of the Data or any Tools with aggregate statistical information regarding Licensee’s and/or other persons’ use of such provider’s Data or Tools.

Licensee acknowledges that Dartmouth College (i) has no obligation to continue to operate CRAWDAD or to maintain access to any Data or any Tools, (ii) has no obligation to provide Licensee with technical support, (iii) may remove any Data or any Tools from the CRAWDAD site at any time as it shall determine in its sole discretion, and (iv) may assign this license to any person or entity in connection with the transfer of the operations of CRAWDAD to such person or entity.

DARTMOUTH COLLEGE PROVIDES THE DATA AND THE TOOLS “AS IS” AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE DATA OR THE TOOLS, INCLUDING AS TO ITS ACCURACY OR COMPLETENESS OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. FURTHERMORE, IN NO EVENT SHALL DARTMOUTH COLLEGE, ITS TRUSTEES, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY THAT CONTRIBUTES DATA OR TOOLS TO CRAWDAD, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR PERSONAL INJURY OR DEATH, LOST PROFITS OR DAMAGES RESULTING FORM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, OR THE INABILITY TO USE, ANY DATA OR ANY TOOLS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY OF THE FOREGOING PERSONS OR ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Licensee agrees to indemnify, defend and hold harmless Dartmouth College, its trustees, officers, employees, and agents from and against any and all actions, suits, proceedings, demands, assessments, judgments, damages, liabilities (except for income and other applicable taxes), and expenses relating thereto, including without limitation, interest, penalties, attorneys' fees and expenses, and any amounts paid in settlement of any of the foregoing, incurred by any of them arising out of or relating any third party claim arising out of relating to any use of the Data or any Tools by Licensee or any person or entity to whom Licensee provides any Data or any Tools.

This license shall be interpreted and construed in accordance with the laws of the State of New Hampshire, United States of America. Licensee and Dartmouth College agree that the courts of competent jurisdiction of the State of New Hampshire, United States of America located in Grafton Court and the United States Federal District Court for the State of New Hampshire shall have exclusive jurisdiction over any proceeding or suit between them in law or equity arising from, or incident to, this Agreement and Licensee and Dartmouth College each hereby consents to the jurisdiction of such courts for such purpose.

Licensee hereby acknowledges that (i) no waiver of any provision of this license by Dartmouth College shall be valid or binding unless set forth in writing and duly executed by Dartmouth College and (ii) no failure by a Dartmouth College to exercise, and no delay by Dartmouth College in exercising, any right under this license will operate as a waiver of such right, nor will any single or partial exercise by Dartmouth College of any right hereunder preclude any future exercise of that right, or any other right, by Dartmouth College. This license constitutes the entire agreement of Licensee and Dartmouth College and supersedes any agreements, either oral or written, between them with respect to the subject matter hereof. If any term or condition of this license is determined to be invalid or unenforceable in whole or in part for any reason, this license shall be reformed to be valid and enforceable consistent with the intention of Licensee and Dartmouth College as expressed herein to the greatest extent permitted by law.

Licensee may direct questions or comments regarding CRAWDAD, including any reports of inability to access Data or Tools to CRAWDAD staff at crawdad.org/contact.html. Licensee’s acceptance and use of the Data or Tools binds Licensee to the terms and conditions of this License as stated here.