Terms and conditions

Monash University (ABN 12 377 614 012) (“University”) maintains a digital repository (“Repository”) in which it stores and makes available various works via the Internet or other electronic means.

By submitting material for the Repository (“Work”) the person(s) submitting the Work (“Depositor”) agree to the following terms and conditions.

TERMS OF LICENCE

Grant of rights to the University

1.         The Depositor grants to the University a cost-free, worldwide, non-exclusive right to store, use, reproduce, adapt, and where explicitly permitted by the Depositor publish, distribute and communicate to the public:

(a) the Work for the purposes of:

  • making the Work (as may be modified for the technical operation or organisation of the Repository) available for access in or through the Repository under the terms of access chosen by the Depositor; and
  • modifying the Work as required for the technical operation or organisation of the Repository;
  • making and keeping copies of the Work for security, back-up, archives and preservation; and

(b) the information submitted by the Depositor relating to the Work (“Metadata”) to promote access to the Work in or through the Repository.

Representations and warranties of Depositor

2.         The Depositor represents and warrants for the duration of this Licence, as follows:

(a) the Depositor is the owner/s of copyright in the Work or has the authority of the owner/s of copyright in the Work to deposit the Work in the Repository on the terms of this Licence and agree to this Licence;

(b) the Depositor has the right to grant the rights contained in this Licence to the University.

(c) the storage, use, reproduction, adaptation, publication, distribution or communication of the Work or Metadata by the University in accordance with this Licence, will not:

  • infringe the copyright, moral rights or other intellectual property rights of any person;
  • breach any laws relating to privacy or infringe the privacy, confidentiality or other rights of any person;
  • be contrary to or in breach of any laws, including, but not limited to, those relating to defamation, obscenity, contempt and blasphemy;
  • cause the Depositor or the copyright owner/s of the Work to be in breach of any agreement (including any publishing agreement);

(d) If the Work or Metadata contains material for which the Depositor does not own the copyright, the Depositor has:

  • obtained all necessary permissions from the copyright owner/s to include the material in the Work and/or Metadata to enable the Work and/or Metadata to be dealt with as authorised by this Licence; and
  • clearly identified and acknowledged all third-party owned copyright materials within the content of the Work or the Metadata.

(e) If the Work is based upon work that has been sponsored or funded by an agency or organisation other than the University, all rights of review or other obligations required of the creators or authors of the Work under the contract or agreement with that agency or organisation, have been fulfilled.

Termination and removal of Work

3.         The University may at any time immediately and without notice, terminate this Licence or suspend access to the Work, upon the occurrence of any of the following events:

(a) if a claim is made that the Work contains or describes research that has been falsified or produced as a result of fraudulent or deceptive actions by any person;

(b) if a claim is made that the Work or Metadata infringes the legal rights of any third party;

(c) if any of the matters referred to in clause 2 are or become incorrect or untrue;

(d) if a claim is made that the Work or Metadata contains offensive, defamatory, confidential or culturally sensitive information.

4.         The Depositor may terminate this Licence by giving the University written notice of termination.  Such termination shall take effect 7 days after receipt of the notice of termination.

5.         If this Licence is terminated, the University:

(a) will remove the Work from the Repository within 7 days of termination;

(b) may retain the Metadata and allow access to it;

(c) retain a copy or copies of the Work for archival purposes.

Liability

6.         The University shall not be responsible for any mistakes, omissions or legal infringements in the Work or the Metadata.

End-Users

7.         Unless the Depositor specifies otherwise, the University will be entitled to authorise any person accessing the Work in or through the Repository (“End-User”) to reproduce the Work for personal non-commercial use.  If End-Users are to have other rights with respect to the Work, the Depositor must specify in the Metadata precisely what those rights are.  See attached End-Users Annexes.

8.         The University shall not be responsible for how any End-User deals with the Work and is under no obligation to take any action on behalf of the Depositor and/or the copyright owner/s if an End-User deals with the Work in a way that is not authorised or that infringes any person’s rights or for any other reason.

No derogation of other rights

9.         For the avoidance of doubt, this Licence does not exclude, limit or modify any rights available to the University or End-Users under relevant copyright laws, including, but not limited to, fair dealing and educational use rights.

Governing Law

10.       This Licence is governed by the laws of the State of Victoria, Australia.

End-User Annex - Creative Commons Licenses

Monash University recommends that depositors use a license to manage reuse of their works by End-Users.  The Creative Commons licenses provide a template of common options that maximise reuse by others and protect your Intellectual Property.  For more information about Creative Commons licenses. http://creativecommons.org/licenses/

Attribution
CC BY

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.

Attribution-ShareAlike CC BY-SA

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to "copy left" free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

Attribution-NoDerivs CC BY-ND

This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

Attribution-NonCommercial
CC BY-NC

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don't have to license their derivative works on the same terms.

Attribution-NonCommercial -ShareAlike
CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

Attribution-NonCommercial-NoDerivs
CC BY-NC-ND

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can't change them in any way or use them commercially.

Descriptions of v4.0 licenses reproduced from http://creativecommons.org/licenses/