The EMILLE Corpus
This
Licence Agreement is made between the user of the EMILLE Corpus of the One
Part, and the EMILLE Consortium of the Other Part,
WHEREAS
the EMILLE Consortium has been created by a consortium of The University of Lancaster,
The University of Sheffield and the Central Institute of Indian Languages,
Mysore,
WHEREAS
the EMILLE Consortium has obtained permission from a number of text providers
(hereinafter termed the Text Providers) to include a sample of their texts in the
EMILLE Corpus, such texts or the categories thereof being listed in Appendix 1
to this Agreement, and
WHEREAS
the Licensee is the end user in the manner detailed herein of the texts and/or
the categories thereof listed in the said Appendix 1, which end user may be
made up of academic researchers or researchers in commercial institutions, and
WHEREAS
the Text Providers have empowered the EMILLE Consortium under a separate
agreement to grant a non-exclusive licence to the Licensee as detailed herein, NOW
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1 Definitions
(a)
The "EMILLE Texts" is a collection of spoken and written texts held
on computer and selected for use in language based research and development
(hereinafter termed the EMILLE Texts).
(b)
The "EMILLE Processed Material" is the EMILLE Texts assembled into
consistent electronic format and enhanced with syntactic and/or semantic
annotations by the EMILLE Consortium (hereinafter termed the EMILLE Processed
Material).
(c)
"The Licensee's Results" are the results of work performed by the
Licensee on the EMILLE Processed Material in the course of research.
2 Terms of the Licence Granted to the Licensee
(a)
The EMILLE Consortium hereby grants according to the terms and conditions set
out herein and in consideration of the payments specified herein a
non-exclusive, nontransferable Licence to the Licensee to use the EMILLE
Processed Material for the purposes of linguistic research and/or the
development of language products.
(b)
Distribution of the EMILLE Processed Material is restricted to the Licensee or
in the event of the Licensee being an organisation, to the Licensee's research
group. This group is defined as consisting only of those Licensee's employees
whom the Licensee authorises to perform the work using the EMILLE Processed
Material for the purposes described in 2a.
(c)
Members of the said research group must not, except as herein provided, copy,
publish or otherwise give to any third party access to the whole or any part of
the EMILLE Processed Material. It is the responsibility of the Licensee to
ensure that the members of the said research group understand and abide by this
restriction, and to supervise their activities with respect to the EMILLE
Processed Material. Neither the Licensee nor members of the Licensee's said
research group may assign, transfer, lease, sell, rent, charge or otherwise
encumber the EMILLE Processed Material.
(d)
The EMILLE Processed Material may be installed at the place or places of work
of the said research group. The place of work is defined as the computing
systems that the members of a research group normally use to conduct their
research activities. It can include both work and home computers, and is not
restricted to a particular machine or building.
(e)
Copies of the EMILLE Processed Material may be made for backup purposes, or for
the purposes of making data available to members of the research group but the
Licensee shall ensure that the EMILLE Consortium's copyright notice is
reproduced on all copies or parts thereof of the EMILLE Processed Material. Any
such copies will be deemed to be part of the EMILLE Processed Material.
(f)
There is no restriction on the use of the Licensee's Results except that the
Licensee may not publish in print or electronic form or exploit commercially in
any form whatsoever any extracts from the EMILLE Processed Material other than
those permitted under the fair dealings provision of copyright law.
(g)
The EMILLE Consortium does not grant to the Licensee any rights whatsoever to reproduce
the EMILLE Texts or use all or any part of the EMILLE Texts in commercial
products or services in any way other than would be permitted under the fair
dealings provision of copyright law.
3 Payment
The
EMILLE Corpora are
distributed
on a non-profit making basis.
4 Requirement to Exercise Professional Care
The
Licensee and all members of its research group shall at all times exercise
professional care and judgement to avoid violation of this Agreement and shall
inter alia:
(a)
maintain an up-to-date written record of all copies of the EMILLE Processed
Material distributed and/or created under this Agreement, and of their
location, and upon request and without delay produce such record to the EMILLE
Consortium,
(b)
regularly check on the status and use of the EMILLE Processed Material,
(c)
make use of file protection and other data security measures to prevent insofar
as possible all and any unauthorised access,
(d)
without prejudice to the foregoing take all such other steps necessary to
protect the intellectual property rights of the EMILLE Consortium and/or the
Text Providers, and
(e)
generally maintain ongoing interest and involvement in the use and distribution
of the EMILLE Processed Material as provided for herein.
If
the research project becomes inactive (for example, if a researcher changes
employment or takes a sabbatical leave), the Licensee must ensure that the
EMILLE Processed Material is erased from active computer files, or otherwise to
protect it until such time as the project becomes active again.
5 Limitation of Liability
(a)
The EMILLE Consortium gives no warranties and makes no representation that the
EMILLE Processed Material will be suitable for any particular purpose, or for
use under any specific conditions, notwithstanding that such purpose or
conditions may have been notified to or to otherwise be known to the EMILLE
Consortium.
(b)
The EMILLE Consortium accepts no responsibility for any technical limitations
of the EMILLE Processed Material.
(c)
The EMILLE Consortium does not warrant that the operation of any software
supplied with the EMILLE Processed Material will be uninterrupted or free from
errors.
(d)
In no circumstances will the EMILLE Consortium be under any liability to the
Licensee for loss of profits, goodwill or any kind of consequential losses of
any nature even if such loss was foreseeable.
(e)
The EMILLE Consortium shall accept no liability whatsoever in connection with
any damage to the tangible property of the Licensee resulting from the
negligence of the EMILLE Consortium, its employees, agents or sub-contractors.
6 Rights reserved
All
rights in the EMILLE Processed Material, including copyright, which are not
granted to the Licensee in this Agreement, are retained by the Text Providers.
7 Termination
(a)
The EMILLE Consortium may terminate the Licence forthwith if the Licensee
commits any material breach of this Agreement.
(b)
This Licence shall automatically terminate if and when a supervisor, receiver,
administrative receiver or other encumbrancer takes possession of, or is
appointed over the whole or any substantial part of, the Licensee's assets; or
if and when the Licensee enters into any arrangement with or for the benefit of
its creditors (including any voluntary arrangement under the Insolvency Act,
1986).
On
termination howsoever caused the Licensee shall erase all copies of the EMILLE
Processed Material. A duly authorised officer of the Licensee shall verify in
writing to the EMILLE Consortium that the Licensee has complied with this
obligation.
8 Jurisdiction
These
terms will be governed by English law and English courts will have sole
jurisdiction.
9 Headings
Headings
to the Clauses hereof are for guidance only and are not to be taken into
account in the construction of this Agreement.
Appendix 1
The
Texts contained within the EMILLE Corpora which form the subject of this
agreement are:
กค all those samples of
published and unpublished texts in which the Text Providers own rights
กค all those samples of
published or unpublished texts collected and processed by the EMILLE Consortium
for inclusion in the Corpus in which no rights have been specified
A
full catalogue of the texts constituting the Corpus, specifying the owner or
publisher in each case, will be supplied with it.