The
Lancaster Corpus of Mandarin Chinese
This
License Agreement is made between the user of the Lancaster Corpus of Mandarin
Chinese (hereafter referred to as LCMC or the Corpus) as contained on this CD as
the Licensee, and the Linguistics Department Lancaster University as the
Licenser,
WHEREAS the Licenser has
obtained permission from a number of text providers (hereinafter termed the Text
Providers) to include a sample of their texts in the Corpus, such texts or the
categories thereof being listed in the bibliographic section of the Manual
accompanying the Corpus, 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 bibliography, which end user may be
made up of academic researchers or researchers in commercial institutions, NOW
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
(a)
The "LCMC Texts" is a collection of written texts held on computer and
selected for use in language based research and development (hereinafter termed
the LCMC Texts).
(b)
The "LCMC Processed Material" is the LCMC Texts assembled into
consistent electronic format and enhanced with syntactic annotations by the
Licenser (hereinafter termed the LCMC Processed Material).
(c)
"The Licensee's Results" are the results of work performed by the
Licensee on the LCMC Processed Material in the course of research.
(a)
The Licenser hereby grants
according to the terms and conditions set out herein and in consideration of the
payments specified herein a non-exclusive, nontransferable License to the
Licensee to use the LCMC Processed Material for the purposes of linguistic
research and/or the development of language products.
(b) Distribution of the LCMC
Processed Material is restricted to the Licensee or in the event of the Licensee
being an organization, to the Licensee's research group. This group is defined
as consisting only of those Licensee's employees whom the Licensee authorizes to
perform the work using the LCMC Processed Material for the purposes described in
2a
(c)
(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 LCMC 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 LCMC 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 LCMC Processed
Material.
(d) The LCMC 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 LCMC 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 Licenser's copyright notice is reproduced on all copies or parts thereof of
the LCMC Processed Material. Any such copies will be deemed to be part of the
LCMC 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 LCMC Processed Material other than those permitted under the fair
dealings provision of copyright law.
(g)
The Licenser does not grant to
the Licensee any rights whatsoever to reproduce the LCMC Texts or use all or any
part of the LCMC Texts in commercial products or services in any way other than
would be permitted under the fair dealings provision of copyright law.
The
LCMC Corpus
is
distributed
free of charge for use in non-profit-making research.
The Licensee and all members
of its research group shall at all times exercise professional care and judgment
to avoid violation of this Agreement and shall inter alia:
(a) maintain an up-to-date
written record of all copies of the LCMC Processed Material distributed and/or
created under this Agreement, and of their location, and upon request and
without delay produce such record to the Licenser,
(b) regularly check on the
status and use of the LCMC Processed Material,
(c) make use of file
protection and other data security measures to prevent insofar as possible all
and any unauthorized access,
(d) without prejudice to the
foregoing take all such other steps necessary to protect the intellectual
property rights of the Licenser and/or the Text Providers, and
(e) generally maintain ongoing
interest and involvement in the use and distribution of the LCMC 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 LCMC
Processed Material is erased from active computer files, or otherwise to protect
it until such time as the project becomes active again.
(a) The Licenser gives no
warranties and makes no representation that the LCMC 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 Licenser.
(b) The Licenser accepts no
responsibility for any technical limitations of the LCMC Processed Material.
(c) The Licenser does not
warrant that the operation of any software supplied with the LCMC Processed
Material will be uninterrupted or free from errors.
(d) In no circumstances will
the Licenser 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 Licenser shall accept no liability whatsoever in connection with any damage
to the tangible property of the Licensee resulting from the negligence of the
Licenser, its employees, agents or sub-contractors.
All
rights in the LCMC Processed Material, including copyright, which are not
granted to the Licensee in this Agreement, are retained by the Text Providers.
(a) The Licenser may terminate
the License forthwith if the Licensee commits any material breach of this
Agreement.
(b) This License 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 LCMC Processed Material. A
duly authorized officer of the Licensee shall verify in writing to the Licenser
that the Licensee has complied with this obligation.
These terms will be governed
by English law and English courts will have sole jurisdiction.
Headings to the Clauses hereof are for guidance only and are not to be taken into account in the construction of this Agreement.