Terms and Conditions Terms and Conditions 1 *
1. Provider shall provide the data set described above (the “Data”) to the Recipient for the purpose of academic research. The Data must not be used for commercial purposes. Provider shall retain ownership of any rights it may have in the Data, and Recipient does not obtain any rights in the Data other than as set forth herein.
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2. Recipient must be a faculty member or graduate student at an academic institution.
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3. Recipient shall not use the Data except as authorized under this Agreement. The Data shall be used solely to conduct academic research, and solely by Recipient and Recipient’s “Collaborator Personnel”, who are defined as faculty, employees, fellows, or students of an academic institution, who have agreed to collaborate with the Recipient on his/her research and have been made aware of the terms of this Agreement and agree to comply with such terms.
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4. Except as authorized under this Agreement or otherwise required by law, Recipient agrees to retain control over the Data and shall not disclose, release, sell, rent, lease, loan, or otherwise grant access to the Data to any third party, except Collaborator Personnel. Recipient agrees to establish appropriate administrative, technical, and physical safeguards to prevent unauthorized use of or access to the Data.
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5. Recipient agrees to use the Data in compliance with all applicable laws, rules, and regulations, as well as professional standards applicable to such research.
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6. Recipient is encouraged to make publicly available the results of the research.
7. Recipient agrees to recognize the contributions of the Provider and the producers of the original data as the source of the Data in all written, visual, or oral public disclosures concerning Recipient’s research using the Data. The following article shall be cited:
Yackee, Jason Webb and Susan Webb Yackee. “The American State Administrators Project: A New 50-State, 50-Year Data Resource for Scholars.” Public Administration Review, Forthcoming.
Recipient also agrees to acknowledge the following people and institutions that were pivotal to the execution of ASAP over time as follows:
“We gratefully acknowledge the contributions of Professor Deil Wright, the Earhart Foundation of Ann Arbor Michigan, and the University of North Carolina, Chapel Hill; Professor Cynthia Bowling, Professor Theodore Arapis, and Auburn University; Professor Susan Webb Yackee and the University of Wisconsin-Madison; and the dozens of students and colleagues who drafted questions and collected data across the years.” Terms and Conditions 7 * Terms and Conditions 8 *
8. Except as provided below or prohibited by law, any Data delivered pursuant to this Agreement is understood to be provided “AS IS.” PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRENTEES OF MECHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE USE OF THE DATA WILL NOT INFRINGE ANY PATENT, COPYWRIGTH, TRADEMARK, OR OTHER PROPERTY RIGHTS. Notwithstanding, Provider, to the best of its knowledge and belief, has the right and authority to provide the Data to Recipient for use in their research.
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9. After the Data Transfer and Use Agreement has been approved, Provider shall transmit the Data to the Recipient via a password protected website. Provider shall provide the data in the form of a Stata Dataset. Provider shall also provide a codebook online that supplies more information about the ASAP data and provides the coding rules for each variable. Provider is otherwise not available to assist the Recipient in understanding the Data structure (e.g. variables, code list, etc.) or to answer any questions about the Data. However, if Recipient uncovers potential errors in the data, then Recipient may alert Professor Susan Webb Yackee (firstname.lastname@example.org) by email.
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10. Except to the extent prohibited by law, the Recipient assumes all liability for damages which may arise from its use, storage, disclosure, or disposal of the Data. The Provider will not be liable to the Recipient for any loss, claim, or demand made by the Recipient, or made against the Recipient by any other party, due to or arising from the use of the Data by the Recipient. No indemnification of any loss, claim, damage, or liability is intended or provided by either party under this Agreement.
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11. Recipient shall protect the confidentiality of all survey respondents. Recipient shall not use the Data, either alone or in concert with any other information, to make any effort to identify (or contact) individuals who are or may be the sources of Data. Recipient shall not use the Data for investigation of a specific research subject or a specific state agency in which a research subject was or is employed.
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12. Recipient shall only publish results in aggregate form. Recipient shall not publish the Data or any results from the Data that identify a specific research subject or a specific state agency in which a research subject was or is employed. Further, Recipient agrees to not release or disclose information where the number of observations in any given cell or tabulated data is less than or equal to 10.
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13. By signing this Agreement, Recipient provides assurances that relevant institutional policies and applicable federal, state, or local laws and regulations (if any) have been followed, including the completion of any IRB or ethics review or approval that may be required.
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14. Unless otherwise specified, this Agreement embodies the entire understanding between Provider and Recipient regarding the transfer of the Data to Recipient for the Project.
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15. The Recipient expressly represents and affirms that the contents of any statements made herein are truthful and accurate and that the individual submitting this request is duly authorized to agree to this Agreement and bind the Recipient.
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16. This Agreement shall expire three (3) years after the date that the Data is provided to the Recipient. After that point, the Recipient shall not use the data further under this Data Transfer and Use Agreement. Either party may terminate this Data Transfer and Use Agreement upon thirty (30) days written notice. Upon such termination, Recipient shall return or destroy any and all copies of Data in Recipient’s possession.
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17. Any violations of this Agreement may include the following sanctions to the Recipient: revocation of the existing use agreement and a demand for the return or destruction of the data in question; reporting to a research integrity office, institutional review board, or other relevant party at the Recipient’s institution; reporting to the Federal Office for Human Research Protections; investigation of the Recipient institutions and institution-wide sanctions; and court awarded payment of damages to any individual or organization harmed by the Recipient’s breach of this Agreement.
By clicking this button, I certify that I am authorized to accept these terms and conditions on behalf of the Faculty Recipient’s Institution and that any violations of this Agreement reside exclusively with the Faculty Recipient and the Recipient’s Institution. If UW-Madison later determines that I am not authorized to sign, UW-Madison shall be permitted to terminate this agreement, demand return and or destruction of any and all copies of the data currently in the possession of the Recipient Institution, and prohibit further sharing of data with the Recipient Institution from UW-Madison.
Work Contact Information
Professor Susan Webb Yackee
La Follette School of Public Affairs
1225 Observatory Drive
Madison, WI 53706
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FACULTY RECIPIENT IF DIFFERENT FROM THE AUTHORIZED RECIPIENT (LISTED ABOVE) Faculty Recipient Name
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