Licensing Agreement
This Agreement is entered into between:
Party A: (China) Yunnan University (Data Provider)
Party B: The organization or individual who has been granted a license under this Agreement (Data User)
Party A is the legal owner of the relevant data of the "Multimodal Psychological Health Analysis Dataset". After friendly negotiation, Party A and Party B have reached the following agreement on Party A's authorization of Party B to use the above-mentioned relevant data in accordance with relevant Chinese laws.
1. Scope of Data Use
1.1 Party B may only use the data within the scope defined in this Agreement;
1.2 Party B is limited to using the authorized data within the scope of this unit (this unit is limited to an organization with independent legal personality as the user) and shall not extend the use of the authorized data to its affiliated systems and other units at the superior, subordinate or same level;
1.3 Party B shall not provide the data to any third party; Party B shall not provide any form of authorized use of original data to any third party. Any format or any copy of the authorized use of data shall be deemed as the original data;
1.4 Party B shall not modify, sell, publish, or use the data in any form for commercial purposes;
1.5 Party B shall not use the data for any illegal purposes.
1.6 If Party B's legal status changes, it shall resubmit the use application to Party A and sign a new license agreement.
2. Licensing Rights
2.1 Ordinary License (Non-sole license/Non-exclusive License).
3. Period of use of data
3.1 This agreement shall take effect from the date of signing by both parties and remain valid for a period of 1 year;
3.2 Unless otherwise agreed by both parties, this agreement will automatically terminate upon expiration.
4. Confidentiality Obligations
4.1 Party B shall maintain the confidentiality of the data and any information arising from the use of the data, and shall not disclose it to any third party;
4.2 Party B shall continue to fulfill its confidentiality obligations after the termination of this agreement until Party A provides written release from such obligations;
4.3 Party B shall adopt the highest level of data security measures in accordance with the requirements of relevant Chinese confidentiality laws and regulations to prevent data leakage or abuse.
5. Intellectual Property
5.1 Party A retains full ownership of the data and its associated intellectual property rights. Party B shall not infringe upon Party A's intellectual property rights in any form;
5.2 This Agreement does not grant Party B any intellectual property rights related to any data;
5.3 Party B must clearly indicate in a prominent position on the results or derivative products generated by the use of the authorized data that the owner of the copyright of the authorized data is "Yunnan University (China)".
6. Disclaimer
6.1 In the event of any loss or liability arising from the use of data caused by Party B, Party B shall bear the corresponding legal responsibility;
6.2 Party A shall not bear any responsibility for the accuracy or completeness of the data.
7. Dispute Resolution
7.1 Any disputes arising between Party A and Party B in the course of performing this Agreement shall be resolved through negotiation. If negotiation fails, either party may file a lawsuit with the People's Court at the location of Party A.
8. Liability for Breach of Contract
8.1 If Party B violates the provisions of Article 1, Article 3, and Article 4 of this Agreement, Party B shall pay a penalty of 500,000 RMB to Party A. In addition, Party A shall have the right to unilaterally terminate this Agreement, and the termination notice shall take effect upon delivery to Party B;
8.2 If either Party A or Party B commits any other breach of the Agreement, the breaching party shall compensate the non-breaching party for its losses;
8.3 The penalty standard specified in this Agreement has been determined through comprehensive negotiation between Party A and Party B, taking into account factors such as the risks, responsibilities, and commercial interests involved in the transaction under this Agreement. In the event of a dispute, neither party shall request the People's Court to reduce the penalty on the grounds of any law, regulation, or judicial interpretation;
8.4 During the performance of this Agreement, any breach by either Party A or Party B shall be considered a breach of contract. The breaching party shall, in addition to paying the penalty or compensating for the loss to the non-breaching party, also bear all costs incurred by the non-breaching party in obtaining such penalty or compensation, including but not limited to litigation fees, arbitration fees, attorney fees, travel expenses, etc.
9. Others
9.1 Each party confirms that it has fully understood and agreed to all the terms of this Agreement and is willing to comply with and implement them.;
9.2 The Parties acknowledge that this Agreement is governed by the laws of the People's Republic of China and shall be interpreted in accordance with the relevant laws of the People's Republic of China.
9.3 This Agreement is written in both Chinese and English. Both versions have the same legal effect. In the event of a conflict between the two versions, the Chinese version shall prevail.
9.4 This Agreement is executed in two identical copies in each language version, with each party holding one copy. It shall take effect upon the signing and stamping by both parties.