This license agreement (hereinafter: “License Agreement”) is granted by Idiap Research Institute, Xxx Xxxxxxx 00, XX 000, XX 0000 Xxxxxxxx, Xxxxxxxxxxx (hereinafter: “Licensor”) to the End User (the “Licensee”) (Licensor or Licensee individually a “Party” and collectively the “Parties”).
1. Material under License
The material under License is a Licensor’s database described in Schedule 1 composed of fingervein images and presentation-attacks disclosed on a voluntary basis by the concerned persons (whether individuals or entities) (hereinafter: “Corpus”). The Corpus contains the actual data as well as any derivative work, products or services based on all or part of the data. The Corpus may notably contain personal data or, in some cases, sensitive data according to article 3 let. a and c of the Federal Act on Data Protection of June 19, 1992 (“FADP”) and its ordinance of application. All data contained within the Corpus have been collected, used and processed in accordance with the laws applicable in Switzerland.
Licensor grants to Licensee a non-commercial, non-exclusive, non-transferrable right, with no right of sub- license, to access, use and process the Corpus, for purposes of research, development and testing in the fields of biometrics only, limited to the geographical site indicated in section 17 (the “License”).
Any commercial use of the Corpus is strictly prohibited. Commercial use of the Corpus includes, but is not limited to:
• Proving the efficiency of commercial systems,
• Testing commercial systems,
• Using screenshots of subject from the Corpus in advertisements,
• Selling data or making any commercial use of the Corpus,
• Broadcasting data from the Corpus.
3. Condition precedent to use the Corpus and delivery
3.1 Licensee may only access, use and process the Corpus after this License Agreement has been signed and returned to the Licensor. The Licensee must return the signed and dated License by email, in PDF format to Licensor, at the following address: firstname.lastname@example.org. The Corpus is accessible online at the following address: xxxxx://xxx.xxxxx.xx/xxxxxxx/xxxx-xxxxxxxxxx/.
3.2 The Corpus is delivered by Licensor to Licensee "as is" with no warranties, express or implied, including any warranty of merchantability, title, non-infringement or fitness for a particular purpose.
4. Intellectual property rights
4.1 The Corpus is the sole property of Licensor, or its licensors, and is protected by intellectual property rights. The Licensor reserves all rights to use in any way and distribute the Corpus. Licensee acquires no ownership, rights or title of any kind in all or any parts with regard to the Corpus, or all intellectual property rights thereof.
4.2 During the term of the Agreement, all right, title and interest in and to all improvements, modifications and results, arising out of the use and exploitation of the Corpus by Licensee, and all intellectual property rights thereof, developed, made or created by Licensee shall vest in Licensee.
5. Scientific publications
The Parties agree that Licensee is authorized to publish, for purpose of scientific publication, its results obtained in using and exploiting the Corpus under the License as set forth under Section 2, provided that at all times Licensee cannot published all or part of the content of the Corpus.
All publications that report on research that use the Corpus will acknowledge this as follows: "(Portions of) the research in this paper used the Xxxx Fingervein Dataset made available by the Idiap Research Institute, Martigny, Switzerland.”
and cite the paper(s) listed on this page: xxxxx://xxx.xxxxx.xx/xxxxxxx/xxxx-xxxxxxxxxx/
6 Licensee’s representations and warranties
6.1 Licensee represents and warrants that Licensee is authorized to enter into this License Agreement.
6.2 Licensee represents and warrants that any use of the Corpus under the License as set forth hereinabove under Section 2 shall not infringe any intellectual property rights of any third parties.
6.3 Licensee represents and warrants to Licensor that Licensee shall perform and fulfill its obligation under the terms and condition of this License Agreement and that Licensee shall comply with all applicable laws, statutes, ordinances and regulations in force.
7. Data protection
7.1 All personal data transferred or forwarded by Licensor to Licensee within the Corpus under this License Agreement shall be processed by Licensee exclusively for the purposes agreed in this License Agreement and only to the extent necessary to perform and fulfill its obligations hereunder. Licensee shall not use any personal data for any other purpose and shall not disclose, sell, or otherwise make any personal data within the Corpus accessible to third parties without the explicit consent of Licensor.
7.2 Licensee shall comply with all applicable laws and regulations on data protection, in particular the Federal Act on Data Protection of June 19, 1992.
7.3 Further, Licensee represents and warrants to Licensor:
7.3.1 to only use or process personal data transferred to Licensee by Licensor in accordance with instructions from Licensor and only as necessary for the purposes for which it was collected or transferred, and, in all cases for fair and legitimate purposes;
7.3.2 that Licensee has implemented appropriate technical and organizational measures to protect any personal data within the Corpus against unauthorized or unlawful use and processing, and against accidental loss, destruction, damage, alteration, unauthorized access or disclosure;
7.3.3 that Licensee has taken reasonable measures to notify of the conditions set forth in the License Agreement and ensure the reliability of, and compliance by, any employees who have access to any personal data within the Corpus;
7.3.4 to obtain prior written consent from Licensor before transferring any personal data within the Corpus to another location than Licensee’s registered seat or to a third party, including but not limited to Licensee’s affiliates;
7.3.5 to promptly notify Licensor of any security incidents relating to any personal data within the Corpus;
7.3.6 at Licensor’s request, to promptly cease the use and processing of any personal data within the Corpus;
7.3.7 at Licensor’s request, to promptly return and/or destroy records of any personal data within the Corpus; and
7.3.8 to provide Licensor with full co-operation and assistance with the Licensor’s legal and/or contractual obligations regarding data protection or privacy, in particular to notify Licensor of (i) any legally binding request for disclosure of personal data within the Corpus by a law enforcement authority unless otherwise prohibited by the applicable law of the country of Licensee’s registered seat; (ii) any accidental or unauthorized access to any personal data within the Corpus; and (iii) any complaint or request made by a concerned person (whether an individual or a legal entity).
7.4 In case of infringement of any of Licensee’s obligations under this Section 7, Licensee shall immediately pay Licensor an indemnity of CHF 100’000.-, unless Licensee can prove that no fault is attributable to Licensee. The payment of such indemnity shall not release Licensee of its obligations hereunder. All other remedies of Licensor remain reserved.
8. Liability and indemnification
8.1 Licensee shall be held liable to Licensor for any claim or damage of any kind, arising as a result of the use or exploitation of, or related to, the Corpus pursuant to this Agreement whether in contract, in tort (including negligence or strict liability), under any warranty or otherwise, unless Licensee proves that no fault is attributable to Licensee.
8.2 Licensee agrees to defend, protect, indemnify and hold Licensor harmless from and against any action or threatened action, suit, claim or proceeding arising out of any alleged act or omission of Licensee relating to this Agreement, and against any and all expenses (including actual attorneys’ fees), judgments, fines, costs, amounts paid in settlement or any loss or damage incurred by Licensor.
The term of this License Agreement shall commence upon signature by the Licensee of this License Agreement and shall continue for a period of 3 years , unless earlier terminated as provided in this Agreement.
10.1 This License Agreement may be terminated in any of the following ways:
10.1.1 by the mutual written consent of the Parties;
10.1.2 by either Party, effective immediately, if (i) any proceeding is commenced or any petition is filed seeking liquidation, reorganization or other relief under any domestic or foreign bankruptcy, insolvency, receivership or similar law now or hereafter in effect in respect of the other Party; or (ii) a receiver, trustee, custodian, conservator or similar official is appointed for the other Party;
10.1.3 by either Party, effective thirty (30) days after written notice to the other Party, if the other Party materially breaches its obligations hereunder, provided the breaching Party does not cure its breach within thirty (30) days following the sending of such notice.
10.1.4 by the Licensor terminating the License, effective ninety (90) days after written notice to the Licensee.
10.2 Termination will not discharge either Party of any of its obligations hereunder.
11. Obligations upon expiration or termination
11.1 Upon expiration or termination of this License Agreement, (i) all rights and licenses granted herein by Licensor to Licensee under this Agreement shall terminate; (ii) Licensee shall at its own costs and expenses immediately destroy the Corpus and all copies thereof, and provide written certification of such destruction to Licensor.
11.2 Sections 4, 5, 7, 8, 11, and 16 shall survive expiration termination and/or termination of this License Agreement.
12. Non-assignment of the Corpus
Licensee shall not, without prior written authorization of Licensor, assign or transfer in any way, without limitation permanently or temporarily distribute, communicate, publish or broadcast, all or part of the content of the Corpus to third parties, except under the conditions defined in Section 5. The Licensee shall send all requests of assignment or transfer to a third party to the Licensor at the following address: data- email@example.com.
This License Agreement may only be amended or modified in writing signed by a duly authorized officer or representative of each of the Parties.
14. Entire agreement
This License Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any other prior oral or written agreement regarding the subject matter hereof.
Should any clause of this Agreement be found to be invalid or unenforceable, such clause (or part thereof) shall be deemed severed from this Agreement and the other clauses hereof shall remain in full force and effect as if this Agreement had been executed without the offending clause appearing. In such a case, the Parties shall negotiate in good faith and on a commercially reasonable efforts basis to agree alternative or amended valid, legal and enforceable clauses with the same economic effect as intended by the Parties hereto.
16. Governing law and jurisdiction
16.1 This License Agreement is subject to and to be interpreted in accordance with the substantive rules of Swiss Law, to the exclusion of its conflict of law rules.
16.2 Any claim or dispute arising out of or related to this License Agreement shall exclusively be submitted to the Swiss competent courts of the location of Licensor’s registered seat, subject to appeal to the Swiss Federal Court.
By signing this License, the Licensee engages to strictly respect the conditions set forth herein and to respect all the laws applicable in Switzerland in relation to data and personality protection with regard to the data contained within the Corpus collected and processed by the Licensor.
The Licensee must be represented by an authorized signatory:
Organization Name (Institute, University, etc):
Organization Address :
Full Name (Block Letters):
Job title / Position :
Professional / academic email :
Description of the Corpus:
The Xxxx Fingervein dataset is composed of fingervein images and presentation-attacks from 40 women and 70 men between 18 and 60 years old (with an average at 33).
The full description can be found on the dataset page : xxxxx://xxx.xxxxx.xx/xxxxxxx/xxxx-xxxxxxxxxx/