The Prognostics Data Library

Terms Of Use

Terms of Access

  1. By accessing the Prognostics Data Library you agree to these terms.
  2. These terms apply to your access and use of the Prognostics Data Library (“Database”) owned and operated by the University of Western Australia ABN 37 882 817 280 through the School of Mechanical and Chemical Engineering of 35 Stirling Highway Crawley WA 6009 (“we”, “us” or “our”).
  3. By registering as a member, you agree that you have read these terms, and you agree to be bound by these and any amendments made to the terms from time to time.
  4. The Database is a web-based data management system for use by researchers and industry around the world to access suitable datasets for testing prognostic models.
  5. Membership
  6. In order to access the Database you must register as a member. You must notify us of any changes to your contact details or membership details.
  7. By applying to register as a member you warrant:
  8. You are an individual person who is over 18 years old;
  9. Your membership has not previously been suspended or terminated under clause 13.1;
  10. You reside in a country not prohibited by law, regulation or treaty from accessing the Database;
  11. You only hold one membership to the Database and you do not hold a membership to the Database under any other name;
  12. Your membership is not prohibited or in violation of any law, regulation or treaty of any nation, and
  13. You have not obtained the membership by misleading or deceptive conduct, or fraudulent activity.
  14. Membership to the Database is personal to you and you may not assign, sub-licence, mortgage or otherwise encumber your membership to any other person, or allow another person access to the Database using your membership.
  15. We may access your membership to audit your online use for the purposes of determining whether you are complying with these terms.
  16. Acknowledgement of use of Database
  17. In the event that you incorporate or use Data from the Database in a publication (including but not limited to a report, a presentation, seminar or journal article), you agree:
  18. you will acknowledge your use of the Database by including the wording accessible here: http://systemhealthlab.com/pdl/terms-of-use in the references section of your publication or otherwise in a prominent and clear location on your publication;
  19. within 3 months after your publication is made publically available (for example, within 3 months after your seminar, or 3 months after your journal article was published), regardless of whether or not it was made public only to a subscription or paid service; you will:
  20. notify us by email to systemhealth-ecm@uwa.edu.au that your publication has been made public, and
  21. provide a copy or link to your publication; and
  22. acknowledge we may notify the Data Provider about your publication including the specific citation of your publication, and that the Data Provider may, at its discretion, contact you using your publically available contact information.
  23. Access to Database
  24. You may only use the Database for the purposes of genuine research, teaching, or other purposes primarily intended to further technical developments in the field of prognostics.
  25. You will not:
  26. Use the Database or your access to it for any illegal activity or purpose or for any activity which we consider in our discretion, inappropriate;
  27. Use the Database or your access to it to harass, defame, abuse or threaten or use inappropriate, defamatory or abusive language on the Database;
  28. Restrict any other members using the Database;
  29. Attempt to hack, manipulate, disrupt or interfere with the Database, the Data contained on the Database or the website in any way, including by sending or distributing any malware, virus or spyware; or
  30. Excessively download Data from the Database.
  31. Accuracy of Data
  32. You acknowledge the Data is not owned by us, and has not been prepared or compiled by us.
  33. Neither we nor the Data Provider make no warranties or representations about the sufficiency, appropriateness, accuracy, completeness or suitability of the Data for any purpose.
  34. It is your responsibility to make any necessary enquires as to the sufficiency, appropriateness, accuracy, completeness or suitability of the Data for your purposes.
  35. You acknowledge we do not act as an agent for the Data Provider and we do not endorse or verify the Data provided by a Data Provider.
  36. Maintenance of Database
  37. The Database is administered by us. We will use our reasonable endeavours to ensure the Database is accessible online and will use reasonable endeavours to repair and/or reinstate online access to the Database where any problems are experienced.
  38. Notwithstanding clause 6.1, we make no warranties or representations about your ability to access the Database or any particular Data on the Database. We may remove Data from the Database at any time at our discretion with no notice to you. We do not accept any responsibility or liability for your inability to access any Data or for any loss or damage caused to you as a result of our removal of Data from the Database or your inability to access the Data or Database.
  39. Direct relationship with Data Provider
  40. Your sole relationship to the Data, except in the event of a separate agreement between you and the Data Provider (to which we would not be a party), is through your access via the Database. No contractual relationship is created or intended to be created between you and the Data Provider as a result of your membership to, or access of the Database.
  41. No warranties
  42. Without limiting any other clause of these terms and to the extent permitted by law, we make no warranties and we expressly disclaim any warranties (whether express, implied or otherwise):
  43. as to the fitness for purpose, completeness, accuracy of the Data or your access to the Database; and
  44. that the Database is available, accurate, free from errors, viruses or other harmful components.
  45. Intellectual Property
  46. All intellectual property rights in the Data will remain with the Data Provider.
  47. For the avoidance of doubt, we do not own the intellectual property rights in the Data, and you are not granted any ownership rights in the intellectual property of the Data.
  48. You are granted a non-exclusive, royalty-free, revocable licence (with no right to sub-licence or assign) to use the Data in accordance with these Terms of Access, solely for the purpose set out in clause 4.1.
  49. Indemnity
  50. You hereby indemnify us, our officers, agents (including the Data Provider) and employees from and against any and all costs, losses, expenses, actions, suits, demands, claims, damages and other liabilities (including legal fees) suffered or incurred whether arising directly or indirectly in connection with your access to the Database, your use of the Data or the Database or any other content or your breach of these Terms of Access.
  51. Without limiting clause 10.1, you hereby indemnify us, our officers, agents (including the Data Provider) and employees from and against any and all costs, losses, expenses, actions, suits, demands, claims, damages and other liabilities including legal fees) resulting from your failure to comply with these Terms of Access, or otherwise resulting from the actual or alleged infringement of the intellectual property rights of the Data Provider or any third party.
  52. Liability
  53. To the extent permitted by law, we have no liability to you or any third party, for any loss, damage, claim or cause of action arising out of or relating to these terms or your use of or access to (or inability to access) the Database, the website or use of the Data.
  54. For the avoidance of doubt and without limiting the generality of any other clause in these Terms of Access, you agree:
  55. We are not liable to you for special, indirect, consequential or incidental loss or damage howsoever suffered; and
  56. We are not responsible to you for any delay or inability to access the Database or website, the modification or alternation of any Data or other content on the website, or any delays, interruptions, inaccuracies, errors or omissions or cession of services, or hardware or software failure.
  57. Third party sites
  58. To the extent that the Database or website includes any links to third party sites, you acknowledge we have no control over the content of that website, and we do not endorse and are not responsible for the accuracy or any information contained on that site.
  59. Withholding and terminate membership
  60. We may withhold, or restrict, suspend or terminate your membership or your access to the Database, at our discretion immediately upon notice to you, if we believe in our sole discretion you:
  61. Do not meet the requirements in clause 2.2;
  62. We are unable to verify any information provided by you in respect of your membership; or
  63. We believe, in our sole discretion, that you have breached any clause of these Terms of Access; or
  64. Other members give negative feedback about your usage of the Database which in our discretion warrants your membership being suspended or terminated.
  65. Notwithstanding any other clause,
  66. either party may terminate this agreement upon giving the other party 1 month written notice; and
  67. your membership may terminate if you have not accessed the Database for 6 consecutive months.
  68. If your membership is suspended or terminated:
  69. your access to the Database is revoked;
  70. we may prevent your access to the Database, and if terminated in accordance with clause13.1, you agree to not access the Database; and
  71. you agree that clauses 3, 5, 8, 10, 10 and 11 of these Terms of Access will survive and shall continue to apply to you in connection with Data accessed by you from the Database prior to termination or suspension.
  72. Privacy
  73. The University will collect, use, store and disclose with your personal information in accordance with its privacy policies and procedures.
  74. General
  75. Notices under these terms or queries related to the Database may be forwarded in writing to systemhealth-ecm@uwa.edu.au.
  76. These terms are governed and construed in accordance with the laws of Western Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
  77. These terms supersede all previous agreements, contracts or arrangements between us and you. You may not vary or amend these terms without our formal agreement in writing signed by our authorised representative. We may amend these terms from time to time in accordance with clause 1.2 without notice to you, and you will be bound by them. You agree to avail yourself of and read the most up to date version of these Terms of Access on Prognostics Data Library web site.
  78. A failure or waiver by us to enforce a legal right or undertake legal action against you under these Terms of Access will not constitute a waiver of our legal rights. No failure or waiver by us shall imply a release of your obligations to comply with these Terms of Access.
  79. Definitions
  80. The following definitions apply to these terms:
  81. “Data” means the data accessible on the Database.
  82. “Data Provider” means the industry body which has provided to us their Data for the purposes of uploading the Data.
  83. “Database” has the meaning given to that term in clause 1.1.

Terms of Agreement for Furnishing Data to the Prognostics Data Library

  1. DATA
  2. The Data Owner will furnish the Data to UWA for the purposes of the Database.
  3. If requested by the Data Owner, UWA will de-personalise or de-identify the Data on the Data Owner's behalf before uploading it to the Database.
  4. The Data Owner will review the de-identified Data and approve its uploading to the Database.
  5. UWA is responsible for uploading the Data to the Database. If Data is unable to be read or is otherwise not compatible with the Database format, UWA will advise the Company and the parties will work together to ensure the Data is readable or compatible with the Database.
  6. UWA is not obligated to upload, or keep uploaded, the Data and the extent and nature of the Data uploaded is at UWA’s sole discretion.
  7. UWA will adopt reasonable online security measures for the Database to secure the Data against improper or illegal access but makes no warranty or guarantee as to the security of the Data.
  8. UWA will use reasonable endeavours to upload the Data onto the Database accurately but will not be held liable and makes no representations or warranties as to the accuracy or completeness of the Data on the Database.
  9. INTELLECTUAL PROPERTY RIGHTS
  10. Except as expressly set out in this Agreement, to the extent there is intellectual property rights in the Data will remain with the Data Owner.
  11. The Data Owner grants UWA a royalty free, perpetual, worldwide, non-exclusive licence, with the right to sublicence, to the Data, for the following purposes:
  12. Input the Data onto the Database;
  13. Allow third party users to access the Data on the Database;
  14. Update or modify the Data to be readable or suitable for the Database;
  15. Allow third party users to use the Data for the purposes of research, teaching or other purposes primarily intended to further technical developments in the field of prognostics (including publications, presentations, thesis or works of assessment and including commercial purposes); and
  16. For any other related purpose.
  17. For the avoidance of doubt, the parties acknowledge any intellectual property in modifications or derivatives of the Data, and any research outputs from the Data, will be owned by the creator of such modifications or derivatives (which will likely be the third party user).
  18. USE OF THE DATA
  19. The Data Owner acknowledges that a third party user of the Data will not be aware who has supplied the Data they are accessing.
  20. Accordingly The Data Owner acknowledges UWA and third party users who access the Database may freely publish technical articles, make oral presentations, and publish theses using the Data, for the purposes of genuine research, teaching, or other purposes primarily intended to further technical developments in the field of prognostics (including commercial purposes).
  21. The Data Owner acknowledges The Data Owner will not be credited with providing the Data in any such publication, and will not receive payment from UWA or the third party for any reason, including but not limited to if the third party user commercialises models using the Data.
  22. UWA will use reasonable endeavours to advise The Data Owner of any public citations of research using The Data Owner’s Data.
  23. RISK AND LIABILITY
  24. The Data Owner:
  25. warrants it is the sole owner of the Data and holds all intellectual property rights in the Data necessary to grant the licences in clause 2(b);
  26. warrants by providing its Data it is not breaching any confidentiality obligations or third party agreement; and
  27. releases and indemnifies UWA from and against all claims, loss or damage caused by or arising out of any breach by The Data Owner of these terms, or use of the Data by a third party (including a third party user of the Database), except to the extent caused by the negligent act or omission of UWA.
  28. The Data Owner is providing the Data as a service to the research community, to the extent permitted by law, UWA disclaims all liability to The Data Owner (including for breach of this Agreement and in common law and tort) for any loss, damage, claim or cause of action arising out of or relating to these terms or UWA or a third party’s use of or access to (or inability to access) the Database or use of the Data. UWA’s total liability to The Data Owner is as set out in this condition and UWA shall have no liability for any other loss or damage including (without limitation) loss of revenue, loss of profits, loss of use, or loss of contracts.
  29. TERMINATION AND POST-TERMINATION
  30. A party may terminate this Agreement for its convenience upon written notice to the other.
  31. Any notice or other communication required to be given under this Agreement will be in writing to the email or physical addresses set out on the front page of this Agreement or as notified by a party from time to time.
  32. Following termination or expiry of this Agreement:
  33. UWA will within a reasonable period following the termination or expiry, remove the Data from the Database and, at UWA’s discretion, return the Data to The Data Owner or destroy the Data (except as required to comply with the State Records Act 2000 WA);
  34. The Data Owner acknowledges third party users (such as researchers) who may have accessed the Data through the Database prior to the removal of the Data from the Database may continue to use the Data for their own purposes and in accordance with their terms of access to the Database, and UWA has no responsibility or liability to The Data Owner (or any third party) in this regard.
  35. Clauses 2, 3, 4, 5(c) and (d) shall survive or continue post termination or expiry of this Agreement.
  36. GENERAL
  37. This Agreement shall be governed by the laws of Western Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
  38. This Agreement, together with the Schedules, constitutes the entire agreement between the parties.
  39. Any invalid part of this Agreement will not affect the validity of the remaining parts of the Agreement.
  40. This Agreement may be varied, amended or extended only by the written agreement of the parties.
  41. Only waivers in writing and signed by the party against whom the waiver is claimed will be valid.
  42. Neither party will, without the prior written consent of the other party, transfer or assign any obligations under this Agreement.
  43. This Agreement may be signed in any number of counterparts which when taken together constitute one document.
  44. In the event of a dispute between the parties, the party claiming the dispute shall give notice to the other party in writing, specifying the details of the dispute. The parties must meet and negotiate in good faith to try to resolve the dispute without recourse to litigation.
  45. Each party shall pay their own costs for preparing and complying with the terms of this Agreement.