Reason

The RaDelft Dataset contains Personal Data related to identifiable persons (e.g. faces or license plates in image data).

End User Licence Agreement

RaDelft Dataset Research Use License

Definitions

·        ”RaDelft Dataset”: all sensor and auxiliary data (e.g., annotations) pertaining to the RaDelft Dataset and all published derivates or additional packages, as described on its official website hosted by Delft University of Technology

·        ”Qualified User of the RaDelft Dataset”: an individual who is enrolled in a Master or Ph.D. program at an academic institution or who is employed as scientific staff at an academic institution or at a non-profit research organization

·        “Derivatives”: modifications, adaptations, or compilations of the RaDelft Dataset, or any other derivative works such as abstract representations (e.g., models) or annotations obtained from the RaDelft Dataset

·        “Research Purpose”: use solely in conjunction with (1) internal non-published research projects and (2) publicly available research publications and studies, access to which is not subject to payment. The term “Research Purpose” excludes without limitation the creation of Derivatives or use in connection with the development of any product, service, software or technology or any commercial undertaking.

·        “GDPR”: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

·        “Applicable Legislation and Regulations concerning the Processing of Personal Data”: the applicable legislation and regulations and/or (further) treaties, regulations, directives, decrees, policy rules, instructions and/or recommendations from a competent public body concerning the Processing (see below) of Personal Data (see below), also including future amendments of and/or supplements thereto, including laws of the Member States implementing the GDPR and the Telecommunications Act.

·        “Data Subject”: the identified or identifiable natural person to whom the Personal Data pertain, as referred to in Article 4 at 1) GDPR.

·        “Personal Data”: all information relating to a Data Subject; a natural person who can be directly or indirectly identified, in particular based on an identifier such as a name, an identification number, an online identifier or one or more elements that are characteristic of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person, as referred to in Article 4 at 1) GDPR, is deemed identifiable.

·        “Personal Data Breach”: (suspicion of) a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed, as referred to in Article 4 at 12) GDPR.

·        “Processing”: any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, as referred to in Article 4 at 2) GDPR.

·        “Supervisory Authority”: one or more independent public bodies responsible for supervising the application of the GDPR, in order to protect the constitutional rights and fundamental freedoms of natural persons in connection with the Processing of their Personal Data and to facilitate the free traffic of Personal Data inside the Union, as referred to in Article 4 at 21) and Article 51 GDPR. In the Netherlands, this is the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).

Delft University of Technology has developed, at considerable expense and effort, a collection of street-level sensor recordings from a moving vehicle formatted, termed the RaDelft Dataset, to facilitate research in the area of automotive radar and environment perception for self-driving vehicles.

Delft University of Technology is willing to license the use of the RaDelft Dataset pursuant to the terms of this Research Use License (“License”) to you only if

·        you are a Qualified User of the RaDelft Dataset

·        you obtained the RaDelft Dataset directly from Delft University of Technology, and

·        you accept all of the terms contained in this License.

Exercising the rights granted to you below constitutes your agreement to be bound by the terms of this License. The term “you” and “your” means the individual using the RaDelft Dataset, or clicking “accept” or “agree” or otherwise demonstrating acceptance of this License, and thereby becoming bound by it, and the organization or other legal entity represented by such individual or on whose behalf such individual acts, and all affiliates thereto.

1. Research Use License Grant

(a) Subject to and conditioned upon your compliance with the obligations of this License, Delft University of Technology grants to you a worldwide, royalty-free, non-sublicensable, non-transferable, and non-exclusive copyright and database rights license, solely in furtherance of your Research Purpose, to download, reproduce and use the RaDelft Dataset.

Delft University of Technology grants no rights to and you shall not in whole or in part: (1) distribute the RaDelft Dataset, or (2) create and distribute Derivatives that contain or allow the recovery of sensor data of the RaDelft Dataset, (3) create and distribute Derivatives that contain or allow the recovery of Personal Data from the RaDelft Dataset, or (4) incorporate the RaDelft Dataset or Derivatives in any publicly available product, service, software or technology for non-Research Purpose.

Delft University of Technology grants you the right to create and distribute Derivatives that consist of abstract representations (e.g., models such as parameters of a trained neural network) derived from the RaDelft Dataset provided that these Derivatives a) are used for Research Purposes and b) are provided free of charge and c) do not involve Personal Data. Delft University of Technology grants you the right to display small samples of the RaDelft Dataset for the purpose of demonstrating the outcome of your Research Purpose, provided that these samples do not contain Personal Data (e.g., by use of proper anonymization techniques such as blurring of image regions containing identifiable faces and/or license plates).

(b) You shall not use the RaDelft Dataset for any non-Research Purpose except as separately agreed with Delft University of Technology in a signed writing. Such activity is not licensed or authorized under this License and, if undertaken, may result in the pursuit of all available remedies, including those for intellectual property rights (including copyright and database rights) infringement, the availability of which you hereby acknowledge.

(c) The RaDelft Dataset constitutes Delft University of Technology’s confidential information protected by intellectual property laws and treaties, and is licensed, not sold. All rights not expressly granted in this Section 1 are reserved to Delft University of Technology. No other right or license will be implied by conduct or otherwise. Delft University of Technology and/or its partners retain all rights, titles, and interests in the RaDelft Dataset and all associated intellectual property rights. Patents, trademark and service mark rights, moral rights (including the right of integrity), publicity, privacy, and/or other similar personality rights are not licensed under this License.

(d) You shall not remove, destroy, deface, or otherwise alter any legends, notices, statements, or marks indicating Delft University of Technology’s ownership or the restrictions contained in this License.

(e) You shall not disclose or cause to be disclosed in whole or in part the RaDelft Dataset or any information contained therein (“Confidential Information”) to any third party or use Confidential Information except as specifically authorized by this License. You shall protect the confidentiality of Confidential Information with the same degree of care, but no less than reasonable care, as you use to protect your own confidential information of like nature. Reasonable care includes taking appropriate measures for physical and electronic (e.g., password protection, encryption) access control for the RaDelft Dataset copy you obtained.

(f) You shall notify Delft University of Technology immediately when you become aware of any breach or violation of this License, or of any potential or actual infringement of intellectual property rights related to the RaDelft Dataset.

2. Attribution

In a manner reasonably satisfactory to Delft University of Technology, you shall cause to be conspicuously displayed in all public materials and websites referencing research conducted with the RaDelft Dataset a notice that the research was conducted using the RaDelft Dataset. For scientific publications, the preferred RaDelft Dataset publication is to be cited as listed on the RaDelft Dataset GitHub and 4TU.ResearchData. For other public materials and websites, the preferred RaDelft Dataset publication is to be cited as listed on the RaDelft Dataset GitHub and 4TU.ResearchData, or a link to the RaDelft Dataset GitHub and 4TU.ResearchData is to be provided.

3. Feedback

You agree that Delft University of Technology may freely use and exploit in perpetuity any feedback, requirements, recommendations, ideas, bug fixes, reviews, ratings, benchmarks, comments, suggestions, or improvements, that you may at any time disclose or submit to Delft University of Technology relating to the RaDelft Dataset for Delft University of Technology’s valorization purposes, including for product licensing, support and development, without any obligation or payment to you.

4. Data

(a) Data distributed with the RaDelft Dataset

The RaDelft Dataset contains Personal Data related to identifiable persons (e.g. faces or license plates in image data).

You shall provide Delft University of Technology with all necessary assistance and cooperation in complying with the obligations borne on the basis of the GDPR and other Applicable Legislation and Regulations concerning the Processing of Personal Data. In particular, you shall provide Delft University of Technology with assistance in any event in respect of: Protection of Personal Data, compliance with requests from the Supervisory Authority or another public body; compliance with requests from Data Subjects, reporting Personal Data Breaches.

You shall take appropriate technical and organizational measures to safeguard a level of security attuned to the risk, so that the Processing complies with the requirements under the GDPR and other Applicable Legislation and Regulations concerning the Processing of Personal Data, and the protection of the rights of Data Subjects is safeguarded. In the assessment of the appropriate level of security, you shall take into account the state of the art, the costs of execution, as well as the nature, scope, context and the processing objectives, and the risks varying in terms of probability and seriousness to the rights and freedoms of individuals, especially as a result of the accidental or unlawful destruction, loss, alteration or unauthorized provision of or unauthorized access to data that is transferred, stored or otherwise processed.

Without unreasonable delay and no later than within 24 hours after discovery, you shall notify the Delft University of Technology of a Personal Data Breach or a reasonable suspicion of a Personal Data Breach. You warrant that the information provided is complete, correct and accurate.

(b) Data concerning or arising from RaDelft Dataset use

You hereby consent to Delft University of Technology’s collection and use of your Personal Data (including name, affiliation, email address, meta-data, analytical, diagnostic and technical data, and usage statistics) concerning or arising from your use of the RaDelft Dataset in order to provide the functionality of and improvement of the RaDelft Dataset, for product development and marketing purposes, to protect against spam and malware, and for verifying License compliance. You may revoke this consent at any time by giving Delft University of Technology a written notice, at which point your License automatically terminates (see Section 7).

5. Updates

The RaDelft Dataset may update automatically. You agree to accept such updates subject to this License unless other terms accompany the updates. If so, those other terms will apply. Delft University of Technology is not obligated to make any updates available, to continue making the RaDelft Dataset available for any period of time, or to provide any technical support of any kind.

6. Compliance

You shall comply with all applicable laws, rules, and regulations in respect of the use of the RaDelft Dataset. In particular, you shall comply with GDPR, even if you are located outside the territory of the EU.

7. Termination

Without prejudice to any other Delft University of Technology rights or remedies, this License terminates three years after it was granted. In reasonable time before the termination date, a license renewal request can be made on the RaDelft website. In the event of termination of the license without renewal, you shall immediately destroy all copies and cease all use of the RaDelft Dataset.

Without prejudice to any other Delft University of Technology rights or remedies, this License will automatically terminate if you fail to comply with its terms (this includes, among others, if you no longer are a Qualified User of the RaDelft Dataset) or if you revoke your consent that Delft University of Technology may use your Personal data as specified in Section 4 (b). In such event, you shall immediately destroy all copies and cease all use of the RaDelft Dataset.

You acknowledge and agree that breach of this License, or any unauthorized use or distribution of the RaDelft Dataset, would cause irreparable harm to Delft University of Technology, the extent of which would be difficult to ascertain, and that Delft University of Technology will be entitled to seek without limitation immediate injunctive relief in any court of competent jurisdiction under the applicable laws thereof (and Delft University of Technology’s right to do so is not subject to arbitration). Delft University of Technology may terminate this License, in whole or in part, upon written notice in the event the RaDelft Dataset, in whole or in part, is in Delft University of Technology’s sole judgment subject to a claim of intellectual property rights infringement, violation of law or rights, or other claim impeding Delft University of Technology’s right or ability to grant the licensed rights hereunder.

8. Disclaimer

You acknowledge that the RaDelft Dataset may have inaccuracies, defects, or deficiencies that may not be corrected by Delft University of Technology and/or its partners. To the maximum extent permitted by applicable law, Delft University of Technology and/or its partners provide the RaDelft Dataset “as is” and with all faults and disclaim all representations, warranties, and conditions, whether express, implied or statutory, including but not limited to representations, warranties, and conditions related to: title, non-infringement, merchantability, fitness for a particular purpose, accuracy or completeness, lack of defects, negligence or workmanlike effort, or correspondence to the description. The entire risk arising out of the use or performance of the RaDelft Dataset remains with you.

9. Limitation of Liability

EXCLUDING LOSS FOR WHICH DELFT UNIVERSITY OF TECHNOLOGY CANNOT LAWFULLY EXCLUDE LIABILITY, DELFT UNIVERSITY OF TECHNOLOGY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DELFT UNIVERSITY OF TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR INABILITY TO USE THE RADELFT DATASET OR THE EXERCISE OF THE LICENSED RIGHTS GRANTED HEREUNDER.

10. Severability; Waiver; No Agency; Entire Agreement

If any of the provisions of this License are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, such provisions will not affect the validity of the balance of the License, and such provisions are herewith waived or reformed to the extent necessary for the License to be otherwise enforceable in such jurisdiction. No waiver of any provision of this License will be deemed a further waiver or continuing waiver of such provision or any other provision, and Delft University of Technology’s failure to assert any right or provision under this License will not constitute a waiver of such right or provision. This License is the parties’ entire agreement relating to its subject matter and supersedes all prior or contemporaneous oral or written communications, proposals, negotiations, understandings, representations and warranties and prevails over any conflicting or additional terms of any quote, order or other communication between the parties relating to its subject matter.

11. AssignmentThis License may and shall not be assigned or transferred, or its rights or obligations assigned or delegated, by you, in whole or in part, without the prior written consent of Delft University of Technology. Any assignment made in violation of this section will be void. Delft University of Technology may freely assign this License without the necessity for consent.

12. Governing Law

Dutch law will apply to this Data Processing Agreement. Disputes about this Agreement will be presented to the District Court of The Hague in The Netherlands.

13. Contact Data

The contact data of Delft University of Technology with respect to this License is:

Microwave Sensing, Signals and Systems (MS3) group

Department of Microelectronics

Faculty of Electrical Engineering, Mathematics and Computer Science (EWI)

Mekelweg 4, 2628 CD Delft, The Netherlands

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