PROPRIETARY DATA AGREEMENT
Version 1.4 Dated June 17, 2005
- Purpose and Period of Agreement
- Participant Proprietary Information
- is or becomes generally available to the public through no fault of University personnel;
- is or becomes known to Universtiy staff in any manner independent of its relationship with Participants;
- is known to University prior to receipt or collection from Participant;
- is required to be disclosed by law or by a court of competent jurisdiction.
- Nondisclosure of Participant Information
- Data Use and Analysis by University
- Patent and Copyrights All rights, title and interest throughout the world to all tools developed by University personnel to analyze the data described above shall belong to The Regents of the University of California and/or the developer, in accordance to the University of California policies. Subject to the rights of the Government under the Prime Award, University shall have the unilateral right to determine disposition of all such Sole Subject Inventions, including whether or not to patent or license.
This Collaborative Research and Proprietary Data Ownership Agreement (Agreement) is based on the type of underlying agreement checked below, and is effective from the effective date indicated.
_____ CAIDA Program Participation Agreement effective on ______________
_____ SD-NAP Agreement Participation Agreement effective on ________________
_____ Traffic monitoring by CAIDA commencing on ________________________
_____ Peering relationship disclosure on ________________________
All raw Internet traffic flow, peering and engineering data, including peering relationship information, originating at Participant's network will be the proprietary property of Participant, irrespective of whether the data are collected by University personnel through the placement of a network monitor on Participant's premises. University shall not publicly disclose the raw data or privately disclose or use such data for any purposes whatsoever except as specified in this Agreement without the prior written consent of Participant, except for information that:
All data will be stored and secured on-site at the University's San Diego Supercomputer Center (SDSC). Remote access to Participant's stored data by Participant's authorized representative will be arranged using data encryption. University agrees to use the same standard of care in transmitting raw and analyzed data involving Participant that it would apply to proprietary information of its own, e.g., transmissions of data between hosts are secured to prevent acquisition by third parties,and in no event less than a reasonable standard of care. .
Participant agrees to allow University personnel to analyze the traffic flow data and peering data acquired from Participant for CAIDA Program research purposes. The products of this analysis are considered UCSD intellectual property. The products shall not refer to any specific end-users/customers of Participant in a publicly recognizable form and shall only refer to Participant following receipt of written permission of Participant.
|Accepted on behalf of Participant||Accepted on behalf of The Regents of the|
|__________________________________||University of California, UCSD CAIDA|
|By: _______________________________||By: _____________________________|
|Name: _____________________________||Name: ___________________________|
|Title: ______________________________||Title: ____________________________|
|Date: ______________________________||Date: ____________________________|
last updated 17 June 2005
comments or questions should be directed to Info@caida.org