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DASH Submitter Agreement

This DASH Submitter Agreement (“Agreement”) governs your access to and use of Digital Access to Scholarship at Harvard (“DASH”), Harvard University’s open access institutional repository for scholarly works. By using DASH, you agree to be bound by this Agreement, which describes your rights and responsibilities as a user, author, or contributor to the repository.

DASH is operated by Harvard Library’s Open Scholarship and Research Data Services (OSRDS) to support the deposit, preservation, and dissemination of Harvard-affiliated scholarship consistent with institutional open access policies. This Agreement applies to all content and services made available through DASH, including any assistance provided by OSRDS staff or liaisons in connection with repository deposits.

Last Updated: January 7, 2026

1. Agreement to Terms

This Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Digital Access to Scholarship at Harvard ("DASH", "we", "us", or "our"), concerning your access to and use of DASH’s website and related services (the “Site”) and the underlying open access repository for scholarly works (the “Repository”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by this Agreement and any future amendments thereof.

1.1. Supplemental Terms

Supplemental terms and conditions or documents that may be posted on the Site are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the DASH Submitter Agreement and these supplemental terms, at any time and for any reason. We will alert you about any changes by updating the "Last updated" date, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable terms of the DASH Submitter Agreement every time you use our Site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and accepted, the changes in any revisions of the DASH Submitter Agreement by your continued use of the Site after the date such revisions are posted.

1.2. Jurisdictional Limitations

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Author Agreements

2.1. OAP Author Agreement

I direct that the work I am depositing (the "Work") be stored and made available publicly in Harvard's open access repository, as it may evolve (the "Repository").

I confirm my grant to Harvard of a non-exclusive license with respect to my scholarly articles, including the Work, as set forth in the open access policy at https://library.harvard.edu/harvard-open-access-policies that was adopted by the Harvard Faculty, School, or Center, of which I am a member.

Accordingly, Harvard may exercise any and all rights under copyright relating to the Work, in any medium, and may authorize others to do the same, provided that the Work is not sold for a profit.

I represent and warrant to Harvard that:

  1. I have the right to deposit the Work in the Repository and to allow Harvard to use the Work in the exercise of the rights described above.
  2. The Work does not infringe or violate any copyright or other rights of a publisher or any other party. Distribution of the Work by Harvard or others as permitted above will not infringe or violate any such rights.
  3. If the Work contains any material for which I do not hold copyright, I have obtained all rights necessary to allow the Work, including that material, to be distributed and made available by Harvard or others as permitted above.
  4. If the Work is based upon work that has been sponsored or supported by an agency or organization other than Harvard, any right of review or other such obligations of the sponsorship or support agreement have been fulfilled.
  5. If the Work was prepared jointly with other authors, I am signing this Agreement on their behalf as well as my own, and am authorized to do so.

2.2. Limited Author Agreement

I direct that the work I am depositing be stored and made available publicly in Harvard's open access repository, as it may evolve.

I grant to the President and Fellows of Harvard College the non-exclusive right to preserve and reproduce the Work, and to display, distribute and make the Work available publicly without charge from the Repository, in any format.

I represent and warrant to Harvard that:

  1. I have the right to deposit the Work in the Repository and to grant Harvard the rights granted above.
  2. The Work does not infringe or violate any copyright or other rights of a publisher or any other party. Distribution of the Work from the Repository will not infringe or violate any such rights.
  3. If the Work contains any material for which I do not hold copyright, I have obtained all rights necessary to permit the Work, including that material, to be distributed and made available from the Repository.
  4. If the Work is based upon work that has been sponsored or supported by an agency or organization other than Harvard, any right of review or other such obligations of the sponsorship or support agreement have been fulfilled.
  5. If a publisher or other entity has an embargo policy and term, I understand that Harvard will delay making the Work publicly available from the Repository until that date.
  6. If the Work was prepared jointly with other authors, I am signing this Agreement on their behalf as well as my own and am authorized to do so.

2.3. Individual Open Access License Agreement

I hereby grant to Harvard University the same non-exclusive rights that faculty grant to Harvard under the faculty open-access (OA) policies. More specifically, I grant to Harvard University a non-exclusive, irrevocable, worldwide license to exercise any and all rights under copyright relating to each of my scholarly articles, in any medium, provided that the articles are not sold for a profit, and to authorize others to do the same.

I direct that the Work I am depositing be stored and made available publicly in Harvard's open access repository, as it may evolve.

I represent and warrant to Harvard that:

  1. I have the right to deposit the Work in the Repository and to grant Harvard the rights granted above.
  2. The Work does not infringe or violate any copyright or other rights of a publisher or any other party. Distribution of the Work from the Repository will not infringe or violate any such rights.
  3. If the Work contains any material for which I do not hold copyright, I have obtained all rights necessary to permit the Work, including that material, to be distributed and made available from the Repository.
  4. If the Work is based upon work that has been sponsored or supported by an agency or organization other than Harvard, any right of review or other such obligations of the sponsorship or support agreement have been fulfilled.
  5. If a publisher or other entity has an embargo policy and term, I understand that Harvard will delay making the Work publicly available from the Repository until that date.

3. Assistance Authorization

I would like Harvard Library Open Scholarship and Research Data Services (“OSRDS”) and its designated liaisons to assist me in submitting material to Harvard’s open access repository, DASH, (the “Repository”). As used herein, the term “Assistants” means the staff members and student employees of OSRDS as well as OSRDS’s designated liaisons in my Faculty, School, Center, Lab, or Program.

I understand that the Repository submission process involves enabling OSRDS to obtain a copy of my material, making choices about access and other matters, and signing an OSRDS Author Agreement (i.e., a repository-based license). I have reviewed the three current forms of OSRDS Author Agreement below and the information about current OSRDS procedures for depositing and posting articles in the Repository.

I authorize OSRDS and its Assistants to act for me in submitting material to the Repository, including signing repository-based Author Agreements on my behalf, and taking any other action for me in connection with the Repository, with the same effect as if I had taken those actions myself.

In addition, if I am a member of a Harvard Faculty, School, Center, or Program that has adopted an open access policy, or opted into the Individual Open Access License, this confirms my assent above to the terms in 2.1, 2.2, or 2.3 to Harvard of a nonexclusive license with respect to my scholarly articles as set forth in that policy.

DASH submission requires that authors enter into a simple author’s agreement regarding the deposit and use of the item being submitted. There are three forms of Author Agreement:

  • The OAP Author Agreement is for use if the article is subject to the Open Access Policy and a Harvard author has not obtained a waiver for the article under the policy.
  • The Limited Author Agreement is for use if the item is not subject to the Open Access Policy, or a Harvard author has obtained a waiver for the article under the policy.
  • The Individual Open Access License Agreement is for use if the Harvard author has assented to the Individual Open Access License and has not obtained a waiver for the article under the license.

4. Deposit and Posting in the Repository

The following is information about the deposit and posting of scholarly articles in the Repository with the help of Assistants, which you should understand as an author entering into an Assistance Authorization:

  • The Assistants may obtain scholarly articles of which you are an author (“Articles”) from various sources, including directly from you, from other repositories, and from other sources.
  • When an Assistant obtains a pre-print or author’s final manuscript of an Article that appears to have been completed after the adoption of a Harvard Open Access Policy (“OAP”) or agreement to the Individual Open Access Policy (“IOAL”), the Assistant will assume it is subject to the OAP. The Assistants will make such pre-prints and manuscripts publicly available in the Repository under the OAP and will assign an OAP Author Agreement on your behalf in that connection, unless you have obtained a waiver under the OAP for the Article.
  • When an Assistant obtains a pre-print or author’s final manuscript of an Article that is not subject to the OAP or IOAL, they will make the material publicly available in the Repository if they determine that doing so is consistent with the publisher’s standard policies. In that connection, an Assistant will assign a Limited Author Agreement on your behalf. Articles subject to the OAP or IOAL but for which a waiver has been obtained also will be treated in this fashion.
  • You should contact and direct OSRDS if you conclude that any of the undertakings in the applicable form of Author Agreement are inappropriate for a given Article.
  • Some publishers’ agreements with authors may conflict with the OAP or IOAL, for example, if they require transfer of the entire copyright in the article, free of any license. You can avoid such a conflict and a potential breach of the agreement by using the addendum at https://library.harvard.edu/harvard-open-access-policies . Alternatively, you may obtain a waiver under the OAP or IOAL for a given Article if you wish, which also will eliminate such a conflict. If you submit an addendum and the publisher rejects it, OSRDS advises that you obtain a waiver for the Article.
  • If an Article has been made publicly available in the Repository consistent with the foregoing and you would like it to be taken down, please refer to our Takedown Policy at https://www.harvard.edu/copyright-issue .
  • OSRDS may vary its general procedures as it deems appropriate in particular cases and may modify its general procedures from time to time. If OSRDS makes major modifications to the general procedures described above, it will endeavor to notify faculty who have entered into Assistance Authorizations.

5. Confirmation of Harvard Open Access Policy and Individual Open Access License

If I am a member of a Harvard Faculty, School, or Center that has adopted an Open Access Policy, this confirms my grant to Harvard of a non-exclusive license with respect to my scholarly articles as set forth in that policy. If I am a Harvard affiliate not covered by a Harvard Faculty, School, or Center Open Access Policy, this confirms my grant to Harvard of a non-exclusive license with respect to my scholarly articles under the Individual Open Access License.

6. Intellectual Property Rights

Apart from repository content governed by our repository terms of use, DASH metadata, label text, and information pages are provided under the Creative Commons Attribution 4.0 International (CC BY 4.0) License at https://creativecommons.org/licenses/by/4.0/ .

This means you are free to:

  • Share – Copy and redistribute the material in any medium or format.
  • Adapt – Remix, transform, and build upon the material for any purpose, including commercial use.

Attribution Requirement: When using our Content, you must provide proper credit, including a link to the original source, indicate if any changes were made, and include a reference to the CC BY 4.0 license.

The trademarks, service marks, and logos displayed on the Site (the "Marks") remain the property of their respective owners and are not covered under the CC BY license unless explicitly stated. By using the Site, you agree to comply with the terms of the CC BY 4.0 license.

The DSpace software used to run this site is open source. Options for reuse and reproduction of the DSpace software are governed by the DSpace Source Code BSD License at https://dspace.org/license.

7. ORCID and ORCID Data Use

7.1. Overview

ORCID, Inc. (referred to as “ORCID”) is a nonprofit, international organization that operates certain external registries and websites at ORCID. Its mission is to solve the name ambiguity problem in research and scholarly communication by creating and operating an open-access registry of persistent unique identifiers for individual researchers. ORCID works collaboratively with the research community to establish open and transparent linking methods with other identifier schemes and research objects such as publications, grants, and patents. Consistent with its mission, it offers use of the ORCID Registry, including obtaining an ORCID ID, free of charge to the public.

7.2. DASH and ORCID Integration

DASH leverages ORCID public and member APIs to read and write public and trusted ORCID data to an affiliate’s ORCID iD. Harvard’s ORCID Connect service allows current Harvard affiliates the ability to register their ORCID iD with the university and register it as a trusted partner.

7.3. Terms of ORCID Data Use

By using this site, you are agreeing to the following terms and conditions related to ORCID data and its display:

  • This repository will pull public ORCID data from iD records, regardless of affiliation or registration with Harvard.
  • This repository will pull public and trusted data from an ORCID iD record for affiliates who have registered their ORCID with Harvard using Harvard Connect.
  • This repository will display an ORCID iD number and link to ORCID iD record for affiliates who have registered their ORCID with Harvard using Harvard Connect.
  • This repository will push trusted data to an ORCID iD record for affiliates who have registered their ORCID with Harvard using Harvard Connect.
  • If an affiliate disconnects ORCID registration with Harvard using Harvard Connect or removes Harvard as a trusted institution with http://ORCID.org, this repository will no longer push data to ORCID iD record and hold harmless this site.
  • This repository, and any future iteration of this site, reserves the right to cease ORCID use and will make a reasonable attempt to notify users.

For more information about ORCID at Harvard, please see the Harvard Library ORCID resource page at: https://library.harvard.edu/services-tools/orcid

8. User Representations

By using the Site, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with this DASH Submitter Agreement.
  • You will not use the Site for any illegal or unauthorized purpose.
  • Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

9. User Registration

You are required to register with the Site using your HarvardKey. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

10. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as restricted or embargoed content.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username and password of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or other forms of electronic communication, or creating user accounts by automated means or under false pretenses.

11. User Generated Contributions

The Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and this DASH Submitter Agreement.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and this DASH Submitter Agreement.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person, do not create and are not used to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, color, religion, creed, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of this DASH Submitter Agreement, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates this DASH Submitter Agreement and may result in, among other things, termination or suspension of your rights to use the Site.

12. Site Management

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of this DASH Submitter Agreement.
  2. Take appropriate action against anyone who, in our sole discretion, violates the law or this DASH Submitter Agreement, including without limitation, reporting such user to law enforcement authorities.
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
  5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

13. Privacy Policy

We care about data privacy and security. Please review the DASH Privacy Policy at https://harvardwiki.atlassian.net/wiki/external/YWQ5ZjE5NDEyNGNiNGFiZmI0NzM0MmMxZjRmOGFkN2I. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into this DASH Submitter Agreement. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

14. Term and Termination

This DASH Submitter Agreement shall remain in full force and effect while you use the Site.

14.1. Termination Rights

WITHOUT LIMITING ANY OTHER PROVISION OF THIS DASH SUBMITTER AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS DASH SUBMITTER AGREEMENT OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

14.2. Account Deletion and Legal Action

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in this DASH Submitter Agreement will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

16. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

17. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions.
  2. Use of the Site.
  3. Breach of this DASH Submitter Agreement.
  4. Any breach of your representations and warranties set forth in this DASH Submitter Agreement.
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

20. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. Miscellaneous

This DASH Submitter Agreement and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this DASH Submitter Agreement shall not operate as a waiver of such right or provision. This DASH Submitter Agreement operates to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this DASH Submitter Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this DASH Submitter Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of this DASH Submitter Agreement or use of the Site. You agree that this DASH Submitter Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this DASH Submitter Agreement and the lack of signing by the parties hereto to execute this DASH Submitter Agreement. This DASH Submitter Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction and venue of state and federal courts located in Massachusetts for any dispute arising out of or relating to this Agreement or the Site/Repository.

End of DASH Submitter Agreement and Author Agreements

This DASH Submitter Agreement and Author Agreements constitute the complete and current agreement governing your access to and use of the Digital Access to Scholarship at Harvard (DASH) repository. If you have questions about this Agreement, the submission process, or your rights and responsibilities as a contributor, please contact Harvard Library Open Scholarship and Research Data Services (OSRDS) at: HL_OSRDS@harvard.edu