Dataset Terms

Agriculture-Vision Workshop

Terms and Conditions for Use of Dataset

Thank you for your interest in the 1st International Prize Challenge on Agriculture-Vision (“Challenge”) in conjunction with IEEE/CVF CVPR Conference 2020. To encourage research and work towards vision in agriculture, the Agriculture-Vision Workshop is making available a subset of an Agriculture-Vision dataset for the Challenge (“Dataset”). For more details regarding the Dataset and the Challenge, please go to Agriculture-Vision Workshop page (“Workshop Page”) The Agriculture-Vision Workshop also provides a platform for research discussions via Google Groups here, where User may find and share useful ideas and knowledge about agriculture-vision research (“Workshop Group”).

These Terms and Conditions for Use of Dataset (the “Agreement”) are between IntelinAir, Inc. (“IntelinAir”) and the individual or entity (“User”) downloading and/or using the Dataset, and govern User’s use of the Dataset.

BY DOWNLOADING OR USING THE DATASET, USER SIGNIFIES ITS AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF USER DOES NOT AGREE TO SUCH TERMS, CONDITIONS AND/OR NOTICES, USER MAY NOT DOWNLOAD OR USE THE DATASET.

User represents that it has full power, capacity, and authority to accept this Agreement. If an individual is accepting this Agreement on behalf of an employer or another entity: (a) such individual represents that such individual has full legal authority to bind such employer or such entity to this Agreement, and (b) such individual and such employer or entity shall both be bound by this Agreement as the User. If such individual is accepting on behalf of an employer or other entity and doesn’t have the legal authority to bind, then neither such individual nor such employer or other entity may download or use the Dataset.

1. Downloading the Dataset. The dataset for the challenge can be requested from here.

2. License to Use Dataset. Subject to the terms and conditions of this Agreement, IntelinAir grants User a non-exclusive, non-sublicensable, non-transferable, royalty-free, limited, revocable license to download and use the Dataset during the Usage Period (defined below) for the sole purpose of participating in the Challenge and creating a submission for the Challenge (“Submission”).

3. Restrictions. User shall not, and shall not authorize or permit any third party to: (a) use the Dataset for any purpose other than internal, non-commercial academic purposes; (b) sell, license, transfer or redistribute the Dataset to any third party (except to research employees, assistants and colleagues who also agree to be bound by this Agreement); (c) use the Dataset to develop, or otherwise in connection with, any commercial product or service; or (d) create any derivative works from the dataset other than the Submission. In addition, User shall: (i) cite the original paper of the Agriculture-Vision Workshop in any publications in which User discusses the Dataset (User can find the attached bibliography for User’s reference); and (ii) delete all copies of the Dataset within ninety (90) days after the completion date of the Challenge (“Usage Period”). In the event that User does provide the Dataset to any research employees, assistants or colleagues, User shall cause all such employees, assistants and colleagues to comply with the terms of this Agreement and shall be responsible for any breach of this Agreement caused by such employees, assistants or colleagues.

4. Ownership of Dataset. IntelinAir and its licensors reserve all other rights in the Dataset. Except for the limited license granted above, IntelinAir and its licensors shall retain all right, title and interest (including all associated intellectual property rights) in and to the Dataset.

5. Termination. User have the right to terminate this Agreement, and User’s participation in the Challenge, at any time upon written notice to IntelinAir. IntelinAir has the right in its sole and absolute discretion to terminate this Agreement immediately or deny User’s participation in the Challenge in the event: (a) User violates this Agreement or violates the participation requirements of the Challenge; or (b) User acts in any manner has the potential to damage the reputation of IntelinAir, the Agriculture-Vision Workshop, or their respective affiliated companies or licensors. In the event of any termination of this Agreement, User shall promptly cease all use of, and delete all copies of, the Dataset.

6. User’s Contact Information. In connection with providing the Dataset to User and administering the Challenge, IntelinAir will have the right to collect, store and use User’s contact information, and User consents to such collection, storage and use.

7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) IN NO EVENT WILL INTELINAIR, THE AGRICULTURE-VISION WORKSHOP, OR THEIR RESPECTIVE AFFILIATED COMPANIES OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES); AND (B) IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF INTELINAIR, THE AGRICULTURE-VISION WORKSHOP, AND THEIR RESPECTIVE AFFILIATED COMPANIES AND LICENSORS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PROGRAM, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED $500. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to User. To the extent IntelinAir may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of IntelinAir’ liability shall be the minimum permitted under such applicable law.

8. Indemnification. User agrees to indemnify, defend and hold harmless IntelinAir, the Agriculture-Vision Workshop, their affiliated companies, and their respective officers, directors, employees, subcontractors, agents and licensors (each an “Indemnitee”) from any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party against any Indemnitee to the extent that such Claim is based on, or arises out of: (a) User’s participation in the Challenge; (b) any breach of User’s obligations, representations or warranties in this Agreement; (c) User’s use of any Dataset; or (d) any violations of law, fraud, gross negligence or willful misconduct of User or its respective employees or subcontractors. User shall not settle any claim unless such settlement completely and forever releases the Indemnitee from all liability with respect to such claim or unless the IntelinAir Indemnitee consents to such settlement in writing (which consent shall not be unreasonably withheld).

9. Disclaimers. INTELINAIR, THE AGRICULTURE-VISION WORKSHOP AND THEIR RESPECTIVE AFFILIATES AND LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATASET OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND EACH SUCH PARTY HEREBY DISCLAIMS THE SAME. INTELINAIR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE DATASET, OR THAT THE DATASET WILL BE FREE OF ERRORS.

Some links within this Agreement and the Workshop Page may lead to third-party websites, such as the Workshop Group. IntelinAir does not warrant, sponsor, endorse or otherwise approve of the materials appearing in the Workshop Group or any other such sites. User further acknowledges and agrees that IntelinAir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the Workshop Group or any other such site or resource.

10. Miscellaneous. Sections 3, 4, 5, 6, 7, 8, 9 and 10 shall survive any expiration or termination of this Agreement. User shall not assign this Agreement without the prior written consent of IntelinAir. Any attempt by either party to assign other than in accordance with this provision shall be null and void. No amendment of any provision of this Agreement shall be effective unless set forth in a writing signed by a representative of Licensee and IntelinAir, and then only to the extent specifically set forth therein. No waiver by either party of any condition or the breach of any provision of this Agreement in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision. This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts located in Los Angeles County, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The unauthorized disclosure or use of the Dataset may cause irreparable harm to IntelinAir, which harm cannot be compensated by damages alone. Therefore, in addition to all other rights and remedies at law and in equity, IntelinAir may seek an injunction to prevent a violation of this Agreement. This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and thereof. If any term of this Agreement or part hereof not essential to the commercial purpose of this Agreement shall be held to be illegal, invalid or unenforceable, it is the intention of the parties that the remaining terms hereof or part hereof shall constitute their agreement with respect to the subject matter hereof and thereof and all such remaining terms, or parts thereof, shall remain in full force and effect.

11. Contacting the Agriculture-Vision Workshop. If User has any inquiries regarding the Agriculture-Vision Workshop, Challenge, Dataset, this Agreement or other issues, User may contact the workshop.