RNA-seq data from the tumor samples of a head and neck cancer patient

This Data Access Agreement (“Agreement”) between TRON gGmbH (“TRON”), Freiligrathstrasse 12, 55131 Mainz, and User Institution (as defined below) governs access to the managed access Data (details of which are set out in Annex I), to which the User Institution has requested access.

In signing this agreement, the User and User Institution agree to be bound by the following terms and conditions.: 1. The User and User Institution agree to use the data only for Scientific Research Purposes towards the advancement of medical science and not for any commercialization purposes. 2. The User and User Institution agree to only use these Data for the purpose of the Project (described in Annex II). The User Institution further agrees that it will only use these Data for Scientific Research Purposes which are within the limitations (if any) set out in Annex I. 3. The User and User Institution agree to preserve, at all times, the confidentiality of these Data. In particular, it undertakes not to use, or attempt to use these Data to compromise or otherwise infringe the confidentiality of information on Research Participants. Without prejudice to the generality of the foregoing, the User Institution agrees to use at least the measures set out in Annex I to protect these Data. 4. The User and User Institution agree to protect the confidentiality of Research Participants in any research papers or publications that they prepare by taking all reasonable care to limit the possibility of identification. The User and User Institution shall be free to publish the results of the research using the Data for the Project. Furthermore, the User and User Institution agree to acknowledge in any such publication that the research makes use of the Data generated by TRON gGmbH. 5. The User and User Institution accept that the Data are subject to national and international laws, including but not limited to the German Data Protection Law and the European General Data Protection Regulation (GDPR), and that the User and User Institution are responsible for ensuring compliance with the same. Therefore the User and User Institution agree to use the Data in accordance with all such applicable laws, and agree not to link or combine these Data to other information or archived data available in a way that could re-identify the Research Participants, even if access to that data has been formally granted to the User Institution or is freely available without restriction. 6. The User and User Institution agree only to transfer or disclose these Data, in whole or part, or any material derived from these Data, to the Authorized Personnel. Should the User Institution wish to share these Data with an External Collaborator, the External Collaborator must complete a separate application for access to these Data. 7. The User and User Institution understand and acknowledge that the Data are protected by copyright and other intellectual property rights, and that duplication, except as reasonably required to carry out the Project with the Data, or sale of all or part of the Data on any media is not permitted. 8. The User and the User Institution recognize that nothing in this Agreement shall operate to transfer to the User Institution any intellectual property rights relating to the Data. Thus, the User and User Institution agree not to make intellectual property claims on the Data and not to use intellectual property protection in ways that would prevent or block access to, or use of, any element of these Data, or conclusion drawn directly from these Data. 9. The User and User Institution have the right to develop intellectual property based on the comparison with their own Data and any downstream discoveries. In this case, the User Institution agrees to implement licensing policies that will not obstruct further research and to follow the D.S. National Institutes of Health's, Best Practices for the Licensing of Genomic Inventions or a similar guideline that conforms with the OECD, Guidelines for the Licensing of the Genetic Inventions. 10. The User Institution agrees that the Data Producers, and all other parties involved in the creation, funding or protection of these Data: a) make no warranty or representation, express or implied as to the accuracy, quality or comprehensiveness of these Data; b) exclude to the fullest extent permitted by law all liability for actions, claims, proceedings, demands, losses (including but not limited to loss of profit), costs, awards damages and payments made by the Recipient that may arise (whether directly or indirectly) in any way whatsoever from the Recipient’s use of these Data or from the unavailability of, or break in access to, these Data for whatever reason and; c) bear no responsibility for the further analysis or interpretation of these Data. 11. The User and User Institution agree not to make intellectual property claims on these Data and not to use intellectual property protection in ways that would prevent or block access to, or use of, any element of these Data, or conclusion drawn directly from these Data. 12. The User and User Institution agree to destroy/discard the Data held, once it is no longer used for the Project, unless obliged to retain the data for archival purposes in conformity with audit or legal requirements. 13. The User and User Institution will notify TRON gGmbH immediately of any changes or departures of Authorized Personnel. 14. The User and User Institution will notify TRON gGmbH prior to any significant changes to the protocol for the Project. 15. The User and User Institution will notify TRON gGmbH as soon as it becomes aware of a breach of the terms or conditions of this agreement. 16. TRON gGmbH may terminate this agreement for any reason by written notice to the User Institution. If this agreement terminates, the User Institution will be required to destroy any Data held, including copies and backup copies. This clause does not prevent the User Institution from retaining these data for archival purpose in conformity with audit or legal requirements. 17. The User and User Institution accept that it may be necessary for the Data Producers to alter the terms of this agreement from time to time. As an example, this may include specific provisions relating to the Data required by Data Producers other than TRON gGmbH. In the event that changes are required, the Data Producers or their appointed agent will contact the User and User Institution to inform it of the changes and the User Institution may elect to accept the changes or terminate the agreement. 18. If requested, the User and User Institution will allow data security and management documentation to be inspected to verify that it is complying with the terms of this agreement. 19. The User and User Institution agrees to distribute a copy of these terms to the Authorized Personnel. The User Institution will procure that the Authorized Personnel comply with the terms of this agreement. 20. This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of this Agreement or its formation) shall be construed, interpreted and governed by the laws of Germany and shall be subject to the exclusive jurisdiction of the German courts. 21. This Agreement shall be effective as of the date of the last party to sign below ("Effective Date") and shall terminate three years after the Effective Date, unless terminated sooner. Upon termination, the User and User Institution will be required to destroy any Data held in accordance with clause 12 above.