Bulk ATAC-seq for AML cell lines

DATA ACCESS AGREEMENT These terms and conditions govern access to the managed access datasets (details of which are set out in Appendix I) to which the User Institution has requested access. The User Institution agrees to be bound by these terms and conditions. Definitions ● Authorised Personnel: The individuals at the User Institution to whom Kyoto University grants access to the Data. This includes the User, the individuals listed in Appendix II and any other individuals for whom the User Institution subsequently requests access to the Data. Details of the initial Authorised Personnel are set out in Appendix II. ● Data: The managed access datasets to which the User Institution has requested access. ● Data Producers: Kyoto University and the collaborators listed in Appendix I responsible for the development, organisation, and oversight of these Data. ● External Collaborator: A collaborator of the User, working for an institution other than the User Institution. ● Project: The project for which the User Institution has requested access to these Data. A description of the Project is set out in Appendix II. ● Publications: Includes, without limitation, articles published in print journals, electronic journals, reviews, books, posters and other written and verbal presentations of research. ● Research Participant: An individual whose data form part of these Data. ● Research Purposes: Shall mean research that is seeking to advance the understanding of genetics and genomics, including the treatment of disorders, and work on statistical methods that may be applied to such research. ● User: The principal investigator for the Project. ● User Institution(s): The Institution that has requested access to the Data. ● Kyoto University: A national university corporation organized and existing under the laws of Japan, having its principal office at 36-1, Yoshida-honmachi, Sakyo-ku, Kyoto-shi, Kyoto 606-8501, Japan Terms and Conditions 1. Purpose of Use The User Institution agrees to only use these Data for the purpose of the Project (described in Appendix II) and only for Research Purposes. The User Institution further agrees that it will only use these Data for Research Purposes which are within the limitations (if any) set out in Appendix I. 2. Confidentiality The User Institution agrees 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 Appendix I to protect these Data. 3. Confidentiality in Publications The User Institution agrees 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. 4. Prohibition of Re-identification The User Institution agrees 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. Under no circumstance shall the User Institution or Authorised Personnel use the Data or any other information to identify or contact the Research Participants (data subjects). 5. Data Transfer and Sharing 5.1 The User Institution agrees only to transfer or disclose these Data, in whole or part, or any material derived from these Data, to the Authorised 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. 5.2 If the User Institution is located outside the EU/EEA or Japan, or intends to disclose or transfer the Data (or any part thereof) to Authorised Personnel located outside these regions, the User Institution must obtain prior written approval from Kyoto University, which may be subject to the prior consent of the original data provider (Karolinska Institutet). 5.3 Should the User Institution wish to share the Data with a collaborator within the same Institution, such internal collaborator must make a separate application for access to the Data. 6. Commercial Restrictions The User Institution agrees not to use the Data or any part thereof for the creation of products for sale or for any commercial purpose. 7. Project Scope and Changes The User Institution agrees to use the Data solely for the approved purpose and project described in its application; use of the Data for a new purpose or project will require a new application and approval. 8. Data Versioning and Destruction of Older Versions The User Institution accepts that Data will be reissued from time to time, with suitable versioning. If the reissue is at the request of sample donors and/or other ethical scrutiny, the User Institution will destroy earlier versions of the Data. 9. Publication Policy The User Institution agrees to follow the Publication Policy in Appendix III. This includes respecting the moratorium period for the Data Producers to publish the first peer-reviewed report describing and analysing these Data. 10. Acknowledgement 10.1 The User Institution agrees to acknowledge in any work based in whole or part on the Data, the published paper from which the Data derives, the version of the Data, and the role of the Project Team (refer to Appendix I). Suitable wording is provided in the Publications Policy given in Appendix III. 10.2 To the extent the Data includes datasets originating from Karolinska Institutet (KI, and such datasets are indicated as “including Sweden samples” in APPENDIX I), the User Institution agrees to expressly note the contribution of KI and its researchers by co-authorship or acknowledgement as appropriate. Authorship and acknowledgement of all publications based on such Data shall be in accordance with the most recent recommendations of the International Committee of Medical Journal Editors (ICMJE). 11. Disclaimer and Limitation of Liability 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 User Institution that may arise (whether directly or indirectly) in any way whatsoever from the User Institution'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. 12. Copyright and Reproduction Restrictions The User Institution understands and acknowledges that the Data may be protected by copyright and other intellectual property rights, and that duplication, except as reasonably required to carry out its research with the Data, or sale of all or part of the Data on any media is not permitted. 13. Intellectual Property and Downstream Inventions 13.1 The User Institution recognises that nothing in this agreement shall operate to transfer to the User Institution any intellectual property rights relating to the Data. The User Institution has the right to develop intellectual property based on comparisons with its own data. 13.2 Notwithstanding foregoing, the User Institution agrees 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. 13.3 The User Institution can elect to perform further research that would add intellectual and resource capital to these Data and decide to obtain intellectual property rights on these downstream discoveries. In this case, the User Institution agrees to implement licensing policies that will not obstruct further research and to follow the U.S. National Institutes of Health Best Practices for the Licensing of Genomic Inventions (2005) in conformity with the Organisation for Economic Co-operation and Development Guidelines for the Licensing of the Genetic Inventions (2006). 14. Authorized Personnel Management The User Institution will notify Kyoto University within 30 days of any changes or departures of Authorised Personnel. 15. Distribution and Compliance of Terms The User Institution agrees to distribute a copy of these terms to the Authorised Personnel. The User Institution will procure that the Authorised Personnel comply with the terms of this agreement. 16. Breach Notification The User Institution will notify Kyoto University and Project Team immediately, and in any event within two (2) business days, as soon as it becomes aware of any breach of the terms or conditions of this agreement, including but not limited to any unauthorized access to, use, or disclosure of the Data (Personal Data breach). The User Institution shall thoroughly document all facts relating to such breach and remedial actions taken. 17. Termination and Destruction of Data Kyoto University may terminate this agreement by written notice to the User Institution. If this agreement terminates for any reason, or at the request of Kyoto University (including requests originating from the original data provider, Karolinska Institutet), the User Institution will be required to destroy any Data held, including copies and backup copies. 18. Amendments The User Institution accepts that it may be necessary for the Data Producers am or its appointed agent to alter the terms of this agreement from time to time in order to address new concerns. In this event, the Data Producers or its appointed agent will contact the User Institution to inform it of any changes, and the User Institution agrees that its continued use of the Data shall be dependent on the parties entering into a new version of the Agreement. 19. Completion Report The User Institution agrees that it will submit a report to the Project Team, if requested, on completion of the agreed purpose. The Project Team agrees to treat the report and all information, data, results, and conclusions contained within such report as confidential information belonging to the User Institution, if indicated as “Confidential”. 20.Administrative communications Any request and communication concerning the provisions of this Agreement shall be addressed to the following addresses: if to User Institution: [Name or Title] Email: with a copy to: 21. Audit and Inspection Rights The User Institution accepts that the Data is protected by and subject to international laws and that it is responsible for ensuring compliance with any such applicable law. Kyoto University and/or the Project Team reserves the right to request and inspect data security and management documentation to ensure the adequacy of data protection measures in countries that have no national laws comparable to that which pertain in Japan. 22. Indemnification The User Institution agrees to hold the Data Subject(s) and Data Producers harmless and to defend and indemnify all these parties against all liabilities, demands, damages, expenses, and losses arising out of its use for any Purpose of the Data. 23. Term and Renewal The duration of this agreement is 3 years from the date of the last signature hereto. Unless either party provides written notice of non-renewal to the other party at least 30 days prior to the expiration of the then-current term, this Agreement shall automatically renew for successive periods of 1 year. 24. Governing Law and Jurisdiction This agreement shall be construed, interpreted and governed by the laws of Japan and shall be subject to the non-exclusive jurisdiction of the Japanese courts.