Cellular Analysis of Resistance and Evolution in IDH-mutant glioma

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 Authorized Personnel: The individuals at the User Institution to whom Yale University grants access to the Data. This includes the User and the individuals listed in Appendix II. Data: The managed access datasets to which the User Institution has requested access. Data Provider: Yale University. 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. Recipient: Shall include the User, User Institution and all Authorized Personnel who has access to the data. Research Participant: An individual whose data form part of these Data. Research Purposes: Shall mean academic research that is seeking to advance the understanding of ________________, and which shall not include any commercial use. User: The principal investigator for the Project. User Institution(s): The Institution that has requested access to the Data. Yale University: A Non-profit academic institution of higher education located in Connecticut 1. 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. 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. 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. 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. 5. The User Institution agrees 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. 6. The User Institution agrees that the Data Provider, 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. 7. The User Institution agrees to follow the Fort Lauderdale Guidelines (http://www.wellcome.ac.uk/stellent/groups/corporatesite/@policy_communications/documents/web_document/wtd003207.pdf ) and the Toronto Statement (http://www.nature.com/nature/journal/v461/n7261/full/461168a.html). This includes but is not limited to recognizing the contribution of the Data Provider and including a proper acknowledgement in all reports or publications resulting from the use of these Data. 8. The User Institution agrees to follow the Publication Policy as follows: Recipient is encouraged to make publicly available the results of the Project. Before Recipient submits a paper or abstract for publication or otherwise intends to publicly disclose information about the results of the Project, the Provider will have thirty (30) days from receipt to review proposed manuscripts and ten (10) days from receipt to review proposed abstracts to ensure that the Data is appropriately protected. Provider may request in writing that the proposed publication or other disclosure be delayed for up to thirty (30) additional days as necessary to protect proprietary information. In any publications based on these data, please describe how the data can be accessed, including the name of the hosting database (e.g., The European Genome-phenome Archive at the European Bioinformatics Institute) and its accession numbers (e.g., EGAS00000000029), and acknowledge its use in a form agreed by the User Institution with Yale University. 9. 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. 10. The User Institution agrees 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. 11. The User Institution will notify Yale University within 30 days of any changes or departures of Authorized Personnel. 12. The User Institution will notify Yale University prior to any significant changes to the protocol for the Project. 13. The User Institution will notify Yale University as soon as it becomes aware of a breach of the terms or conditions of this agreement. 14.Yale University may terminate this agreement by written notice to the User Institution. If this agreement terminates for any reason, 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. 15. The User Institution accepts that it may be necessary for the Data Provider to alter the terms of this agreement from time to time. In the event that changes are required, the Data Provider or their appointed agent will contact the User Institution to inform it of the changes and the User Institution may elect to accept the changes or terminate the agreement. 16. If requested, the User Institution will allow data security and management documentation to be inspected to verify that it is complying with the terms of this agreement. 17. The 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. 18. Yale University will not be liable to the Recipient for any loss, claim, or demand made by the Recipient, or made against the Recipient by any other party, due to or arising from the use of the Data by the Recipient, except to the extent permitted by law when caused by the gross negligence or willful misconduct of the Provider. Except to the extent prohibited by law, the Recipient assumes all liability for damages which may arise from its use, storage, disclosure, or disposal of the Data. Except to the extent prohibited by law, the Recipient shall indemnify Yale University for: (a) Recipient’s use, storage, or disposal of the data, (b) recipient’s breach of this Agreement, and (c) Recipient’s violation of applicable law relating to this Agreement. 19. Neither party shall use the other party’s name, trademarks, or other logos in any publicity, advertising, or news release without the prior written approval of an authorized representative of that party. The parties agree that each party may disclose factual information regarding the existence and purpose of the relationship that is the subject of this Agreement for other purposes without written permission from the other party provided that any such statement shall accurately and appropriately describe the relationship of the parties and shall not in any manner imply endorsement by the other party whose name is being used. 20. Compliance with U.S. Federal Law on Sensitive Personal Data. Pursuant to 28 CFR Part 202 and the NIH Policy on Enhancing Security Measures for Human Biospecimens, Notice Number: NOT-OD-25-160, Release Date: September 24, 2025, Recipient agrees, represents, and warrants, with respect to the subject matter herein, that: a) Recipient including Recipient’s employees, agents, or other parties related to the subject matter herein, is not a Covered Person; b) Recipient shall not transfer, directly or indirectly, any Yale University provided “bulk U.S. sensitive personal data” (as defined in 28 CFR Part 202, which includes any anonymized, pseudonymized, de-identified or encrypted form) in violation of 28 CFR Part 202; c) if Recipient is a Foreign Person, it shall not engage in a subsequent covered data transaction involving data brokerage of the same Yale-provided bulk U.S. sensitive personal data with a Country of Concern or Covered Person; d Recipient shall not directly or indirectly distribute any “human biospecimens” (as defined in the NIH Policy) from U.S. persons received from Yale University to Countries of Concern, institutions or parties located in Countries of Concern, or to Covered Persons; e) Recipient shall promptly notify Yale if Recipient knows or suspects a Country of Concern or Covered Person has gained access to any Yale provided data or biospecimens; and f) Recipient shall not evade or avoid, cause a violation of, or attempt to violate any of the prohibitions set forth in this subsection as codified by Executive Order 14117 or 28 CFR Part 202. For purposes of this subsection, “Countries of Concern”, “Covered Persons”, and “Foreign Person” are defined by 28 CFR Part 202. The parties acknowledge that certain transfers of biospecimens to institutions or parties located in Countries of Concern may be permitted by applicable law, and the parties shall confer and agree in writing in advance of any such transfer. Recipient acknowledges that Yale provided sensitive personal data may rise to the level of “bulk U.S. sensitive personal data” due to a series of transactions over any twelve (12)-month period involving the sale, provision of access to, or similar commercial transaction involving the same type of sensitive personal data.