WES_sarcoma_PDXs

DATA ACCESS AGREEMENT This Data Access Agreement (“Agreement”) governs the terms on which access will be granted to the sequence data generated by the Division of Cancer Evolution National Cancer Center Research Institute Data Access Committee. When signing this Agreement, the User agrees to be bound by the terms and conditions of access set out in this Agreement. For the sake of clarity, the terms of access set out in this Agreement apply both to the User and the User’s Institution (as defined below). User Institution and User are referred to within the Agreement as “You” and “Your” shall be construed accordingly. Definitions: Project team means Division of Cancer Evolution, National Cancer Center Research Institute, Tokyo, Japan. Data means all sequence data set of cancer cell lines, obtained from the Project team. User means a researcher whose User Institution has previously completed this Data Access Agreement and has received acknowledgement of its acceptance. Publications means, without limitation, articles published in print journals, electronic journals, reviews, books, posters and other written and verbal presentations of research. User Institution means the organisation at which the User is employed, affiliated or enrolled. i Terms and Conditions: In signing this Agreement: 1. You agree to use the Data only for the advancement of medical research. 2. You agree not to use the Data or any part thereof for the creation of products for sale or for any commercial purpose. 3. You agree to preserve, at all times, the confidentiality of information and Data pertaining to Data Subjects. In particular, You undertake not to use, or attempt to use the Data to compromise or otherwise infringe the confidentiality of information on Data Subjects and their right to privacy. 4. You agree not to attempt to link the Data provided under this Agreement to other information or archive Data available for the data sets provided, even if access to that Data has been formally granted to You, or it is freely available without restriction, without specific permission being sought from the relevant access committees. 5. You agree not to transfer or disclose the Data, in whole or part, or any identifiable material derived from the Data, to others, except as necessary for data/safety monitoring or programme management. Should You wish to share the Data with a collaborator outside the same Institution, the third party must make a separate application for access to the Data. 6. You agree to use the Data for the approved purpose and project described in Your application; use of the Data for a new purpose or project will require a new application and approval. 7. A Data access account using a non-institutional email address is established if You agree to notify EGA and the Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee within 30 days of any changes of, or departures from the institution specified in Your application. 8. You accept 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, You will destroy earlier versions of the Data. 9. You agree to abide by the terms outlined in the Project team 'Publications Policy' as set out in Schedule 1. 10. You agree 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. Suitable wording is provided in the Publications Policy given in Schedule 1. 11. You accept that the Project team, the original Data creators, depositors or copyright holders, or the funders of the Data or any part of the Data supplied: a) bear no legal responsibility for the accuracy or comprehensiveness of the Data; and b) accept no liability for indirect, consequential, or incidental, damages or losses arising from use of the Data, or from the unavailability of, or break in access to, the Data for whatever reason. 12. You understand and acknowledge that the Data is protected by copyright and other intellectual property rights, and that duplication, except as reasonably required to carry out Your research with the Data, or sale of all or part of the Data on any media is not permitted. 13. You recognise that nothing in this Agreement shall operate to transfer to You any intellectual property rights relating to the Data. You have the right to develop intellectual property based on comparisons with Your own data. 14. You 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 the Data, or conclusion drawn directly from the Data. 15. You can elect to perform further research that would add intellectual and resource capital to the Data and decide to obtain intellectual property rights on these downstream discoveries. In this case, You agree to implement licensing policies that will not obstruct further research, and follow the U.S. National Institutes of Health’s, Best Practices for the Licensing of Genomic Inventions or a similar national guideline that is in conformity with the OECD, Guidelines for the Licensing of the Genetic Inventions. 16. You agree to notify the Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee in writing of any new intellectual property. You agree to, on request, provide a non-exclusive, royalty-free licence to the Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee for their own research and educational uses. 17. You accept that this Agreement will terminate immediately upon any breach of this Agreement by You and You will be required to destroy any Data held. 18. You accept that it may be necessary for the Project team 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 Project team or its appointed agent will contact You to inform You of any changes and You agree that Your continued use of the Data shall be dependent on the parties entering into a new version of the Agreement. 19. Access to the Data is granted for a period of 2 years. Where it is necessary to extend the period of access, You agree to contact the Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee, in advance of the expiry of the period of access. At the end of the period of access, You agree to destroy all copies of the Data, except as required by publication practices or law to retain them. 20. You agree that You will submit a report to the Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee, if requested, on completion of the agreed purpose. The Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee agrees to treat the report and all information, data, results, and conclusions contained within such report as confidential information belonging to You. 21. You accept that the Data is protected by and subject to international laws and that You are responsible for ensuring compliance with any such applicable law. The Division of Cancer Evolution, National Cancer Center Research Institute Data Access Committee 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. This Agreement shall be governed by, and construed and interpreted under the laws of Japan. All dispute pertaining to this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan for the first instance.