APIADAD Data Use Agreement
LONI | APIADAD Data Use Agreement
I request access to data collected by the Alzheimer's Prevention Initiative of Autosomal Dominant Alzheimer's Disease Trial (API ADAD) for the purpose of scientific investigation, teaching, or the planning of clinical research studies and acknowledge and agree to the following terms of use:
 
  1. The data Provider shall retain ownership of any rights it may have in the Data, and Recipient does not obtain any rights in the Data except as authorized by the data Provider.
  2. The data Recipient shall not attempt to establish the identity or contact or attempt to contact any of the API ADAD participants or any subjects of the Data. The data Recipient shall never disclose publicly the identity or any uniquely identifying information of any subject contained within or related to the API ADAD Data.
  3. The Data will be used solely to conduct the Project, as described in this request, and solely by Recipient Scientist and Recipient's faculty, employees, fellows, students, and agents ("Recipient Personnel") that have a need to use, or provide a service in respect of, the Data in connection with the described Project and whose obligations of use are consistent with the terms of this Agreement (collectively, "Authorized Persons").
  4. Except as authorized by the data Provider or otherwise required by law, Recipient agrees to retain control over the Data and shall not disclose, release, sell, rent, lease, loan, or otherwise grant access to the Data to any third party, except Authorized Persons, without the prior written consent of Provider. Recipient agrees to establish appropriate administrative, technical, and physical safeguards to prevent unauthorized use of or access to the Data and comply with any other special requirements relating to safeguarding of the Data. The data Recipient agrees to accurately provide information regarding any persons who will use these data or the analyses planned therein upon request of the data Provider in a timely and reasonable manner.
  5. Recipient agrees to use the Data in compliance with all applicable laws, rules, and regulations, as well as all professional standards applicable to human subject research.
  6. 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 data Recipient shall submit the relevant materials to the Provider's Administrative Review Committee (API ARC). The data Provider will have thirty (30) days from receipt to review proposed manuscripts, abstracts, posters, or oral presentations to ensure that the Data and the privacy of all human subjects is appropriately protected. The API ARC's Publication Policy may be provided upon request by the data Recipient.
  7. To further Alzheimer's Disease and related research and to maximize the utility of data generated in part or in full with public funds, the data Recipient agrees to provide raw or generated data from the analysis to the data Provider upon request for the purpose of incorporating into the shareable API ADAD database.
  8. Unless instructed otherwise by the data Provider, the data Recipient agrees to recognize the contribution of the Provider and associated parties in accumulating and funding the Data in public disclosures concerning Recipient's research using the Data, as appropriate in accordance with scholarly standards. The text of the acknowledgement of the data Provider's contribution will be provided by the data Provider and should be included in all written reports of disclosures related to the API ADAD data.
  9. The term of the data Recipient's authorized use of the Data shall be for no less than one (1) year. However, the data Provider may terminate the authorized access and use of the Data prior to one (1) year with thirty (30) days written notice to the other party's Authorized Official; or at any time following one (1) year of authorized use. Upon expiration or early termination of this Agreement, Recipient shall follow the disposition instructions as given by the data Provider, however, that Recipient may retain one (1) copy of the Data to the extent necessary to comply with the records retention requirements under any law, and for the purposes of research integrity and verification. Provider may suspend the transfer of the Data during such thirty (30) day notice period if Provider reasonably believes that Recipient has breached its obligations under this Agreement and Recipient does not promptly cure such breach after notice by Provider of intent to suspend transfer of Data or if Provider reasonably believes the transfer no longer complies with applicable law and regulation.
  10. Except as provided below or prohibited by law, any Data delivered pursuant to this Agreement is understood to be provided "AS IS." PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE DATA WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. Notwithstanding, Provider, to the best of its knowledge and belief, has the right and authority to provide the Data to Recipient for use in the Project.
  11. 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. The Provider 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.
  12. Neither party shall use the other party's name, trademarks, image, 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.
  13. The data Recipient understands that the Laboratory of Neuroimaging, which hosts the API ADAD data, can share user information and system activity with the data Provider and study leadership. The API ADAD leadership or trial team may contact the data Recipient regarding use of the data and regarding any matter discussed here above.
  14. The data Recipient understands that failure to abide by these guidelines may results in termination of access to the Data or in associated uses of the Data.
  15. The data Recipient expressly represents and affirms that the contents of any statements made herein are truthful and accurate and that they are duly authorized to initiate this transaction on behalf of their institution.
  16. Data Recipients approved for access will be asked for an Authorized Official to sign a separate electronic agreement. Access and transfer of data is contingent upon execution of the signed electronic agreement.
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