Longitudinal WES data from MEMORI trial

• NPUNCU DUO:0000018 (version: 2021-02-23)not for profit, non commercial use onlyThis data use modifier indicates that use of the data is limited to not-for-profit organizations and not-for-profit use, non-commercial use.
• GRU DUO:0000042 (version: 2021-02-23)general research useThis data use permission indicates that use is allowed for general research use for any research purpose.

Technical University Hospital Munich Data Sharing Policy

D A T A S H A R I N G A G R E E M E N T between Klinikum rechts der Isar der Technischen Universität München represented by its Commercial Director Marie le Claire Department conducting the Study: Head of Department: Prof. Roland Schmid Responsible Scientist: Michael Quante, Melissa Barroux Ismaninger Str. 22, 81675 München - hereinafter referred to as “MRI“ - and Name Adress represented by - hereinafter referred to as “RECIPIENT” - MRI possesses certain data WES and RNA-Seq bam files from clinical MEMORI study (”DATA”). RECIPIENT is interested in obtaining DATA and wants to use DATA for research purposes (“short description of the project”). MRI is willing to provide said DATA to RECIPIENT and will grant to RECIPIENT the non-exclusive right to use the DATA for (research), but does not wish to waive any of its intellectual property rights that may be connected to the DATA. Now therefore the parties agree as follows: (1) RECIPIENT agrees that the DATA: a) is to be used solely for the Research and not for Commercial Purposes, b) is to be used only at the RECIPIENT organisation and only in the RECIPIENT SCIENTIST's laboratory under the supervision of the RECIPIENT SCIENTIST or others working under his/her supervision; and c) will not be transferred to anyone else within the RECIPIENT organisation without the prior written consent of the MRI. (2) MRI makes no express or implied representation or warranty as to the accuracy, completeness or utility of the DATA. (3) Except to the extent prohibited by law, RECIPIENT assumes liability for damages which may arise from its use, storage or disposal of the DATA. MRI will not be liable to the RECIPIENT for any loss, damage, claim or demand made by RECIPIENT, or made against RECIPIENT by any other party, due to or arising from the DATA or the use thereof, by RECIPIENT, except to the extent permitted by law and when caused by the gross negligence or wilful misconduct of MRI. (4) RECIPIENT and RECIPIENT SCIENTIST agree to keep the DATA and all information in connection thereto as received by MRI confidential during the term of this agreement and for five years thereafter. However, RECIPIENT shall be free to publish its research relating to the DATA. Such publication shall include reference to said DATA received from MRI, and brief information regarding said DATA, as required by the standards of scientific publication in the field of research or RECIPIENT. Any intent by RECIPIENT to publish findings relating to the DATA shall be timely reported to MRI. MRI may, upon written notice, request that publication of research findings be withheld for a period of 30 days. RECIPIENT agrees to provide appropriate acknowledgement of the source of the DATA in all publications. The secrecy obligation does not apply to information as can be established by reasonable proof which a) was already known to RECIPIENT or independently developed by him prior to the disclosure of the information by MRI ; or b) was or becomes public knowledge through no fault of RECIPIENT; or c) was obtained by RECIPIENT from a third party entitled to use and disclose the same as a matter of right; or c) RECIPIENT is required by law to disclose; in any such case he has to inform without undue delay MRI in advance. (5) For the avoidance of doubt, RECIPIENT has no right to use any part of the DATA to develop its own technology, to seek patent protection for it (whether or not in combination with other technology) or to commercialize the DATA or aspects of it in any other way unless otherwise agreed upon by MRI in writing. RECIPIENT will pay MRI an amount of € xxxx plus Overhead (€ xxxxx) after the receipt of the DATA and an invoice to the following Bank Account: Holder of account: Klinikum rechts der Isar Account-no.: 20272 Bank Code: 70050000 Bank: Bayerische Landesbank BIC: BYLA DEMM IBAN: DE82 7005 0000 0000 0202 72 Note to payee: 889____________________(will be added in hand-writing) (6) This Agreement represents the entire agreement between the parties regarding the subject matter hereof and shall supersede all previous communications, representations, understandings and agreements, whether oral or written, by or between the parties with respect to the DATA, whether heretofore or hereafter disclosed to RECIPIENT. (7) Date of Termination: (8) Any notice or other form of communication between the parties shall be in writing and be addressed to the addresses specified above. (9) This Agreement shall be governed by and construed in accordance with the laws of Germany and the parties hereby submit to the non-exclusive jurisdiction of Munich, Germany. * * * * MRI: Munich, ____________ RECIPIENT: Place, Date _______________ _________________________ Commercial Director Read and understood: _________________________ _________________________ authorised signatory Responsible Scientist _________________________ Head of Department