Whole-exome sequencing of breast cancer metastasis and corresponding blood samples

metaBreast Database DATA ACCESS AGREEMENT

This agreement governs the terms on which access will be granted to the metaBreast whole exome data generated by Gustave Roussy, Unicancer and Institut Curie, which are French entities involved in the research in the field of oncology. In signing this agreement, You are agreeing 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”. Definitions: Consortium means the metaBreast work group established between Gustave Roussy, Unicancer and Institut Curie for the implementation of the metaBreast database. Data means all and any whole exome data provided by Gustave Roussy, Unicancer or Institut Curie and registered in the metaBreast database for research community. Data Access Committee means the committee composed by representatives from Gustave Roussy, Unicancer and Institut Curie, which decides for the different access requests to the metaBreast database.Data Subject means a person, who has been informed of the purpose for which the Data is held and has given his/her informed consent thereto. Intellectual Property means (i) patents, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, know-how and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.Research shall mean the research purpose described in Schedule 2 of this present agreement and approved by the Data Access Committee.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 organization at which the User is employed, affiliated or enrolled. Terms and Conditions: In signing this Agreement: 1. You agree to use the Data only for the Research. 2. You agree not to use the Data for the creation of products for sale or for any commercial purpose. 3. You agree to preserve, at all times, the confidentiality of Data, information related to Data, information 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. You shall take all reasonable security precautions to keep the Data confidential, such precautions to be no less onerous than those applied in respect of the Institution User’s own confidential information.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 committee. 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 program management. Should You wish to share the Data with a collaborator out with 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 Research described in your application; use of the Data for a new purpose or project will require a new application and approval from the Data Access Committee. 7. 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. 8. You agree to abide by the terms outlined in the Consortium 'Publications Policy' as set out in Schedule 1. 9. 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 Consortium and the relevant primary collectors and their funders. 10. You accept that the Consortium, 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. 11. 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. 12. You recognize 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 their own data. 13. 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. 14. You accept that it may be necessary for the Consortium or its appointed agent(s) to alter the terms of this agreement from time to time in order to address new concerns. In this event, the Consortium 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. 15. You agree that you will submit a report to the Data Access Committee on completion of the agreed purpose. The Data Access Committee agrees to treat the report and all information, data, results, and conclusions contained within such report as confidential information belonging to the User Institution. 16. You accept that the Data is protected by and subject to the French laws including, but not limited to, personal data protection rules, and that You are responsible for ensuring compliance with any such applicable laws. In particular, the User and the Institution User understand their duties under such legislation in relation to the handling of Data and the rights of Data Subjects. You shall not analyze or make any use of the Data in such a way that has the potential to:(a) lead to the identification of any Data Subject; or(b) compromise the anonymity of any Data Subject in any way.The 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 the French laws. 17. This agreement shall be construed, interpreted and governed by the laws and courts of France. SCHEDULE 1 Publications Policy Authors/researchers who use results arising from the Research must acknowledge the Consortium using the following wording "This study makes use of whole exome data generated by Gustave Roussy, Unicancer and Institut Curie and registered jointly in the metaBreast database for scientific community”. Users should note that such Consortium bears no responsibility for the further analysis or interpretation of these data, over and above that published by the Consortium.