HEMa_LP

• GRU-CC DUO:0000005 (version: 2019-01-07)general research use and clinical careThis data use limitation indicates that use is allowed for health/medical/biomedical purposes and other biological research, including the study of population origins or ancestry.
• RU DUO:0000014 (version: 2019-01-07)research use onlyThis data use limitation indicates that use is limited to research purposes (e.g., does not include its use in clinical care).

This document describes the policy for use of data from the Hong Kong Epigenomics Project (EpiHK), referring to anonymized epigenomics data from EpiHK scope of research.

POLICY ON DATA USE FOR NON-PROFIT RESEARCH PURPOSES This document describes the policy for use of data from the Hong Kong Epigenomics Project (EpiHK), referring to anonymized epigenomics data from EpiHK scope of research. The institution requesting for data (“Recipient”) is expected to obtain from EpiHK such Data for non-profit research purposes (“Research”). 1. Ownership The EpiHK member institution providing the Data remain title and all rights to the Data generated from the institution, subject to the rights granted herein. Nothing contained within this Policy shall restrict respective institution’s right to distribute the Data to other commercial or non-commercial entities. 2. Use Recipient agrees that the Data: a. Shall be used for scientific research purposes only; and b. Shall not be used, directly or indirectly, for commercial purposes, including filing patent applications thereon, except for the purpose described above. 3. Distribution and Control Recipient agrees not to transfer the Data to any third party without the prior written permission of the contributing institution. In addition, Recipient shall obtain acceptance of the terms of this Policy of all persons under its direct control and supervision who have access to the Data. 4. Confidentiality Recipient agrees to use reasonable efforts to hold in confidence, after receipt, all Information received from EpiHK under this Policy, except for Information which: a. was lawfully in Recipient’s possession or control prior to the date of disclosure; or b. was in the public domain or enters into the public domain through no improper act on Recipient 's part or on the part of any of Recipient 's employees; c. is rightfully given to Recipient from sources independent of EpiHK; or d. must be disclosed for minimum lawful compliance with court orders, regulations and statutes; or e. is part of a publication that is subject to Clause 7 or Clause 8 and receives approval for publication by EpiHK. 5. Data Protection The Recipient agrees that it, and its Registered Users, shall not analyse 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. 6. Transfer of Rights NO right or license is granted under this Policy by either party to the other either expressly or by implication, except those specifically set forth herein. It is understood that any and all proprietary rights, including but not limited to patent rights, trademarks and proprietary rights, in and to the Data shall be and remain in EpiHK, subject to the rights granted herein. 7. Inventions If the Research which involves the Data results in an invention, improvement or substance, whether or not patentable (“Inventions”), Recipient agrees to disclose promptly to EpiHK and the data-contributing institution all such Inventions. The parties shall determine the ownership of any Inventions or discovery resulting from the Research using the Data in good faith depending on (a) each party’s relative contribution to the creation of the Inventions, and (b) any applicable laws and regulations relating to the inventorship. As consideration for the receipt of the Data from EpiHK, the Recipient hereby grants to EpiHK and the data-contributing institution 1) a perpetual, royalty-free, non-exclusive worldwide license to all of the Recipient’s right in Inventions and all results of the Research using the Data for non-commercial research or development use or activities. Inventorship of Inventions made in the performance of the Research shall be determined according to the Hong Kong patent law. 8. Publication In order to protect the data-contributing institution's proprietary and/or patent rights to the Data, Recipient agrees to provide the institution with a copy of any manuscript or any proposed publication that makes reference to the confidential Data at least thirty (30) days before it is submitted for publication and shall inform the institution of the content of any proposed oral disclosure or submission. If in the opinion of the institution any such publication describes a patentable Inventions, the institution shall have an opportunity to request that Recipient delay publication until after a patent application has been filed. Recipient shall delay submission of any publication or disclosure of any result, at the request of the institution, for up to an additional sixty (60) days after receipt by institution of the proposed publication, in order to permit filing of a patent application. During the thirty (30) days or if request, sixty (60) days period following the submission of a proposed publication or other disclosure to the institution, Recipient agree to hold all information contained therein in confidence pending the institution’s review and comment. If a publication does result from work using the Data, Recipient agrees to acknowledge the institution and/or give credit to the institution’s scientists, as scientifically appropriate, based on any direct contribution they may have made to the work. Recipient agree that any data in the Research may be used by the institution for the research purposes, to support the institution patent applications, and in preparing regulatory filings, without any compensation to the Recipient. 9. Use of EpiHK’s name Except as set forth in Clause 7, Recipient shall not use the name of EpiHK, or a variant of any of the foregoing in any advertising or publicity matter without the prior written approval of EpiHK. 10. Acknowledgement Recipient must make appropriate acknowledgement of EpiHK in any publications or other disclosures concerning data made available by EpiHK. Recipient should use language similar to the following to accurately acknowledge data provided by EpiHK: Data used in the preparation of this article were obtained from the Hong Kong Epigenomics Project (EpiHK) database. The EpiHK was launched in 2017 as a research consortium, with the primary goal of promoting epigenetics research in the community. For up-to-date information, see epihk.org. 11. Governmental regulations Recipient agrees to comply with all governmental regulations and guidelines which are applicable to the Recipient's use of the Data. Since all of the Data's characteristics are not known, it should be used with caution and prudence. 12. Warranty Recipient acknowledges that the Data is experimental in nature and that it is provided without warranty of merchantability or fitness for a particular purpose or any other warranty, express or implied. EpiHK makes no representation that the use of the Data will not infringe any patent, copyright, trademark or other proprietary right. 13. Liability In no event shall EpiHK be liable for any use of the Data by Recipient. To the extent permitted by all governmental laws, Recipient hereby agrees to defend, indemnify and hold EpiHK harmless from any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from Recipient's acts in connection with this Policy or the Recipient's use, handling or storage of the Data.