EGAD00010000604

Data Access Policy for DNA methylation data in the Lothian Birth Cohorts of 1291 and 1936

2.Use of the Data 2.1You acknowledge and agree that only the Recipient Scientist(s) is/are permitted to have access to and to use the Data. The Recipient Scientist(s) will access and use the Data solely for the purpose of carrying out the Project and will not access or use the Data for any other purpose without prior written consent from Edinburgh. 2.2You will comply with all security and operating requirements notified to you by Edinburgh and will use the Data in accordance with all applicable laws, regulations and research governance.2.3You undertake to make no attempt to link the Data to other datasets held by different recipients or by You for different projects, without prior written consent from Edinburgh, or to use the Data to identify the Data subjects.2.4You will not use the Data for any commercial purpose or any purpose that is subject to consulting or licensing obligations to third parties without prior written consent from Edinburgh.3.Ownership of Data, Derived Data and Intellectual Property 3.1The Data and all intellectual property rights therein will remain the property of Edinburgh at all times and no right, title or interest in or to the Data is granted to You other than as expressly set out in this Agreement.3.2The Derived Data and all intellectual property rights therein will be owned by Edinburgh. Edinburgh agrees to provide You with a copy of the Derived Data and hereby grants to You a non-exclusive, royalty-free perpetual licence (with the right to grant sub-licences) to use the Derived Data for education and research purposes.4.Confidentiality4.1You shall keep confidential the Data and any Confidential Information for so long as such Data and/or Confidential Information remain confidential in nature, notwithstanding termination or expiry of this Agreement. 4.2The obligation in Clause 4.1 shall not apply where You can prove that the Data and/or Confidential Information:(a)has become public knowledge, other than through an unauthorised disclosure by You;(b)was already known to You prior to disclosure by Edinburgh or was independently developed by You without use of or recourse to the Data and/or Confidential Information;(c)was disclosed to You by a third party not under any obligation of confidence to Edinburgh; or(d)is required to be disclosed by law or by requirement of a regulatory body or court order.5.Publications You agree that any publications made by You of results arising from Your analysis of the Data will be made jointly with Edinburgh and will be produced in accordance with normal academic practice including (without limitation) appropriate acknowledgement of co-authors, any published paper from which the Data derives, the version of the Data used, the role of Edinburgh, the relevant primary collectors of the Data and their funders.6.DISCLAIMERS 6.1YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO, AND USE OF, THE DATA AND DERIVED DATA IS PROVIDED BY EDINBURGH ON AN “AS IS” BASIS. EDINBURGH GIVES NO WARRANTY, EXPRESS OR IMPLIED, THAT:-(a)THE DATA AND DERIVED DATA IS ACCURATE OR COMPLETE;(b)THE DATA AND DERIVED DATA IS FIT FOR ANY PARTICULAR PURPOSE; (c)YOUR USE OF THE DATA AND DERIVED DATA WILL NOT INFRINGE ANY THIRD PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS.6.2EACH PARTY AGREES THAT NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT HOWSOEVER CAUSED.6.3Nothing in this Agreement excludes, restricts or otherwise limits either party’s liability for any death or personal injury arising from its negligence or for any loss suffered by the other party as a result of it’s fraud.7.Term and Termination of Access7.1You agree that You will access the Data during the Term only. You accept and agree that:(a)Edinburgh may terminate Your access to the Data forthwith upon any breach of this Agreement by You; and(b)Edinburgh may terminate Your access to the Data upon giving You one month’s written notice.7.2On termination or expiry of this Agreement You shall immediately destroy all tangible copies of the Data in Your possession and (to the extent possible to do so) delete all copies of the Data from Your computer systems and confirm in writing to Edinburgh that this has been done. 7.3You acknowledge and agree that the provisions of this Agreement will continue in full force and effect following expiry of the Term or termination of Your access to the Data by Edinburgh pursuant to Clause 7.1.