Data Use Agreement
This Data Use Agreement (“Agreement”) is effective as of
(“Effective Date”). The party receiving access to the Data (as defined in 3.) is
(“Recipient”), a researcher at
(“Recipient Institution”), with a principal place of business at
. The party holding the Data is Massachusetts Institute of Technology (“Holder”), with a principal place of business at 77 Massachusetts Ave, Cambridge, MA 02139.
Recipient requests access to the Data for the purposes of carrying out a study entitled
(“Purpose”), under the direct supervision of
in accord with the Health Insurance Portability and Accountability Act (“HIPAA”) Regulations.
For purposes of the Agreement, the Data refers to all files and information transferred including but not limited to in-home gait data, clinical assessments, and demographic information as well as all metadata in the Data repository that will be shared upon execution of this data use agreement.
By accepting this Agreement, Recipient warrants that all institution-required approvals are in place for the use of the Data. Such approvals may include, as applicable, Institutional Review Board (“IRB”) approval and approval of the terms and conditions of this Agreement.
Holder shall prepare and furnish to Recipient a de-identified data in accord with the United States HIPAA Privacy Regulations.
In consideration of Holder making available the Data to Recipient, Recipient agrees:
To use and disclose the Data only as permitted by this Agreement and in accordance with the recipients IRB, as applicable, or as required by law.
To use the Data only in furtherance of the Purpose.
To not sell or otherwise commercialize the Data.
To not use the Data use for any marketing, fundraising or unlawful purpose.
To use appropriate safeguards to prevent use or disclosure of the Data other than as permitted by this Agreement or required by law.
To not use the information in the Data, alone or in combination to identify or contact the individuals who are data subjects. If such re-identification occurs, Recipient shall immediately inform Holder and destroy all copies of the Data.
To report to Holder and to Federal and state agencies, as appropriate, any use or disclosure of the Data not provided for by this Agreement of which it becomes aware, including, without limitation, any unauthorized disclosure to subcontractors, within five (5) days of its awareness.
To require any of its research staff who have access to or received the Data to agree to the same restrictions and conditions on the use and/or disclosure of the data that apply to Recipient under this Agreement; and
To destroy Data upon request by the Holder.
Recipient uses the Data at Recipient’s own risk. Recipient acknowledges that the Data is of an experimental nature and is being provided AS IS, WITHOUT WARRANTY OR REPRESENTATIONS (including as to fitness for a particular purpose, accuracy, efficacy, completeness, capabilities or safety, or non-infringement on third party proprietary rights or any other warranties or representations whether express or implied); all warranties and representations with respect to the Data are hereby excluded to the greatest extent permissible by law. Neither Holder nor its employees, servants or agents shall have any liability whether in contract, tort, and statute or otherwise in connection with Recipient’s use of the Data.
For use of Data that results in a publication or other public presentation, Recipient is required to:
Acknowledge the Udall, MJFF, and their funding sources in the Acknowledgments section using the following, or a substantially similar statement: (acknowledgement to be added )
Include the following citation in the methods section: (citation to be added)
Notify Holder of any publication submissions (including submission title, first and last author, and the journal submitted to) related to Recipient’s use of the Data to confirm that a. and b. above have been faithfully executed in the manuscript.
The determination of the rights of ownership and disposition of inventions resulting from the performance of the research under this Agreement shall be made in accordance with the US standard Rules of inventorship and subject to the provisions of 37 CFR 401, et seq.
Term and Termination
The term of this Agreement shall commence as of the Effective Date and terminate three (3) years from Effective Date. Should the Recipient desire to keep the data for a longer period, a justification in writing should be made to the Holder.
Recipient may terminate this agreement at any time by notifying the Holder and returning or destroying the Data.
Holder may terminate this agreement at any time by providing ten (10) days prior written notice to Recipient.
Recipient understands that failure to abide by these terms and conditions will result in termination of their privileges to access the Data.
By signing this Agreement, Recipient certifies that they accept the terms on behalf of Recipient Institution.