Non-Endorsement, Indemnification. The Requester and Approved Users acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of controlled-access data obtained through the attached DAR, the NIH and Submitting Investigator(s) do not and cannot warrant the results that may be obtained by using any data included therein. NIH and all contributors to these datasets disclaim all warranties as to performance or fitness of the data for any particular purpose. No indemnification for any loss, claim, damage, or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that NIH, as an agency of the United States, may be liable only to the extent provided under the Federal Tort Claims Act, 28 USC 2671 et seq.
Non-Endorsement, Indemnification. The Requester and Approved User acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of controlled-access data obtained through the attached DAR, the NIH, the NCI, the NCI DAC, and Contributing Investigators do not and cannot warrant the results that may be obtained by using any data included therein. NIH, the NCI, the NCI DAC, and all contributors to these datasets disclaim all warranties as to performance or fitness of the data for any particular purpose. No indemnification for any loss, claim, damage, or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that NIH, as an agency of the United States, may be liable only to the extent provided under the Federal Tort Claims Act, 28 USC 2671 et seq.
Non-Endorsement, Indemnification. 1. The RECIPIENT and PI acknowledge that although reasonable efforts have been taken to ensure the accuracy and reliability of the Data Set, UTAH and the STUDY investigators do not and cannot warrant the research results or conclusions that may be obtained by using any data included therein. All contributors to the Data Set disclaim all warranties as to performance or fitness of the Data Set for any particular purpose.
2. RECIPIENT and PI agree that they will indemnify and hold harmless UTAH from and against any and all losses, expenses, damages, or injuries that UTAH sustains as a result of, or arising out of a breach of this Agreement by RECIPIENT or PI or their agents or subcontractors, including but not limited to any unauthorized use or disclosure of the Data Set.
Non-Endorsement, Indemnification. The Requester and Approved Users acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of controlled-access data obtained through the attached DAR, the NIH, the eNCI, and Contributing Investigators do not and cannot warrant the results that may be obtained by using any data included therein. NIH, the eNCI, and all contributors to these datasets disclaim all warranties as to performance or fitness of the data for any particular purpose. No indemnification for any loss, claim, damage, or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that NIH, as an agency of the United States, may be liable only to the extent provided under the Federal Tort Claims Act, 28 USC 2671 et seq.
Non-Endorsement, Indemnification. Recipient and Recipient’s PI agree not to claim, infer, or imply United States Government endorsement of the Research Project, the entity, or personnel conducting the Research Project, or any resulting commercial product(s) except as described in section 7.
Non-Endorsement, Indemnification. The RECIPIENT(S) acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of the DATA, the NCI and CLINICAL TRIAL investigators do not and cannot warrant the results that may be obtained by using any DATA included therein. The NCI and all contributors to these DATA disclaim all warranties as to performance or fitness of the DATA for any particular purpose. No indemnification for any loss, claim, damage, or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that the NCI, as an agency of the United States, assumes liability only to the extent provided under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.
Non-Endorsement, Indemnification. Recipient and Recipient’s PI agree not to claim, infer, or imply United States Government endorsement of the Research Project, the entity, or personnel conducting the Research Project, or any resulting commercial product(s) except as described in section 7. Recipient and Recipient’s PI agree to hold the United States Government, XXXX, and all investigator(s) who generated Data and Materials, and the agents and employees of each of them harmless and release them from all liabilities, demands, damages, expenses, and losses arising out of Recipient's or Recipient’s PI’s gross negligence.
Non-Endorsement, Indemnification. The RECIPIENT and PI acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of Research Materials, the NICHD, and STUDY Investigators do not and cannot warrant the results that may be obtained by using any Research Materials included therein. The NICHD and all contributors to these Research Materials disclaim all warranties as to performance or fitness of the Research Materials for any particular purpose. No indemnification for any loss, claim, damage or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that the NIH, as an agency of the United States, assumes liability only to the extent provided under the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.
Non-Endorsement, Indemnification. The Requester and Approved Users acknowledge that although all reasonable efforts have been taken to ensure the accuracy and reliability of controlled-access data obtained through this DAR, the NIH, the NIAGADS Data Use Committee, and Contributing Investigators do not and cannot warrant the results that may be obtained by using any data included therein. NIH, the NIAGADS Data Use Committee, and all contributors to these datasets disclaim all warranties as to performance or fitness of the data for any particular purpose. No indemnification for any loss, claim, damage, or liability is intended or provided by any party under this agreement. Each party shall be liable for any loss, claim, damage, or liability that said party incurs as a result of its activities under this agreement, except that NIH, as an agency of the United States, may be liable only to the extent provided under the Federal Tort Claims Act, 28 USC 2671 et seq. Termination and Violations Upon project close-out, all Approved Users agree to destroy all copies of the requested dataset(s), on both local servers and hardware, and if cloud computing was used, delete the data and cloud images from cloud computing provider storage, virtual and physical machines, databases, and random access archives, except as required by publication practices or law to retain them. The Requester and PI acknowledge that the NIH or the NIAGADS Data Use Committee may terminate this agreement and immediately revoke access to all controlled-access datasets subject to the GDS Policy at any time if the Requester is found to be no longer in agreement with the policies, principles and procedures of the NIH and the NIA Data Use Committee. By signing below, the signee acknowledges that the information in this document has been read and agrees to the terms and conditions prescribed herein. Signature of the Principal Investigator Date Printed name of the Principal Investigator Signature of Institutional Official Date Printed name of the Institutional Official Approved User: A user approved by the relevant Data Access Committee(s) to access one or more datasets for a specified period of time and only for the purposes outlined in the Principal Investigator (PI)’s approved Research Use Statement. The Information Technology (IT) Director indicated on the Data Access Request, as well as any staff members and trainees under the direct supervision of the PI are also Approved Users and must abide by the terms laid out in the Data Use Ce...
Non-Endorsement, Indemnification. Recipient and Recipient’s PI agree not to claim, infer, or imply United States Government endorsement of the Research Project, the entity, or personnel conducting the Research Project, or any resulting commercial product(s) except as described in Section 7. Recipient and Recipient’s PI agree to release the United States Government, Boston University, and all investigator(s) who generated Data and Materials, and the agents and employees of each of them from all liabilities, demands, damages, expenses, and losses arising out of Recipient's use for any purpose. Except where prohibited by law, Recipient agrees to defend and indemnify the United States Government, Boston University, and all investigator(s) who generated Data and Materials, and the agents and employees of each of them for all liabilities, demands, damages, expenses, and losses arising out of Recipient's use for any purpose.
