Common use of Non-Endorsement, Indemnification Clause in Contracts

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 Appendix follows… APPENDIX DEFINITIONS 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 Certificate Agreement.

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 NIA, NIAGADS Data Use Committee, DUC and NADAC 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 CommitteeNADAC. 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 Appendix follows… APPENDIX DEFINITIONS 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 Certificate Agreement.