Common use of Non-Transferability of Data Clause in Contracts

Non-Transferability of Data. The RECIPIENT(S) agree to retain control over the DATA, and further agree not to release or distribute DATA in any form to any entity or individual unless required by the NCI or it is required to be disclosed by law or court order. The RECIPIENT(S) agree to store the DATA on a computer with adequate security controls (see Section 5), and to maintain appropriate control over the DATA at all times. DATA containing individual-level information, in whole or in part, may not be sold to any entity or individual at any point in time for any purpose. The PI agrees that if his or her relationship with the ENTITY terminates and a relationship with a different ENTITY is established during the period of the DUA, a new DRF and DUA from the second ENTITY will need to be submitted and approved before the PI resumes use of the DATA. Any versions of the DATA stored at the first ENTITY must be destroyed. However, if advance written notice and approval by the NCI is obtained to transfer responsibility for the approved Research Plan to a different PI with a relationship with the first ENTITY (if applicable), the DATA may not need to be destroyed.