Common use of Non-Transferability Clause in Contracts

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets obtained through the attached DAR, and any Data Derivatives of controlled-access datasets, and further agree not to distribute controlled-access datasets and Data Derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access data obtained through the attached DAR and any Data Derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlled-access datasets obtained through the attached DAR and any Data Derivatives of controlled-access datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees that if they change institutions during the access period they will complete the Project Close-out process (See Term 12 for more details) before moving to their new institution. A new DAR, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of Conduct, must be approved by the relevant NIH DAC(s) before controlled-access data may be reaccessed.

Non-Transferability. The Requester and Approved Users User agree to retain control of NIH controlled-access datasets obtained through the attached DAR, DAR and any Data Derivatives derivatives4 of controlled-access datasets, datasets and further agree not to distribute controlled-access datasets and Data Derivatives derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are User is provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies. The Requester and Approved Users User acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access data obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users User agree that controlled-access datasets obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets, in whole or in part, may will not be sold to any individual or organization at any point in time for any purpose. The PI Approved User agrees that if they change institutions during the access period they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification Agreement, in which the new Requester institution agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(s) NCI DAC before controlled-access data may be reaccessedre-accessed. As part of the close-out process, all copies and versions of the datasets retrieved from NIH-designated controlled-access databases as well as any derivatives of controlled-access datasets stored at the Requester and/or CSP must be destroyed and destruction confirmed by the Institutional Signing Official, as described below.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets obtained through the attached DAR, DAR and any Data Derivatives derivatives4 of controlled-access datasets, datasets and further agree not to distribute controlled-access datasets and Data Derivatives derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-controlled- access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will Users are expected to follow all data security practices and other terms of use defined in this Agreementagreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Data Use Certification Agreement and the appropriate research use of controlled-controlled- access data obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlledControlled-access datasets obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees PIs agree that if they change institutions during the access period they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(s) before controlled-controlled- access data may be reaccessedre-accessed. As part of the close-out process, all copies and versions of the datasets retrieved from NIH-designated controlled-access databases as well as any derivatives of controlled-access datasets stored at the institution and/or CSP must be destroyed and destruction confirmed by the Signing Official, as described below.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets obtained through the attached DAR, and any Data Derivatives of controlled-access datasets, and further agree not to distribute controlled-access datasets and Data Derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access data obtained through the attached DAR and any Data Derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlled-access datasets obtained through the attached DAR and any Data Derivatives of controlled-access datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees that if they change institutions during the access period they will complete the Project Close-out process (See Term 12 13 for more details) before moving to their new institution. A new DAR, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of Conduct, must be approved by the relevant NIH DAC(s) before controlled-access data may be reaccessedre- accessed.

Non-Transferability. The Requester and Approved Users User agree to retain control of NIH controlled-access datasets obtained through the attached DAR, DAR and any Data Derivatives derivatives4 of controlled-access datasets, datasets and further agree not to distribute controlled-access datasets and Data Derivatives derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are User is provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies. The Requester and Approved Users User acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access data obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users User agree that controlled-access datasets obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets, in whole or in part, may will not be sold to any individual or organization at any point in time for any purpose. The PI Approved User agrees that if they change institutions during the access period they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification Agreement, in which the new Requester institution agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(s) eNCI DAC before controlled-access data may be reaccessedre-accessed. As part of the close-out process, all copies and 4 Any data containing individual-level information that are generated or inferred from controlled-access datasets (e.g. imputed or annotated data) obtained from NIH-designated data repositories (e.g., dbGaP). versions of the datasets retrieved from NIH-designated controlled-access databases as well as any derivatives of controlled-access datasets stored at the Requester and/or CSP must be destroyed and destruction confirmed by the Institutional Signing Official, as described below.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets obtained through the attached DAR, and any Data Derivatives of controlled-access datasets, and further agree not to distribute controlled-access datasets and Data Derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access data obtained through the attached DAR and any Data Derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlled-access datasets obtained through the attached DAR and any Data Derivatives of controlled-access datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees that if they change institutions during the access period they will complete the Project Close-out process (See Term 12 for more details) before moving to their new institution. A new DAR, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of Conduct, must be approved by the relevant NIH DAC(s) before controlled-access data may be reaccessedre- accessed.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets the data obtained through the attached DAR, and any Data Derivatives of controlled-access datasets, and further agree not to distribute controlled-access datasets and Data Derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached this DAR may be securely transmitted within the collaborative group. Each Approved User will Users are expected to follow all data security practices and other terms of use defined in this Agreementagreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Data Use Certification Agreement and the appropriate research use of controlled-controlled- access data obtained through the attached DAR and any Data Derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlledControlled-access datasets obtained through the attached this DAR and any Data Derivatives of controlled-access datasetsDerivatives, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees that if they change institutions during the access period they will complete the Project Close-DAR close- out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(sNIAGADS Data Use Committee (NIAGADS DUC) and the NIAGADS AD/RD Data Access Committee (NADAC) before controlled-access data obtained through this NIAGADS DAR may be reaccessedre-accessed. As part of the close-out process, any versions of the data stored at the institution and/or CSP must be destroyed and destruction confirmed by the Signing Official, as described below.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets obtained through the attached DAR, DAR and any Data Derivatives derivatives4 of controlled-access datasets, datasets and further agree not to distribute controlled-access datasets and Data Derivatives derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-controlled- access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will Users are expected to follow all data security practices and other terms of use defined in this Agreementagreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Data Use Certification Agreement and the appropriate research use of controlled-controlled- access data obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlledControlled-access datasets obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees PIs agree that if they change institutions during the access period period, they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(s) before controlled-controlled- access data may be reaccessedre-accessed. As part of the close-out process, all copies and versions of the datasets retrieved from NIH-designated controlled-access databases as well as any derivatives of controlled-access datasets stored at the institution and/or CSP must be destroyed and destruction confirmed by the Signing Official, as described below.

Non-Transferability. The Requester and Approved Users User agree to retain control of NIH controlled-access datasets obtained through the attached DAR, DAR and any Data Derivatives derivatives4 of controlled-access datasets, datasets and further agree not to distribute controlled-access datasets and Data Derivatives derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are User is provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies. The Requester and Approved Users User acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access data obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users User agree that controlled-access datasets obtained through the attached DAR and any Data Derivatives derivatives of controlled-access datasets, in whole or in part, may will not be sold to any individual or organization at any point in time for any purpose. The PI Approved User agrees that if they change institutions during the access period they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification Agreement, in which the new Requester institution agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(s) eNCI DAC before controlled-access data may be reaccessedre-accessed. As part of the close-out process, all copies and versions of the datasets retrieved from NIH-designated controlled-access databases as well as any derivatives of controlled-access datasets stored at the Requester and/or CSP must be destroyed and destruction confirmed by the Institutional Signing Official, as described below.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access FaceBase datasets obtained through the attached DAR, DAR and any Data Derivatives derivatives2 of controlled-access datasets, FaceBase datasets and further agree not to distribute controlled-access FaceBase datasets and Data Derivatives derivatives of controlled-access FaceBase datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access FaceBase datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement Specific Aims and Analysis Plan sections of the DAR, and all members of 2 Any data containing individual-level information that are generated or inferred from controlled-access datasets (e.g. imputed or annotated data) obtained from NIH-designated data repositories (e.g., dbGaP). the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will Users are expected to follow all data security practices and other terms of use defined in this Agreementagreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies, for raw data as well as derived data, including any transmission of the data. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement adherence to the terms within this Data Use Certification Agreement and the appropriate research use of controlled-access FaceBase data obtained through the attached DAR and any Data Derivatives derivatives of controlled-access FaceBase datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlled-access FaceBase datasets obtained through the attached DAR and any Data Derivatives derivatives of controlled-access FaceBase datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees PIs agree that if they change institutions during the access period they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(s) FaceBase DAC before controlled-access FaceBase data may be reaccessedre-accessed. As part of the close-out process, all copies and versions of the datasets retrieved from NIH-designated controlled- access databases as well as any derivatives of FaceBase datasets stored at the institution must be destroyed and destruction confirmed by the Institutional Signing Official, as described below. However, a written request may be submitted to the FaceBase Data Access Committee to transfer responsibility for the approved research project to another Approved User within the original institution. The FaceBase DAC will make a determination on a case-by-case basis (see section 12).

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets obtained through the attached DAR, and any Data Derivatives of controlled-access datasets, data and further agree not to distribute controlled-access datasets and Data Derivatives of controlled-access datasets data obtained through the DAR to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access datasets subject to the NIH GDS Policy for inter-inter- institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached this DAR may be securely transmitted within the collaborative group. Each Approved User will Users are expected to follow all data security practices and other terms of use defined in this Agreementagreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS Policy, Policy and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Data Use Certification Agreement and the appropriate research use of controlled-controlled- access data obtained through the attached this DAR and any Data Derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlledControlled-access datasets obtained through the attached DAR and any Data Derivatives of controlled-access datasetsthis DAR, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees PIs agree that if they change institutions during the access period they will complete the Project CloseDAR close-out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(sNIAGADS Data Use Committee (NIAGADS DUC) and the NIAGADS AD/RD Data Access Committee (NADAC) before controlled-controlled- access data obtained through this NIAGADS DAR may be reaccessedre-accessed. As part of the close-out process, any versions of the data stored at the institution and/or CSP must be destroyed and destruction confirmed by the Signing Official, as described below.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access RADxSM datasets obtained through the attached DAR, and any Data Derivatives of controlled-access RADxSM datasets, and further agree not to distribute controlled-access RADxSM datasets and Data Derivatives of controlled-access RADxSM datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access RADxSM datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached DAR may be securely transmitted within the collaborative group. Each Approved User will follow all data security practices and other terms of use defined in this Agreement, the NIH Security Best Practices for Controlled-Access RADxSM Data Subject to the GDS Policy, and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Agreement and the appropriate research use of controlled-access RADxSM data obtained through the attached DAR and any Data Derivatives of controlled-access RADxSM datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlled-access RADxSM datasets obtained through the attached DAR and any Data Derivatives of controlled-access RADxSM datasets, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees that if they change institutions during the access period period, they will complete the Project Close-out process (See Term 12 for more details) before moving to their new institution. A new DAR, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of Conduct, must be approved by the relevant NIH DAC(sRADxSM Data Access Committee (RADxSM DAC) before controlled-access RADxSM data may be reaccessedre-accessed.

Non-Transferability. The Requester and Approved Users agree to retain control of NIH controlled-access datasets the data obtained through the attached DAR, and any Data Derivatives of controlled-access datasets, and further agree not to distribute controlled-access datasets and Data Derivatives of controlled-access datasets to any entity or individual not identified in the submitted DAR. If the Approved Users are provided access to controlled-access datasets subject to the NIH GDS Policy for inter-institutional collaborative research described in the Research Use Statement research use statement of the DAR, and all members of the collaboration are also Approved Users through their home institution(s), data obtained through the attached this DAR may be securely transmitted within the collaborative group. Each Approved User will Users are expected to follow all data security practices and other terms of use defined in this Agreementagreement, the NIH Security Best Practices for Controlled-Access Data Subject to the GDS NIH Genomic Data Sharing (GDS) Policy, and the Requester’s IT security requirements and policies. The Requester and Approved Users acknowledge responsibility for ensuring the review and agreement to the terms within this Data Use Certification Agreement and the appropriate research use of controlled-controlled- access data obtained through the attached DAR and any Data Derivatives of controlled-access datasets by research staff associated with any approved project, subject to applicable laws and regulations. Requester and Approved Users agree that controlledControlled-access datasets obtained through the attached this DAR and any Data Derivatives of controlled-access datasetsDerivatives, in whole or in part, may not be sold to any individual at any point in time for any purpose. The PI agrees that if they change institutions during the access period they will complete the Project Close-DAR close- out process (See Term 12 for more details) before moving to their new institution. A new DARDAR and Data Use Certification, in which the new Requester agrees to the Data Use Certification Agreement and the Genomic Data User Code of ConductGDS Policy, must be approved by the relevant NIH DAC(sNIAGADS Data Use Committee (NIAGADS DUC) and the NIAGADS AD/RD Data Access Committee (NADAC) before controlled-access data obtained through this NIAGADS DAR may be reaccessedre-accessed. As part of the close-out process, any versions of the data stored at the institution and/or CSP must be destroyed and destruction confirmed by the Signing Official, as described below.