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Terms and Conditions

This terms and conditions was updated 2023-12-04 18:02:56.8.

For accessing and using data within the TB Platform for the Aggregation of Preclinical Experiments Data:

Terms and Conditions

I request access to data collected by the TB Platform for the Aggregation of Preclinical Experiments Data (TB-APEX) for the purpose of scientific investigation, teaching or the planning of research studies and agree to the following terms and conditions:

1. These terms and conditions are applicable between me, C-Path and the entities that have contributed the data to collected within the TB-APEX platform. 

2.    I will comply with all the requirements as outlined these terms and conditions, and I will not disclose these data beyond the use(s) specifically outlined in this application.

3.   I will require anyone with whom I share these data to comply with these terms and conditions.

4.   I will accurately provide any information requested regarding persons who will use these data and the analyses that are planned using these data.

5.    I will comply with any rules and regulations imposed by my institution and its institutional review board in requesting and using these data.

6.   I will not sell any of the data comprising the TB-APEX data platform or any portion of the data comprising the TB-APEX data platform.

7.    I will ensure that Investigators who utilize TB-APEX data use appropriate administrative, physical, and technical safeguards to prevent the use or disclosure of the data other than as provided for by this Agreement.

8.    I will report any use or disclosure of the data not provided for by this Agreement of which I become aware within 5 days of becoming aware of such use or disclosure.

9.  Neither C-Path nor the organizations that contributed data to the TB-APEX data platform make any representation or warranty, express, implied, statutory, or otherwise with respect to the TB-APEX data platform or the data contained therein.

10. Neither C-Path nor the organizations that contributed data to the TB-APEX data platform, nor any of their respective directors, officers, employees, agents or affiliates shall have any liability to you as a result of your use of the TB-APEX data platform or any of the data contained therein (whether as a result of direct, indirect, incidental, special, exemplary, punitive, consequential or other damages) however caused and on any theory of liability. This limitation will apply even if C-Path or a contributing organization has been advised of the possibility of such damage.

11.  By accessing the TB-APEX data platform, you agree to indemnify, defend and hold harmless C-Path and each data contributor and each of their respective directors, officers, employees, agents and affiliates (each an "indemnified party" and collectively, the "indemnified parties"), from and against any and all liabilities, losses, damages, costs and expenses (and all legal costs including reasonable attorneys' fees, court costs, expenses and settlements resulting from any action or claim) incurred by, or asserted against any indemnified party arising from or relating to any claim or action brought by a third party that arises from or results from your use of the TB-APEX data platform and/or your possession and use of any data you obtained from the TB-APEX data platform, whether by download or otherwise. If any such claim or proceeding arises, the applicable indemnified party shall give written notice of the claim to you promptly after the indemnified party receives notice of its existence. You shall have the right, at your expense, to employ counsel to defend against the claim, and to compromise, settle or otherwise dispose of the claim, all at your expense, provided that no compromise or settlement of any claim admitting liability of or imposing duties or performance upon any indemnified party may be affected without the prior written consent of such indemnified party. If you do not initiate efforts to defend against or resist the claim within thirty (30) days after receiving notice from any indemnified party, the indemnified party shall be free to investigate, defend, compromise, settle or otherwise dispose of the claim and incur other costs in connection therewith, for the account and at the expense of you in such manner as the indemnified party deems in its best interest.

12. I will confidentially disclose to C-Path for TB-APEX steering and/or data contributor review,  any new intellectual property (whether registerable or not) rights, title, or interest in or to any results generated by or arising from my use of the data (“Arising IPR”) within 30 days of creation of such Arising IPR. I agree not either use the data to, or to attempt in any way to, apply for, obtain, or secure or enforce Arising IP unless otherwise previously expressly approved in writing by the relevant data entities that have contributed the data. I further agree to grant these entities and its affiliates, subcontractors, and collaborators a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use the Arising IPR for any purposes.

13.  I agree to publish all research results generated using the data.

14.  If I publish abstracts using data from the TB-APEX data platform, I will cite the Platform for Aggregations of Preclinical TB Experiments Data as the source of the data.

15.  If I publish abstracts using data from the TB-APEX data platform, group authorship of the Platform for Aggregations of Preclinical TB Experiments Data will not be cited in the authorship line of the abstract.

16.  If I publish manuscripts using data from the TB-APEX data platform, I will include language similar to the following in the methods section of my manuscripts to accurately acknowledge data gathering:

“Data used in the preparation of this article were obtained from Platform for Aggregations of Preclinical TB Experiments Data (TB-APEX). The TB-APEX platform incorporates data from a public private partnership launched by Critical Path Institute (C-Path) with funding provided initially by the Bill and Melinda Gates Foundation (BMGF), and data generated or donated as part of the Innovative Medicines Initiative (IMI) funded AMR Accelerator program.”

17.    I will submit all manuscripts/abstracts/slides/presentations that have utilized data from the TB-APEX data platform to C-Path for review by the TB-APEX steering committee 60 days prior to submitting them to a journal. This review will not be a scientific review but is intended to ensure that the items required above are correctly implemented. The TB-APEX steering committee will maintain confidentiality of the manuscript and will complete its review within 30 days of receipt. On request by the TB-APEX steering committee, I agree to delay publication by up to 120 days to enable a data contributor to seek protection of any confidential information owned by it that is included in the publication(s), or to otherwise remove such confidential information from the proposed publication.

18. I agree that after review by the TB-APEX steering committee of the material presented, I will submit the material to a peer reviewed  publication within six months of said review and that the publication(s) will be under “open access” terms.

19. I agree to inform the TB-APEX steering committee of the publication reference within three months of the material being published.

20. I agree to allow my institution/organization name and a brief description of proposed research or study to be made publicly available.

IMPORTANT NOTE: It is the policy of the TB-APEX data platform to add additional data as it becomes available. However, data analysis is expected to take years as methods for analysis of these data evolve. Therefore, I understand that any processed data that I download might be preliminary and that results may change as new data are added.
 
21 .In the event that I download data from the TB-APEX data platform for the purposes of analysis and future publication in the form of abstracts and/or publications, I will note the date of the data I download, and I will check the platform to determine if updated data have been provided prior to submission of any material for publication. 
 
I understand that failure to abide by these guidelines will result in termination of my access to the Platform for Aggregations of Preclinical TB Experiments Data, Platform and that I will need to permanently delete data in my possession or control.
 
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