ERIC - Enteropathogen Resource Integration Center

Data Access Agreement
Data Access Agreement for the NIAID Enteropathogen Resource Information Center (ERIC) For End Users
    Data Access Agreement for the NIAID Enteropathogen Resource Information Center (ERIC) For End Users
    
    This document represents a legal agreement between the end user named via issuance of an ERIC username (hereinafter referred to as "You") and SRA International, Inc., prime contractor to NIAID under Bioinformatics Resource Center (BRC) contract HHSN266200400040C, regarding Your use of enteropathogen Data (defined here as sequence, annotation, microarray, proteomic, phenotypic, and other forms of biological data) accessed from the Enteropathogen Resource Integration Center (ERIC),
    
    Your use of the ERIC System constitutes your agreement to be bound by the terms and conditions of this Agreement.  If you do not agree to the following terms and conditions, you are not authorized to use the ERIC System in any manner and must immediately cease all such use. 
    
    1.  Purpose of the ERIC Bioinformatics Resource Center: NIAID's central goal for the BRC contracts is to make databases and analysis resources freely available, without encumbrance or fees, to the research community over the Internet. It is the intent of both SRA and its subcontractor, the University of Wisconsin-Madison, (hereafter collectively referred to as "the ERIC Contractor") to cooperate with and fully support NIAID's desire to make data freely available to the research community.
    
    2.  Intellectual Property Rights: This Agreement does not alter any pre-existing intellectual property rights You or others may have in the Data available through ERIC. Rights to Data remain with the Originating Investigator(s) and/or his/her employing institution. Therefore, You must comply with Clause 4, "Acknowledgements" below.
    
    3.  No Implied Licensing: As noted above, ownership rights to the data remain with the Originating Investigator. It is understood that nothing herein shall be deemed to constitute, by implication or otherwise, the grant of any license or other rights by NIAID or the ERIC Contractor under any patent, patent application, or other intellectual property right or interest to public data contained within ERIC.
    
    4.  Acknowledgements: The contributions of those who have made original Data available or contributions of collaborators, if any, from ERIC must be reflected expressly in all written or oral public disclosures concerning research using the Data, by citation, acknowledgement or co-authorship, as deemed appropriate in accordance with scientific custom. If You submit an article or abstract for publication that uses any part of data from ERIC, You hereby agree to cite ERIC in the Materials and Methods section or in the Acknowledgement section.  If you directly collaborate with ERIC, resulting in co-authorship with ERIC Team members, the Acknowledgement must state: "The ERIC Bioinformatics Resource Center has been wholly funded with Federal funds from the National Institute of Allergy and Infectious Diseases, National Institutes of Health, Department of Health and Human Services, under Contract No. HHSN266200400040C".  If your manuscript or abstract submission is accepted, the ERIC Team would greatly appreciate e-mail notification of the publication citation, solely for trackingE RIC's usage. Please send email notifications to: info@ericbrc.org.
    
    5.  No Fees for Non-Commercial Use: Data and information from the ERIC system is provided at no cost for research purposes. There are no fees, licenses, or subscriptions involved with gaining access to the data in ERIC beyond acceptance of the terms and conditions of this Data Access Agreement. Free use of ERIC data for all research, both commercial and non-commercial, to discover and develop therapeutics, diagnostics, and vaccines for enteropathogens is both permissible and strongly encouraged. However, You are expressly prohibited from selling any data from the ERIC system, and from any other direct or indirect commercialization of the Data without express prior written approval from the Originating Investigator(s) of that Data.  The Originating Investigator(s) may require a license agreement and fees for use of Data for commercial purposes.  You are responsible for obtaining appropriate licenses directly from the Originating Investigator(s) and/or owners of the Data.
    
    6.  No Warranty:  Data and/or information, private or public, may contain errors or be incomplete and should be regarded as preliminary. Data and information released from the Enteropathogen Resource Integration Center (ERIC) are provided on an "AS IS" basis. Neither NIAID, SRA International or the Originating Investigators, make any representation or warranty, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose or warranties as to the identity or ownership of data or information, the quality, accuracy, or completeness of data or information, or that the use of such data or information will not infringe any patent, intellectual property or proprietary rights of any party.
    
    7.  Disclaimer of Liability: IN NO EVENT shall the U.S. Government including without limitation, DHHS, PHS, NIH, NIAID, as well as SRA International, its subcontractor the University of Wisconsin-Madison, or any of their employees be liable for any claim for any loss, harm, illness, or other damage or injury arising from submission of, access to, or use of data or information relating to this agreement or data or information provided hereunder contained within and accessible from the ERIC system, including without limitation any direct, indirect, incidental, exemplary, special, punitive, or consequential damages, even if advised of the possibility of such damages. You agree to waive, to the extent permitted by law, any and all claims against, and to indemnify and hold harmless the U.S. Government, DHHS, PHS, NIH, NIAID and their contractors and subcontractors, including the ERIC Contractor, for any damage that you or your organization may incur from prior or future use of any data or informationcontained within ERIC, including any damages resulting from products based on results from the use thereof.
    
    8.  Injunctive Relief. You acknowledge that unauthorized use of the Data, for example, commercial for-profit use without appropriate licenses, could cause irreparable harm and significant injury to the Originating Investigator(s), the U.S. Government, and/or the ERIC Contractor that may be difficult to ascertain. Accordingly, You agree that the affected party shall have the right to seek and obtain immediate injunctive relief from breach or threatened breach of this Agreement, in addition to any other rights and remedies it may have.
    
    9.  Severability: The provisions of this Agreement are severable, and in the event that any provision of the Agreement shall be determined to be invalid or unenforceable under any controlling body of law, such determination shall not in any way affect the validity or enforceability of the remaining provisions of the Agreement.
    
    10.  Governing Law and Venue: The construction, validity, performance, and effect of this Agreement shall be governed by the laws of the Commonwealth of Virginia and by U.S. Federal law, as applicable, without regard to conflicts of laws provisions. All actions shall be brought in the federal or state courts of Virginia. 
    
    11.  Modifications: This Agreement constitutes the entire understanding and agreement between the parties hereto relating to access to Data and information from the ERIC system and may not be superseded, modified, or amended except by further written agreement duly executed by all parties.
    
    12.  Effective Date: This Agreement shall be become effective upon Your access of public data in the ERIC System as an end user. A list of users and their institutional affiliations will be provided to NIAID solely for assessing ERIC's usage and utility.
    
    I have read and understood the terms and conditions outlined above in this Data Access Agreement, and by accessing the ERIC System, I hereby agree to be bound by the terms and conditions of this Agreement.
    
    Please print a copy of this Web page for your records prior to leaving this Web page. If you have questions regarding this agreement and its terms, please contact Dr. John Greene, john_greene@sra.com, 240-514-2741, Principal Investigator for the ERIC BRC. 
    
    Thank you, and Welcome to ERIC!