Picuris Pueblo Genomic Project – Modern Dataset

MODERN DATA ACCESS AGREEMENT This Agreement is entered into, effective as of the date of the last signature of a party hereto, by and among the Pueblo of Picuris, a federally recognized Indian tribe situated in Taos County, State of New Mexico, United States of America (the “Pueblo”), Globe Institute of the University of Copenhagen (“Globe”), and _________________________________, a _______________________________, whose address is __________________________ __________________________________ (the “Recipient”), by which the Pueblo consents to the release to the Recipient of certain genomic data developed by Globe that is currently held by the European Genome-phenome Archive (“EGA”), upon certain terms and conditions set forth herein. RECITALS: A. The Pueblo is a federally recognized Indian tribe, situated in southern Taos County, New Mexico; and B. The Pueblo provided Globe with saliva samples from 13 present-day members of the Pueblo, from which Globe extracted DNA and generated genetic sequences (the “modern data”); and C. Globe’s modern data have now been placed with EGA, and are available to researchers for limited purposes, as set forth herein, upon approval of the Picuris Data Access Committee; and D. Recipient’s request for access to the data has been approved by the Picuris Data Access Committee, but strictly subject to the terms and conditions set forth herein. NOW THEREFORE, the parties hereto hereby agree as follows: 1. Recipient represents that it is a university or bona fide research institution, with prior experience in research utilizing genomic data. 2. Recipient may utilize the data only for the study described in its request for access, and no others. 3. Recipient shall not share any of the data with any other person or entity for any purpose, and shall not post it publicly; access to and use of the data shall be limited to persons directly employed by, contracted with or who are part of Recipient’s organization, and only for the purposes stated herein. 4. Recipient shall not utilize the data or any part of it for any commercial project or purpose, or for the creation of any product that might have commercial value. 5. Recipient shall not utilize the data for any disease or medical-related research, or any natural selection research. If a study involving the data includes disease, medical-related or natural selection analysis using other data, the Recipient shall explicitly state in the study that no Picuris data were used for those purposes. 6. Recipient shall not utilize the data for any purpose related to tribal enrollment or membership. 7. Recipient shall store the data exclusively on a secure, password-protected computer server owned and maintained by the Recipient’s institution. Access to the server shall be restricted to individuals affiliated with the Recipient’s institution, and access to the directory containing the data to those who have signed this Agreement. 8. In any paper or report prepared by Recipient based on its analysis of the data, credit will be given to Picuris Pueblo as the supplier of the data, and to Globe as the developer of the data; but subject to the foregoing, and to the other terms of this Agreement, Recipient is free to publish any report or paper setting forth the results of its analysis of the data. 9. Recipient will not claim any intellectual property rights in the data or any portion thereof, but Recipient may claim intellectual property rights in any report or paper resulting from Recipient’s analyses of the data, provided that Recipient is in full compliance with the terms of this Agreement, and has provided the Pueblo and Globe with copies of any such report or paper (but which will be kept strictly confidential, upon Recipient’s request). 10. Recipient will utilize the modern data solely for replication of the analysis done by Globe, using identical parameters, settings and datasets. Results, positive or negative, shall be reported to the Pueblo and Globe no later than three months after they have been obtained. 11. Recipient’s right to utilize the data in conformance with the terms and conditions of this Agreement shall expire on the date that is five years from the date on which this Agreement is executed on behalf of Recipient, unless the Picuris Data Access Committee agrees to a different date in writing, but as of such date Recipient shall destroy the data and all copies thereof and make no further use of it. 12. In the event Globe or the Pueblo become aware of any breach of this Agreement by Recipient, they will give Recipient written notice thereof, and if Recipient has not completely cured such breach within thirty (30) days of such breach, providing written proof thereof to Globe and the Pueblo, Globe and the Pueblo may, by written notice to Recipient, terminate this Agreement, upon which termination Recipient must destroy the data and any copies in its possession, and provide proof thereof to Globe and the Pueblo, and make no further use of the data for any purpose. Recipient acknowledges that any breach of the requirements of the foregoing sentence would constitute substantial damage to the Pueblo, and would warrant awards of money damages and injunctive relief, and Recipient agrees to submit to the jurisdiction of a court of the Pueblo’s choosing for enforcement of the terms hereof. 13. Recipient will provide a copy of this Agreement to each individual within its organization who will have access to the data for any purpose, and will obtain each such person’s signature as shown below, acknowledging that such person has read and understands the terms hereof, and agrees to abide by them. PUEBLO OF PICURIS GLOBE INSTITUTE By: ______________________ By: ______________________ Governor Its _________________ Date: _____________________ Date: ____________________ RECIPIENT Name: _______________________________________ Address: ______________________________________ ________________________________________ ________________________________________ By: ___________________________________________ Its _____________________________ Date: __________________________________ I hereby affirm that I have read the foregoing terms and understand them, and will abide by them. __________________________________ Title: ___________________________ __________________________________ Title: ___________________________ __________________________________ Title: ___________________________ __________________________________ Title: ___________________________ __________________________________ Title: ___________________________ __________________________________ Title: ___________________________ __________________________________ Title: ___________________________