BDSP Restricted Health Data Use Agreement

Scope of Access: By signing this Data Use Agreement, I understand that I will gain access to ALL restricted datasets in the Brain Data Science Platform (BDSP). This includes all current restricted projects and any future restricted projects added to the platform. This single DUA covers access to all restricted data; I do not need to sign separate DUAs for individual restricted projects.

If I am granted access to BDSP restricted data:

  1. I will not attempt to identify any individual or institution referenced in BDSP restricted data.
  2. I will not share access to BDSP restricted data with anyone else.
  3. I will exercise all reasonable and prudent care to maintain the physical and electronic security of BDSP restricted data.
  4. If I find information within BDSP restricted data that I believe might permit identification of any individual or institution, I will report the location of this information promptly by email to admin@bdsp.io, citing the location of the specific information in question.
  5. I will use the data for the sole purpose of lawful use in scientific research and no other.
  6. This agreement may be terminated by either party at any time, but my obligations with respect to BDSP data shall continue after termination.

Note: Access to restricted data is granted based on your qualification for restricted access level, not on a per-project basis. All users with restricted access have access to all restricted projects.

Noncommercial Research Access; DOJ Data Security Program

Noncommercial access; no fee or valuable consideration. The data are made available for bona fide, noncommercial scientific, clinical, public health, educational, or scholarly research. BDSP charges no fee for access through this pathway. The Recipient is not providing money, services, grant funding, sponsored-research funding, reciprocal data access, intellectual property rights, product-development rights, commercial advantage, or any other valuable consideration in exchange for access to the data. The parties intend this Agreement to be a limited, revocable, non-exclusive, non-transferable permission to use the data for the approved research purpose, and not a sale, commercial license, data brokerage arrangement, vendor agreement, employment agreement, or investment agreement.

No commercial use. The Recipient shall not use the data, or any record-level derivatives, for any commercial purpose, including: product development; product validation; commercialization; marketing; advertising; sale or licensing of products, services, models, or datasets; development or improvement of proprietary clinical decision support tools, software, algorithms, AI/ML models, medical devices, diagnostics, therapeutics, or commercial services; or any activity for the benefit of a commercial entity.

No onward transfer or sublicensing. The Recipient shall not sell, rent, lease, license, sublicense, broker, transfer, disclose, publish, redistribute, or otherwise provide access to the data, login credentials, downloads, record-level extracts, or record-level derivatives to any third party. The Recipient shall not upload or transmit the data to any platform, model, or service that would permit unapproved third-party access or use the data for model training outside the approved research purpose.

Data Security Program representation. The Recipient acknowledges that the U.S. Department of Justice Data Security Program, 28 C.F.R. Part 202, regulates certain covered data transactions involving covered data and a country of concern or a covered person. BDSP makes data available through this access pathway only on a no-fee, noncommercial, no-consideration basis for bona fide research. The Recipient represents and warrants that:

  1. The Recipient is requesting access solely for the approved noncommercial research purpose and not for any commercial purpose.
  2. The Recipient is not requesting access on behalf of, at the direction of, or for the benefit of any commercial entity, data broker, vendor, investor, sponsor, or other third party.
  3. The Recipient is not providing, and has not agreed to provide, any money, services, grant funding, sponsored-research funding, reciprocal data access, intellectual property rights, product-development rights, commercial rights, or other valuable consideration in exchange for access to the data.
  4. The Recipient is not subject to any grant, contract, institutional directive, sponsorship arrangement, employment obligation, or other agreement that requires or contemplates providing the data, or access to the data, to any third party.
  5. The Recipient will not provide access to the data, record-level derivatives, credentials, or any copy of the data to any country of concern, covered person, foreign person, institution, sponsor, collaborator, contractor, or other third party, except as expressly approved in writing by BDSP.
  6. The Recipient has disclosed to BDSP all institutions, funders, sponsors, collaborators, and authorized users involved in the approved research purpose.
  7. The Recipient will promptly notify BDSP of any change in funding, sponsorship, institutional affiliation, research purpose, authorized users, access location, or data-storage location that could affect these representations.

Country-of-concern and covered-person review. BDSP does not impose access restrictions based solely on citizenship, nationality, ethnicity, or national origin. However, BDSP may conduct additional review where a request, an authorized user, an institution, a funder, a sponsor, a collaborator, a data-storage location, an access location, or an onward-transfer arrangement involves a country of concern or covered person as those terms are used in 28 C.F.R. Part 202. Such review confirms that access remains limited to bona fide noncommercial research, that no covered data transaction is involved, and that the data will not be transferred, sublicensed, brokered, sold, or otherwise made available outside the approved research team.

Suspension and termination. BDSP may suspend or terminate access immediately if BDSP determines, in its discretion, that continued access may be inconsistent with this Agreement, applicable law, institutional policy, the noncommercial research purpose of the repository, or the obligations described above. Upon termination, the Recipient shall cease use of the data and, at BDSP's direction, return, destroy, or certify destruction of all data and record-level derivatives, except to the extent retention is required by applicable law or approved in writing by BDSP.

Back to Quantifying Loop Gain using Dynamical Modelling of Ventilatory Control - Data and Code v2.0