Obtaining access to the Side-Out Foundation Metastatic Breast Cancer Database
The Side-Out Foundation Metastatic Breast Cancer Database (“Database”) is maintained by the Side-Out Foundation (“Foundation”) in collaboration with George Mason University’s College of Science and the College of Health and Human Services. The Database contains information collected through a variety of sources, including the Foundation’s sponsored clinical trials. The Database, now and in the future, may be used for the purpose of metastatic breast cancer research and beyond.
In this Database, individuals’ protected health information has been removed and the available dataset contains only de-identified information; therefore it not subject to the HIPAA Privacy Rule restrictions on sharing information.
Please carefully read the Data Use Agreement for the Database (“Agreement”) (below). If you select “I agree,” you agree to be bound by the Agreement’s terms and conditions. After you select “I agree”, your browser will display a data use agreement form for you to complete and submit.
Data Use Agreement
If I am granted access Side-Out Foundation Metastatic Breast Cancer Database, I agree to the terms and conditions below:
- The Foundation, at all times, shall retain ownership of all rights, title and interests it may have in the Database’s data (“Data”), and I will not obtain any rights, title or interests in the Data other than as set forth in this Agreement. Provided that I comply with this Agreement, the Foundation grants me a perpetual, non-exclusive, revocable right and license (without the right to sublicense to any other person) to modify, create derivative works of, and use the Data only for lawful scientific research purposes. I shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Data. I shall not access the Database in order to build a similar or competitive database, website, application or service.
- I will not attempt to identify or re-identify any individual in the Data.
- I will not disclose the identity of any individual in the Data in any publication or other communication.
- I will not share access to the Data with any person (including any institution, corporate body, governmental body, etc.), without the Foundation’s prior written consent. If I am entering this Agreement on behalf of an institution, corporate body, or governmental body or otherwise, I shall not disclose the Data to any person other than to my respective entity’s officers, employees, contractors and agents or those of its affiliates who have a need to know such Data for the purposes specified in this Agreement and who agree to be bound by the terms of this Agreement.
- I will maintain the physical and electronic security of the Data (including its confidentiality, availability and integrity). I agree to protect the Data with at least the same degree of care that I apply to my own confidential or proprietary information.
- If I find information within the Data that I reasonably believe might permit identification of an individual, I will report this finding promptly by email to email@example.com, citing the location of the specific information in question and any other relevant information so that it can be investigated and removed if necessary.
- I will indicate the general purpose for which I intend to use the database in my application.
- I will use the Data in compliance with all applicable laws, rules, and regulations, as well as all professional and industry standards applicable to scientific research in the field of medicine.
- If I publish, communicate or otherwise disclose any information that relies, in whole or in part, upon the Data, in such communication, I will acknowledge usage of the Side-Out Foundation Metastatic Breast Cancer Database.
- If I publish, communicate or otherwise disclose any information that relies, in whole or in part, upon the Data, I will contribute any code or other process used to produce that information to a repository that is open to the research community.
- I agree that the Foundation may contact me for a short survey about the Data or the Foundation.
- Except as provided below or prohibited by law, any Data I obtain pursuant to this Agreement, I understand to be provided “AS IS”. The Foundation makes no representations and extends no warranties of any kind, either expressed or implied. There are no express or implied warranties of merchantability or fitness for a particular purpose, or that the use of the Data will not infringe any patent, copyright, trademark, or other proprietary rights. I understand that the Foundation has no obligation to pre-screen or evaluate the Data.
- I ASSUME ALL LIABILITY FOR ALL DAMAGES WHICH MAY ARISE FROM MY USE, STORAGE, DISCLOSURE, OR DISPOSAL OF THE DATA. THE FOUNDATION WILL NOT BE LIABLE TO ME FOR ANY LOSS, CLAIM, OR DEMAND MADE BY ME, OR MADE AGAINST ME BY ANY OTHER PARTY, DUE TO OR ARISING FROM MY USE OF THE DATA, EXCEPT TO THE EXTENT PRECLUDED BY APPLICABLE LAW WHEN CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE FOUNDATION. TO THE EXTENT NOT PRECLUDED BY APPLICABLE LAW, IN NO EVENT WILL THE FOUNDATION BE LIABLE TO ME FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING A LOSS OF USE, DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATING TO THIS AGREEMENT OR THE DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE OBLIGATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE THE AGREEMENT’S TERMINATION.
- I agree to indemnify, defend, and hold harmless the Foundation (its officers, employees, agents, partners and licensors) from and against all losses, costs, damages, expenses (including attorneys’ fees) or other liabilities arising out of or in connection with my (i) use of the Data; (ii) violation of the Agreement; (iii) violation of any applicable laws, rules or regulations. The obligations set forth in this Paragraph shall survive the Agreement’s termination. If I am a public institution of higher education or state governmental agency, this Paragraph shall apply to the extent permitted by applicable law.
- This Agreement may be terminated by the Foundation or me at any time, but my obligations with respect to the Data shall continue after the Agreement terminates
- I may not assign, delegate or otherwise transfer (by operation of law or otherwise) this Agreement or any of its rights or obligations to any other person without the Foundation’s prior written consent.
- I agree that all claims arising out of or relating to the Agreement will be litigated exclusively in the state and federal courts of Virginia. The terms of this Agreement will be governed and interpreted in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles that provide for the application of the law of another jurisdiction. If I am a public institution of higher education or a state governmental agency, the Foundation agrees to remain silent on this Paragraph.