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DATA USE AGREEMENT FOR PATH CDRN PATIENT STORIES
Individual Access – Listen Only

This Data Use Agreement (the "Agreement") is made as of the date of signature (the “Effective Date”) by and between the University of Pittsburgh – Of the Commonwealth System of Higher Education, a Pennsylvania nonprofit corporation located at Office of Research, 123 University Place, Lower Lobby, Pittsburgh, PA 15213 ("Provider"), and the undersigned ("Recipient").

WHEREAS, Provider has developed an archive of audiotaped and transcribed patient and caregiver delivered stories and related questionnaires concerning each participant’s personal experiences with health and health care (“Stories”); and

WHEREAS, the collection and archival of said stories and questionnaires was performed under Provider’s Institutional Review Board (“IRB”) review and approval, and each patient has consented to have their individual de-identified story and questionnaire data disseminated for research purposes; and

WHEREAS, Provider is willing to make certain of the story and questionnaire data available to Recipient for the purposes of informing the development of patient-centered research questions or otherwise planning patient-centered research ("Purpose"); and

WHEREAS, Provider agrees to make available the Data Set described below, provided that Recipient agrees to abide by the terms and conditions of this Agreement as well as applicable IRB requirements.

NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth and intending to be legally bound, Recipient hereto agrees as follows:

1.
DATA TO BE PROVIDED BY PROVIDER
A.
The Provider shall provide Recipient with access to the requested Stories.
2.
PERMITTED USES AND DISCLOSURES
A.
Recipient agrees to limit the use and disclosure of the provided Stories to the conduct of the Purpose. If applicable, Recipient shall obtain the prospective approval of the Recipient’s IRB for the Purpose and shall provide a copy of Recipient’s IRB approval letter to Provider on Provider request.
B.
The Recipient shall not allow any third parties to access the provided Stories.
C.
Provider shall provide its current IRB approval associated with the Stories being provided on Recipient request.
3.
ASSURANCES
A.
Recipient shall not use or further disclose the Stories other than to carry out the Purpose or as otherwise required by law.
B.
Recipient shall neither make copies of the Stories, nor make derivatives or modifications of the Stories.
C.
Recipient shall use appropriate safeguards to prevent use or disclosure of the Stories.
D.
Recipient shall report to the Provider any use or disclosure of the Stories not provided for by this Agreement of which Recipient becomes aware.
E.
Recipient shall not attempt to identify or contact any individual for whose records or information are contained within the Stories.
4.
NO WARRANTY
The Stories and any associated information furnished to Recipient pursuant to this Agreement is on an “AS IS” basis. Audio transcripts contained within the Stories are not assessed for quality. PROVIDER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING BUT NOT LIMITED TO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PATENTABILITY, OR THAT RECIPIENT’S USE OF THE DATA SET WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADEMARKS, OR RIGHTS OF THIRD PARTIES.
5.
TERMINATION
Provider may terminate this Agreement at any time and for any reason.
Should this Agreement be terminated for any reason, including, but not limited to Recipient's decision to cease use of the Stories, Recipient agrees to immediately destroy the Stories provided pursuant to this Agreement, or return the Stories within five (5) days of the date of termination.
6.
MISCELLANEOUS
A.
Notices
Any notice permitted or required as provided for herein shall be in writing and to the contact and address as noted below or as may be provided by either party to the other in writing from time to time.

Notice to Provider shall be to:
Office of Sponsored Programs
University of Pittsburgh
ATTN: Clin/Corp Team
123 University Place, Lower Lobby
Pittsburgh PA 15213

Notice to Recipient shall be to:

Recipient’s provided address below.
IN WITNESS WHEREOF, the authorized representative of the Recipient has executed this Agreement as of the Effective Date.

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