Drosophila RNAi Screening Center ("DRSC") User Agreement

I. Introduction

<name(s) and institutional affiliation(s) of investigators>, also referred to below as "User(s)", has/have been approved by the DRSC Director to perform experiments entitled "<please insert brief title of screen>" in the DRSC, as described in the work plan attached to this Agreement.

II. Use of screening data

1. Since the goal of the facility is to generate high-quality data, it is critical that DRSC be kept informed of ongoing screen progress. The information will be used for quality control (such as identify potential dsRNAs for re-synthesis), and statistical analysis (such as how often has a specific dsRNA been identified). DRSC staff reserves the right to use results of User(s)'s screens performed in DRSC, solely for quality-control improvements described in this Paragraph, prior to publication of the results by User(s) or public release by DRSC according to Paragraph 6 of this Section.

2. For general information only, the DRSC reserves the right to list any screen that is completed in DRSC in the "Completed Screens" section of the DRSC web site. A screen will be defined as completed following submission by User(s) to DRSC of the first 20 candidate hits identified in the screen. The "Completed Screens" section will list the name(s) and contact information of User(s), cite their institutional affiliation(s) and provide a very brief description of the screening strategy.

3. User(s) will be given access to (i) statistical information on the frequency and quality of hits of a specific dsRNA and (ii) data mining tools, if any, that may be under development at DRSC when and if they provide DRSC with updated information on any confirmed results, such as confirmation by other RNAi experiments or a secondary screen. This will allow DRSC to curate its "confirmed hits" database.

4. Except as provided in this Section, data deposited in the DRSC database will not be released to the public. It is the responsibility of the User(s) to consult with their patenting and/or licensing offices of the institution(s) with which they are affiliated to determine when it is necessary to file patent applications on inventions made using data generated at DRSC in light of Paragraphs 1, 2, 3, 5, 6 and 7 of this Section.

5. Primary data from each screen will be stored on DRSC's RNAi website and, except as described in Paragraphs 1 and 6 of this Section, will be made available only to User(s), except with their permission to share it with others. This is intended to allow User(s) to initiate studies on the most interesting results that originate from the screen.

6. Upon the earlier of (i) the date two (2) years from the completion of any screen of User(s) in DRSC (as defined in Paragraph 2 of this Section) or (ii) publication of the results of such screen by User(s), DRSC shall have the right to make all data from that screen available to the public on the RNAi website. Unpublished screening data made available to the public by DRSC according to this Paragraph will carry information that identifies User(s) as its source.

7. DRSC hopes to inform User(s) when it is time for their data to be made public according to Paragraph 6 of this Section; however, it is solely the responsibility of User(s) to monitor time from the completion of any screen and to protect any intellectual property that arises as a result of their screens before the publication of any data by DRSC as described in this Section.

III. Intellectual Property

1. User(s) (subject to their obligations, if any, to the institution(s) with which they are affiliated) will own screening data that they generate in DRSC. If a dispute arises about ownership of data or the priority of the discovery of a hit, the investigators will discuss the matter with the DRSC Director and abide by the Director's decision.

2. If work performed in DRSC results in a publication or patent application, User(s) or other individual(s) responsible for the publication or patent will formally acknowledge the contribution made by DRSC and, if appropriate, specific DRSC personnel. In particular, DRSC is supported by award numbers NIGMS RO1-GM067761 and NIGMS RO1-GM067761-01S1 from the National Institutes of Health, and User(s) or the other individual(s) will cite those grants in any publication or patent application that includes results of any screen performed by them or on their behalf in DRSC.

3. Inventorship of patents that result from any screen performed in DRSC will be determined under United States patent law. Ownership of patents will be based on inventorship. If any DRSC staff member is determined to be an inventor on any such patent, User(s) or the institution(s) with which they are affiliated shall advise Harvard of the patent and shall discuss with Harvard the manner in which the patent is to be administered, according to established academic custom.

IV. Miscellaneous

1. Performance of screens in DRSC is solely at the discretion of the DRSC Director. The Director will have the right to limit any investigator's access to DRSC facilities and technical support to that which is required to perform work of the scope contained in the investigator's proposal and approved by the Director. In the event of a disagreement as to the scope and/or duration of that work, the investigator(s) involved will discuss the matter with the DRSC Director, who then will make a decision as to the extent of their permitted use of DRSC, with which decision the investigator(s) will abide.

2. DRSC SCREENING METHODS AND DATA MINING TOOLS ARE LIMITED IN PURPOSE AND ARE EXPERIMENTAL. HARVARD EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES AND MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE SCREENING METHODS PERFORMED IN DRSC OR ASSISTANCE OR INFORMATION SUPPLIED BY DRSC, ITS EMPLOYEES OR HARVARD.

3. IN NO EVENT SHALL DRSC, ITS EMPLOYEES OR HARVARD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR EXPECTED SAVINGS OR OTHER ECONOMIC LOSSES, OR FOR INJURY TO PERSONS OR PROPERTY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF WHETHER DRSC OR HARVARD KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF DRSC, ITS EMPLOYEES AND HARVARD FOR ALL DAMAGES OF ANY KIND RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER SHALL NOT EXCEED THE AMOUNT PAID BY THE INVESTIGATORS NAMED ABOVE OR THE INSTITUTIONS WITH WHICH THEY ARE AFFILIATED TO HARVARD UNDER THIS AGREEMENT. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR ANY OTHER GROUNDS.

4. User(s) agree(s) that, to the best of their knowledge, their answers to the questions asked of them in the DRSC User Questionnaire(s) attached to this agreement are correct.

If more than one investigator is named above as a User, each should sign a copy of this Agreement, but all need not sign the same copy. If any User is a technician, student or postdoctoral fellow, the principal investigator under whose direction they work should co-sign this Agreement where indicated.

Please send signed Agreement to:

Matthew Booker
Harvard Medical School
Department of Genetics
Drosophila RNAi Screening Center
77 Avenue Louis Pasteur
NRB 085,
Boston, MA 02115