Effective today (“Effective Date”), this Database Access, Sharing, and Data Use Agreement (this “Agreement”), is by and between The Regents of the University of New Mexico, specifically the College of Arts and Sciences, Department of Anthropology, with a business address at 1700 Lomas Blvd NE Suite 2200, Albuquerque, NM 87131-0001 (“Provider and/or UNM”) whose Principal Investigator is Heather Joy Hecht Edgar (“Provider’s Scientist”), and the researcher creating an account (“Recipient”) (collectively, the “Parties”; each, a “Party”).

RECITALS

THESE DATABASE TERMS OF USE (the “Terms of Use”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN the Parties, governing Recipient’s use of the Free Access Decedent Database (“Database”). By accessing the Database, Recipient agrees to be bound by the Terms of Use.

In consideration of the mutual promises and assurances herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Registration

   In order to gain access to the Database, Recipient must complete a registration process. As a registered user of the Database, Recipient agrees to provide true, accurate, current, and complete information about Recipient as prompted by the Database registration form ("Registration Data"). Recipient will be given access to the Database for a period of one year. If using the Database for a new project, Recipient must reapply for access to the Database. During Recipient’s use of the Database, Recipient will communicate with UNM’s research team via the project email address (NMDID@unm.edu) with any questions and concerns about the Database.

2. Database License

   UNM hereby grants Recipient a non-exclusive, non-transferable license to obtain access to the Database in accordance with the terms of use set forth herein. Recipient may use the Database only for purposes of research or education, as follows:

   1. Display
      Recipient may electronically display Recipient’s search results from the Database for a one-year period.

   2. Digital Copy
      Recipient may download an agreed upon portion of the Database for a one-year period.

   3. Analysis
      Recipient may extract or use, with appropriate credit, information contained in the Database for educational, scientific, or research purposes, excluding any research that attempts to personally identify a participant, or reconstructs a face for public viewing in a recognizable format.

   4. Scholarly Sharing
      Recipient may use, with appropriate credit, figures, tables and brief excerpts from the Database in Recipient’s own scientific, scholarly and educational works. Recipient also agrees to share any publications that stem from the use of this Database. Email citation and scholarly work to the project email address, NMDID@unm.edu.

3. Credit

   For any use of information contained in the Database, Recipient will provide credit as follows: The Free Access Decedent Database funded by the National Institute of Justice grant number 2016-DN-BX-0144.

4. No Warranties

   UNM MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE DATA, WORK, PRODUCT, RESEARCH RESULTS OR SERVICES CREATED OR PROVIDED BY UNM UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF OWNERSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

5. Term

   This Agreement shall be effective as of the Effective Date and shall remain effective for one (1) year. The Parties may renew the Agreement through a reapplication for access to the Data. Either Party may terminate this Agreement with or without cause upon thirty (30) days’ written notice to the other Party. Upon expiration or termination of this Agreement for any reason, Recipient shall, as requested by Provider, destroy or return all Data provided pursuant to this Agreement.

6. Access and Use

   UNM reserves the right to shut down the Database and/or to terminate Recipient’s access to the Database without prior notice at any time as determined in UNM’s sole and absolute discretion.

7. Proprietary Rights in the Database; Limitations on Use

   Recipient acknowledge that, as between Recipient and UNM, the Database is proprietary to UNM and the Database shall remain the exclusive property of UNM, and that Recipient has no rights therein other than as set forth herein. Recipient is expressly prohibited from selling, reselling, sublicensing or commercially using or exploiting the Database or information contained therein. Recipient’s use of the Database or information contained therein shall be in compliance with all applicable laws and regulations and nothing in this Agreement shall be construed to require either party to violate such provisions of law or subject either party to liability for adhering to such provisions of law. Other than as permitted herein, Recipient shall not duplicate, distribute, transfer, transmit, copy, sell, exploit for commercial purposes, create derivative works from, or otherwise make available the Database or information contained therein, in any form or medium, to any third party. Recipient shall not attempt to identify or contact any individuals’ family whose data is contained in the Database.

8. Governing Law

   This Agreement will be construed, interpreted, governed and enforced in accordance with the statutes, judicial decisions, and other laws of the State of New Mexico. Each party hereby submits itself to the personal jurisdiction of the Courts of the State of New Mexico, Bernalillo County and the personal jurisdiction of the United States District Court for the District of New Mexico for the purpose of any suit, action, or other proceedings arising out of or based on this Agreement or the subject matter thereof. Each party agrees that it will bring any such proceeding only in such courts.

9. Liability

   In no event shall UNM be liable for indirect, special, incidental or consequential damages of any kind, including lost profits, arising out of or in connection with this Agreement, even if advised of the possibility thereof. The liability of UNM shall be subject in all cases to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1 et seq., NMSA 1978, as amended.

10. Indemnification

    Recipient agrees to defend, indemnify and hold harmless the UNM, its regents, officers, agents, graduate students, and employees, including but not limited to members of the medical staff, IRB members, the principal investigator, co-investigators and assistants (each an “Indemnitee”) from and against any and all liabilities, claims, actions, suits or proceedings of any kind (including costs, expenses and reasonable attorney’s fees) arising out of, or in any way related to, UNM’s performance of the research under this Agreement.