Agreement for the Use of the Indiana University Big Red Supercomputer, under the IEDC Economic Development Initiative
- This Use Agreement is by and between The Trustees of Indiana University and _________________________________________________________(“Industry Partner”), and is entered into to further the goals and objectives established by the “Memorandum of Understanding between the Indiana Economic Development Corporation, Indiana University, Purdue University and International Business Machines Corporation regarding Economic Development”
- IU will provide the Industry Partner access to ______ (count) JS21 nodes on IU's portion of the Blade Center ("Big Red"), for a total of ______ access hours, to be utilized within the period of ______ days, beginning on__________(date). The Industry Partner's access to Big Red during this time shall be through a high-priority job queue, under IU affiliate account(s), available 24/7, except for periods of regular system maintenance.
- The Industry Partner will receive an initialized clean environment, with standard system-level security and confidentiality measures supplied by the Big Red operating system, periodic backups of data in the home directory, and reasonable policies and procedures to limit physical access to Big Red by those other than administrators. Removing user data, including sensitive data, from local storage on JS21 nodes, is the responsibility of the Industry Partner, while IU will provide necessary procedures and code to allow the Industry Partner to maintain confidentiality on each node as long as it is used. The Industry Partner is responsible for removing its data stored in the home directory, at or before the time its account is closed at the end of the use period.
- IU personnel will assist with installing software, program(s), or application(s) provided by the Industry Partner. If requested, Industry Partner personnel will assist IU personnel. The Industry Partner warrants that it holds an appropriate license for any software, program(s), or application(s) that will be loaded onto Big Red and that it will indemnify and hold IU harmless for any costs associated with infringement claims raised by a third party. Any software, program(s), or application(s) developed by IU that IU provides to the Industry Partner for the purposes of this Agreement will remain the property of IU. IU grants a limited, royalty-free, and nontransferable license to the Industry Partner to use such software, program(s), or application(s) for the purpose and duration of this Agreement.The operating system and any associated system applications running on Big Red remain the property of their respective owners.
- The Industry Partner may, no later than two days before the end of the period, submit a request to IU to extend the allocation to an additional ______ days and ______ access hours, using ______ nodes. IU will make every effort to accommodate the request, but retains the discretion to decline, based on previously scheduled uses of Big Red for its own purposes or by other users.
- The Industry Partner will notify IU when it has completed its operations on Big Red. IU will, within ______hours of this notice, securely remove all Industry Partner data from the Big Red system.
- The parties expressly agree that any intellectual property created through the Industry Partner’s use of Big Red under this Use Agreement will be the sole property of the Industry Partner, unless IU personnel are involved in the design of the experiments or data manipulations conducted by the Industry Partner, in a manner and to an extent that would meet the standard for inventorship under United States patent law, in which case IU and the Industry Partner will jointly own the resulting intellectual property.
- The Industry Partner represents and warrants that its use of Big Red to perform operations on data, and share data with IU personnel for the purposes of this Agreement, will not and does not violate any federal, state, or local laws or regulations or the legal rights of any individual, including but not limited to rights of privacy. The Industry Partner also represents and warrants that it is aware of the level of electronic, physical, and administrative security that is provided by and within Big Red, and that it will not introduce any data into Big Red that requires a higher level of security than that already provided, unless the parties mutually agree on arrangements for additional security. In the event of a breach of this provision, the Industry Partner will defend, indemnify, and reimburse IU in full for any costs, liabilities, fines, and other expenses (including reasonable attorney fees) incurred by IU with respect to such breach, including but not limited to third party claims associated with the breach.
- In the event that Big Red malfunctions or fails to operate properly, IU's responsibility to the Industry Partner will be limited to providing the Industry Partner with the equivalent of the lost CPU time once Big Red’s functionality is restored, and to use its best efforts to retrieve the Industry Partner’s data from the regular system backup. In no event will IU be liable for any indirect or consequential losses suffered by the Industry Partner, including loss of business or data, or for any costs or liabilities the Industry Partner may incur with respect to third parties, arising from the Industry Partner's use of Big Red.
For ____________________________________________________(“Industry Partner”):
Signed: _________________________________________________ Date: _________
For Indiana University:
Signed: _________________________________________________ Date: _________
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