STANDARDIZED OUTBREAK INVESTIGATION PROGRAM FORM SUBMISSION TERMS

The Standardized Outbreak Investigation Program (“SOIP”) electronic form is the result of a collaborative project led by Iowa State University (“ISU”) to create an electronic database to provide veterinarians with a standard way to capture and report swine health information for endemic disease prevention and outbreak investigations (the “Project”).

BY SUBMITTING THE SOIP FORM, YOU REPRESENT AND WARRANT THAT YOU ARE THE AUTHORIZED REPRESENTATIVE OF THE SUBMITTER AND THAT YOU ARE AUTHORIZED TO SUBMIT THE SOIP FORM TO ISU AND ACCEPT THE TERMS HEREIN ON BEHALF OF THE SUBMITTING ENTITY. IF YOU ARE NOT THE AUTHORIZED REPRESENTATIVE, DO NOT SUBMIT THE SOIP FORM. BY SUBMITTING AN SOIP FORM TO ISU, YOU HEREBY AGREE TO THE FOLLOWING TERMS:

1. Use and Disclosure. ISU and its employees and students may use the SOIP form data as necessary to facilitate the Project. You authorize ISU to use the SOIP form data, without identifiers, to populate a database that may be used by ISU and other third parties for educational and research purposes, including to identify industry trends and opportunities to strengthen biosecurity as it relates to swine health. You understand and agree that as part of the Project, ISU may also make available to third parties SOIP form data for research and educational purposes so long as SOIP form data identifiers have been removed. ISU shall not otherwise release or disclose identifiable SOIP form data without your prior written approval.
2. Ownership; Safeguards. You shall retain ownership of any rights you may have in the SOIP form data, and ISU does not obtain any rights to the SOIP form data except as set forth in these terms. ISU agrees to establish appropriate administrative, technical, and physical safeguards to prevent unauthorized use of or access to the SOIP form data. ISU agrees to use the data in compliance with all applicable laws, rules, and regulations, as well as professional standards applicable to research.
3. Public Records. You will remain the lawful custodian of any SOIP form data disclosed to ISU for the Project. If ISU is requested to release records in response to a public records request, ISU shall promptly inform you in writing and provide you with the opportunity to seek a protective order.
4. Compliance. You represent and warrant that SOIP form data was collected in accordance with all applicable laws and institutional policies and that you have the right and authority to provide the SOIP form data to ISU for use in the Project as provided in these terms, including notifying any third parties and obtaining any permissions needed as applicable.
5. Publicity. Neither party shall use the name or trademark of the other party or name any of its employees in any publicity or advertising, including endorsements, without the prior written consent of the other party.
6. Project Disclaimer. ISU DOES NOT MAKE ANY WARRANTIES REGARDING THE PROJECT, ITS RESULTS, THE SOIP FORM, THE ACCURACY, THE COMPLETENESS OR THE AVAILABILITY OF ANY DATA OR THE FORM, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOST MARKET OPPORTUNITIES, WHETHER KNOWN, FORESEEABLE OR ADVISED OF SUCH POSSIBILITY, OR ARISING UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER THEORIES.
7. Force Majeure. ISU shall not be deemed in breach of these terms or liable for damages if ISU’s performance of any obligation is prevented or delayed by causes beyond ISU’s reasonable control, such as acts or omissions of communications carriers, energy shortages or outages, strikes or labor disputes of other’s workforces, fires, floods, inclement weather, acts of God, war, terrorism, civil disturbances, or acts of civil or military authorities.
8. Miscellaneous. These terms constitute the entire agreement between the parties with respect to the subject matter of this SOIP form and supersedes all prior agreements, whether written, oral, or implied. These terms may not be modified without the written mutual consent of ISU. You are an independent contractor, and nothing herein creates any partnership or joint venture. The failure of ISU to require performance of any term or condition shall not constitute a waiver to subsequently enforce such term or condition. The invalidity or illegality of one or more provisions of these terms shall not affect the enforceability of the remaining provisions. Any disputes related to the SOIP form shall be construed in accordance with Iowa law, without giving effect to its conflicts of law provisions, and any litigation or actions commenced in connection with these terms shall be instituted in a court of competent jurisdiction in the State of Iowa.