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Scope of Commercial Use (SHHS)

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chutiw +0 points · 10 months ago

We are preparing a data request for the SHHS dataset for a commercial project. Our intended use is to develop and validate AI models for sleep staging, which will subsequently be integrated into a commercial device.

The DATA ACCESS AND USE AGREEMENT (DAUA) states: "permissible uses may include use of the Data/Datasets for research evaluation and testing of a product or technology but will not extend to proposals that include or incorporate the Data/Datasets into such product."

Our question is about the interpretation of "incorporate the Data/Datasets into such product."

Does this clause prohibit the integration of an AI model trained on SHHS data into a commercial product? Or does the term "Data/Datasets" refer strictly to the original data, allowing a trained model (a derivative work that does not contain the source data itself) to be used in a product?

We would appreciate clarification on this point to ensure our use complies with the DAUA. Thank you for your time and assistance.

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DanMobley +1 point · 10 months ago

Hello. Thank you for your question. The clause prohibits the inclusion or incorporation of the actual Data or Datasets in the commercial product. It does not prohibit the integration of a model trained using the data into the product as long as you are not incorporating the actual data into the product.

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chutiw +0 points · 10 months ago

Hello Dan,

Thank you for your prompt clarification, which was fantastic news for our project. We are so impressed with the generosity of the NSRR and NHLBI in making many high-quality datasets accessible even for commercial use. Thank you all again for maintaining this wonderful resource.

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chutiw +0 points · 10 months ago

Hello,

We have another question regarding the citation requirement in DAUA section 18, which states: "In all publications and other citations that use resources... User agrees to acknowledge the appropriate grants and references..."

Would a product's user manual be considered within the scope of "publications and other citations"?

For context, the commercial product in question would use AI models trained on SHHS dataset. However, the user manual is strictly an instructional guide for customers on how to operate the product and does not contain any technical details about the AI models.

To be clear, we fully intend to provide the required acknowledgments in all of our academic papers, technical white papers, and conference presentations related to the dataset. Our question is specifically about the end-user documentation, since including the acknowledgments there would require a separate production process.

Thank you for your guidance.

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DanMobley +0 points · 10 months ago

Hello. The citation and acknowledgments are expected to be included in academic papers, technical white papers, etc., as you mention. They are not expected to be extended to end-user documentation for final products you produce or manufacture.