Use of the Material. 2.1 The Recipient shall use the Material in compliance with all laws and regulations applicable to such Material in the Recipient's place and country, including guidelines for work with recombinant DNA. The Material being experimental in nature must not be used in humans or animals unless -where applicable -explicitly admitted by an ethics committee or regulations on the treatment of laboratory animals.
2.2 Nothing in this agreement shall be construed as granting any license under any intellectual property right vested into EMBL or any right to use the Material or any EMBL information other than herein expressly specified. The Material shall be used exclusively for the purposes described in Annex 1. It must not be released to any person other than the Recipient's Researcher/s named above and staff under their direct supervision who are bound by obligations not less strict than those set out herein. It shall be handled confidentially and forwarded to third parties only to the extent of EMBL’s prior written approval. The Recipient shall not use the Material or any substance that is replicated or derived thereof for any commercial or profit-generating purpose, or in the conduct of research that is subject to consulting, licensing or other similar legal or commercial obligations with other institutions, corporations or business entities including, but not limited to, use in drug screening, drug evaluation, assay development, or identifying drug targets for commercial purposes without the prior written consent of EMBL.
2.3 After conclusion of the studies using the Material as defined in Annex 1 or at the expiry of this MTA, whichever occurs first, the Recipient shall, at the discretion of the EMBL, either destroy or return to the EMBL the remaining Material and Modifications incorporating the Material. Upon request, the Recipient shall inform EMBL on the status of its research.
Use of the Material. 2.1 The RECIPIENT shall use the MATERIAL in compliance with all laws and regulations applicable to such MATERIAL in the RECIPIENT's place and country, including guidelines for work with recombinant DNA. The MATERIAL being experimental in nature must not be used in humans, in clinical trials, or for diagnostic purposes involving human subjects,or animals unless -where applicable -explicitly admitted by an ethics committee or regulations on the treatment of laboratory animals.
2.2 The MATERIAL shall be used exclusively for the purposes described in Annex 1. It must not be released to any person other than the RECIPIENT's RESEARCHER/s named above and staff under their direct supervision who are bound by obligations not less strict than those set out herein. It shall be handled confidentially and forwarded to third parties only to the extent of PROVIDER’s prior written approval.
2.3 After conclusion of the studies according Annex 1 on the MATERIAL or at the expiry of this MTA, whichever occurs first, the RECIPIENT shall, at the discretion of the PROVIDER, either destroy or return to the PROVIDER the remaining MATERIAL and Modifications incorporating the MATERIAL. Upon request, the RECIPIENT shall inform PROVIDER on the status of its research.
2.4 RECIPIENT shall have the right to distribute substances created by RECIPIENT through the use of the ORIGINAL MATERIAL, only if those substances are not PROGENY, UNMODIFIED DERIVATIVES or MODIFICATIONS.
2.5 Under a separate agreement at least as protective of PROVIDER’s rights as this Agreement, RECIPIENT may distribute MODIFICATIONS to non-profit organizations for research and teaching purposes only.
2.6 Without written consent of PROVIDER, RECIPIENT may not provide MODIFICATIONS for commercial purposes. It is recognized by RECIPIENT that such commercial purposes may require a commercial license from PROVIDER and that PROVIDER has no obligation to grant a commercial license to its ownership interest in the MATERIAL incorporated in the MODIFICATIONS.
2.7 The RECIPIENT acknowledges that the MATERIAL is or may be the subject of a patent application. Except as provided in this Agreement, no express or implied licenses or other rights are provided to the RECIPIENT under any patents, patent applications, trade secrets or other proprietary rights of PROVIDER, including any altered forms of the MATERIAL made by PROVIDER. In particular, no express or implied licenses or other rights are provided to use the MATERIAL, MODIFICATI...
Use of the Material. 2.1 The Recipient shall use the Material in compliance with all laws and regulations applicable to such Material in the Recipient's place and country, including guidelines for work with recombinant DNA. The Material being experimental in nature must not be used in humans or animals unless - where applicable - explicitly admitted by an ethics committee or regulations on the treat- ment of laboratory animals.
2.2 The Material shall be used exclusively for the purposes described in Annex 1. It must not be released to any person other than the Recipient's Scientist/s named above and staff under the Recipient's Scientist/s direct supervision who are bound by obligations not less strict than those set out herein. It shall be handled confidentially and forwarded to third parties only to the extent of Provider's prior written approval.
2.3 Upon request, the Recipient shall inform the Provider on the status of its research.
Use of the Material. 2.1 Upon acceptance of this MTA, Mouse Provider shall permit XXXX Repository to release to the Recipient the Material identified in the Annex (and in such amounts identified therein). The Recipient shall itself, and ensure that Staff shall, hold all Material subject to the terms herein.
2.2 The Recipient shall itself, and ensure that Staff shall, comply with all laws, regulations and codes of practice applicable to the Material and its use, storage and disposal as exist in the Recipient’s place and country, including all guidelines for research on biological materials and animals. The Material shall not be used in humans or for diagnostic testing of human tissue or samples.
2.3 The Material shall only be used for non-Commercial purposes and only by the Recipient and Staff and must not be released to any other person or entity or used for any other purpose without the prior written consent of the Mouse Provider. The Recipient (i) shall register the alleles carried by mice with a new mutation engineered from/with the Material with Mouse Genome Informatics (MGI) and (ii) is requested to submit breeding pairs to a public repository such as the European Mouse Mutant Archive (EMMA) or a similar repository of the Recipient’s choice for cryopreservation and distribution to third parties for non-Commercial purposes, using either this MTA or a material transfer agreement with similar terms to this MTA.
2.4 All Material supplied pursuant to Section 2.1 is supplied Ex Works (EXW Incoterms 2000) from XXXX Repository. Subject to the terms of this MTA, risk in the physical Material shall pass to the Recipient upon its or its agent’s collection of the Material from EMMA Repository. Recipient is responsible for arranging itself for the import of the Material to its jurisdiction and facility and obtaining all import and export clearances and licenses.
2.5 Recipient shall pay a handling fee and shipping costs as agreed between XXXX Xxxxxxxxxx and the Recipient.
2.6 Recipient shall, subject to Section 3, own title in any physical Modifications that it or the Staff create(s).
2.7 Modifications shall only be used for non-Commercial purposes and only by the Recipient and Staff. The Recipient may release Modifications to non- profit organisations for non-Commercial use provided that the Recipient obtains prior written consent of the Mouse Provider for the release. Please send your request to release Modifications by email to xxxxxxxxxxxxxxxx@xxxx.xx.
Use of the Material. The Recipient hereby agrees:
(i) to use the Material (including any Material contained or incorporated in any Modification) for the sole purpose of conducting HD Research and Development and for no other purpose;
(ii) to use the Material and all substances created by the Recipient through the use of the Material (including any Material contained or incorporated in any Modification) in compliance with all applicable laws, rules and regulations;
(iii) not to use the Material (including any Material contained or incorporated in any Modification) in human subjects, in clinical trials or for diagnostic purposes involving human subjects; and
(iv) not to transfer the Material (including any Material contained or incorporated in any Modification) to any third party.
Use of the Material. 2.1 The Recipient shall use the Material in compliance with all laws and regulations applicable to such Material in the Recipient's place and country, including guidelines for work with recombinant DNA. The Material being experimental in nature must not be used in humans or animals unless - where applicable - explicitly admitted by an ethics committee or regulations on the treatment of laboratory animals.
2.2 The Material shall be used exclusively for the purposes described in Annex 1. It must not be released to any person other than the Recipient Scientist/s named above and staff under their direct supervision, who are bound by obligations not less strict than those set out herein. It shall be handled confidentially and forwarded to third parties only to the extent of Provider's prior written approval.
2.3 Upon request, the Recipient shall inform the Provider in confidence on the status of its research. “In confidence” means, that the Recipient/Provider shall keep confidential any confidential information directly arising from the Research that is disclosed to it by Provider/Recipient pursuant to this Agreement for a period of three (3) years from termination of the Agreement. The Recipient shall only use such information for the purposes of the Investigation and shall not disclose it to any person other than personnel of the Recipient engaged in carrying out the Investigation. For the avoidance of doubt, this section shall not prevent Recipient from being able to publish its findings and results pursuant to Section 3 below.
Use of the Material. 2.1 In execution of this contract, the RECIPIENT undertakes to use the MATERIAL exclusively for non-commercial activities described in Annex 2.
2.2 The RECIPIENT shall use the MATERIAL in compliance with the laws and regulations, guidelines and recommendations issued by international and national bodies applicable to such MATERIAL.
Use of the Material. 2.1 Recipient shall itself, and procure that Staff, shall comply with all laws, regulations and codes of practice applicable to the Material and its use, storage and disposal as exist in the Recipient's place and country, including all guidelines for research on biological materials and animals. The Material shall not be used in humans or for diagnostic testing of human tissue or samples.
2.2 The Material shall only be used for non-Commercial purposes and only by the Recipient and Staff and must not be released to any other person or entity or used for any other purpose without the prior written consent of the Mouse Producer. The Recipient (i) shall acknowledge PHENOMIN, and CIPHE will register the alleles carried by mice with a new mutation engineered from/with the Material with Mouse Genome Informatics (MGI); and (ii) will submit breeding pairs to the PHENOMIN mouse public repository at the Transgenesis, Archiving and Animal Models Laboratory (“TAAM”) or CIPHE, for cryopreservation and distribution to third parties for non-commercial purposes, using this PSMTA in substantive form.
2.3 Recipient shall pay a handling fee and shipping costs. Recipient is responsible for obtaining all import and export clearances and licences and arranging itself for the import of the Material to its local jurisdiction and facility.
2.4 Recipient shall, subject to Section 5, own title in any physical Modifications that it or the Staff creates.
2.5 Modifications shall only be used for non-Commercial purposes and only by the Recipient and Staff. Recipient may release Modifications to non-profit organizations for non-Commercial use.
Use of the Material. 4.1 CBS grants RECIPIENT a limited non-exclusive right to use the transferred MATERIAL in any lawful manner for research, education or quality control purposes, excluding the use for a COMMERCIAL PURPOSE. Terms that have already been mutually agreed by CBS or by its DEPOSITORS for the subsequent use of MATERIAL, shall be binding upon RECIPIENT, provided that these have been made part of the relevant material transfer agreement concluded between CBS and RECIPIENT, e.g. as Annex(es) signed by both Parties.
a. Any use by RECIPIENT of the MATERIAL for a COMMERCIAL PURPOSE requires the specific prior written authorization of CBS. Such approval will not be unreasonably withheld.
b. RECIPIENT will inform CBS before RECIPIENT files a patent application for an invention (or a similar intellectual property right) involving the use of the MATERIAL.
4.2 Use of the MATERIAL may be subject to third party’s rights, such as, but not limited to, intellectual property rights and the permission of the competent authority or government of the COUNTRY OF ORIGIN. Except for the limited rights of use granted under Article 4.1 of these General Terms and Conditions no express or implied licenses or other rights are provided herein to the RECIPIENT, including under any patents, patent applications, trade secrets or other proprietary rights, such as a permission to use of the competent authority or government of the COUNTRY OF ORIGIN.
4.3 Provided that such information is available to CBS, it will provide RECIPIENT with the identifier of an internationally recognized certificate of compliance (hereafter abbreviated to: ‘IRCC’); OR, if the IRCC is not available to CBS, other available information relevant to access and benefit sharing under the CBD.
4.4 Notwithstanding any information or documentation provided by CBS in relation to the transfer of MATERIAL, it is the RECIPIENT's sole responsibility to verify its need to obtain any intellectual property licenses and/or any other rights of use, including the permission of the appropriate authority of the COUNTRY OF ORIGIN, necessary for the use of the MATERIAL. If required, the RECIPIENT agrees, in advance of such use, to negotiate in good faith with the intellectual property rights owner(s) and/or appropriate authorities to establish the terms of a (commercial) license and/or permission to use MATERIAL; taking also into account specific national laws implemented due to the CBD and the Nagoya Protocol on ABS. In case the RECIPIENT ente...
Use of the Material. 5.1 Unless otherwise consented to by NIWA in writing, the Recipient will:
a) only use the Material for the Research Purpose and not modify or change the Research Purpose in any way;
b) not alter the Specimens in any way, including by dissection, genetic sampling, sectioning, taking casts or moulds of them, coating them for scanning electron microscopy (SEM) or for micro CT scanning;
c) not use the Material, or any Modifications, photographs, illustrations or 3D models of the Specimens for profit-making or commercial purposes without first entering into an appropriate licence or agreement with NIWA relating to that use (NIWA will negotiate with the Recipient in good faith but is under no obligation to enter into such a licence or agreement);
d) not use the Specimens for administration to human subjects, or for therapeutic or for diagnostic use, and
e) only use the Material at the Recipient’s institutional facilities under the direction of the Recipient Contact and not otherwise sell, transfer, distribute or supply the Material or Modifications to any third party.
5.2 In addition, the Recipient must:
a) Use, store, transport, handle and, if applicable destroy or dispose of, the Material in accordance with current best practice and procedure, all applicable domestic and international legal or regulatory requirements, any Special Conditions set out in the Agreement Details and all reasonable instructions provided by NIWA.
b) Keep the Material secure and take all reasonable and necessary steps to preserve the Specimens and protect them from damage, including damage from insects and other pests, humidity, heat, light, and food and drink. Specimens sent out in preservative must be securely maintained and not allowed to dry out.
c) Not separate labels or tags from the Specimens or alter them in any way, and ensure that any annotations related to the Specimens such as re-identification, type designations, or comments are made on a new label which includes the name of the responsible individual and year.
d) Provide NIWA with reasonable access to the Specimens as required.
