Common use of Use of the Materials Clause in Contracts

Use of the Materials. The Recipient Institution shall ensure that the Materials are: 2.1 used only for the purposes of the Investigation and not for therapeutic, diagnostic and human uses. 2.2 handled and stored in accordance with any reasonable protocols provided to the Recipient Institution pursuant to Clause 1.2; and 2.3 not made available to any other organization or personnel other than personnel of the Recipient Institution engaged in carrying out the Investigation. 2.4 used for research purposes only at the Recipient Institution, and not directly or indirectly, for commercial purposes, and excludes any use that benefits profits for the profit institution. 2.5 patented as follows to the best of the knowledge of K. K. DNAFORM*: (1) US Patent Application 60/068562 Filed 23 December 1997 (2) US Patent Application Serial no 09/215, 257 Filed 18 December 1998 (3) PCT Application no PCT/US98/27233 Filed 21 December 1998 Published as WO 99/32619 on 1 July 1999 and has national stage applications in the following: Australian Patent No 743798 Canadian Patent No 2311999 European Patent No2267131 Japanese Patent No 5148028, etc. (4) PCT Application no PCT/AU99/49079 Filed 2 July 1999 Published as WO 00/01846 on 13 July 2000 and has national stage applications in the following: Australian Patent No 769223 Canadian Patent No 2332619 European Patent No 1197567 Japanese Patent No 4353639, etc. *K. K. DNAFORM does not guarantee that there are no other patents.

Use of the Materials. The Recipient Institution shall ensure that the Materials are: 2.1 used only for the purposes of the Investigation and not for therapeutic, diagnostic and human uses. 2.2 handled and stored in accordance with any reasonable protocols provided to the Recipient Institution pursuant to Clause 1.2; and 2.3 not made available to any other organization or personnel other than personnel of the Recipient Institution engaged in carrying out the Investigation. 2.4 used for research purposes only at the Recipient Institution, and not directly or indirectly, for commercial purposes, and excludes any use that benefits profits for the profit institution. 2.5 patented as follows to the best of the knowledge of K. K. DNAFORM*: (1) US Patent Application 60/068562 Filed 23 December 1997 (2) US Patent Application Serial no 09/215, 257 Filed 18 December 1998 (3) PCT Application no PCT/US98/27233 Filed 21 December 1998 Published as WO 99/32619 on 1 July 1999 and has national stage applications in the following: Australian Patent No 743798 Canadian Patent No 2311999 European Patent No2267131 Japanese Patent No 51480280000000, etc. (4) PCT Application no PCT/AU99/49079 Filed 2 July 1999 Published as WO 00/01846 on 13 July 2000 and has national stage applications in the following: Australian Patent No 769223 Canadian Patent No 2332619 European Patent No 1197567 0000000 Japanese Patent No 43536390000000, etc. *K. K. DNAFORM does not guarantee that there are no other patents.