USE OF THE MATERIAL AND INTELLECTUAL PROPERTY. The Provider who maintains the ownership of the Material, including any Material contained or incorporated in Modifications owns the Material The Recipient will use the Material solely and strictly in connection with performing the Research activities at Recipient’s institutional facilities and under the direction of Recipient’s Scientist only. No rights are provided to Recipient under any patent applications, trade secrets or other proprietary rights of IZSVe. In particular, no rights are provided to use the Material or Modifications for profit-making or commercial purposes, or provision of a commercial service based upon the Material or Modifications. The Material shall not be incorporated into any service or product for sale, or used for the commercial provision. If Recipient desires to use the Material or Modifications for such profit-making or commercial purposes, Recipient agrees that it must first negotiate a license or other appropriate agreement with IZSVe and third parties as may be required, and it is further understood by Recipient that IZSVe shall have no obligation to enter into such a license or agreement. The Recipient may distribute substances created by the Recipient with the Original Material only if those substances are not Progeny, Unmodified Derivatives, or Modifications with prior written notice to the Provider. If the Student completing a Thesis under supervision of the Recipient, or the Recipient’s scientists wants to publish any result derived from the Recipient’s activities made on the Material, the Recipient scientists or Student is not restricted to do so and must include the names of the Provider’s scientists in their publications. No patent applications may be filed by the Recipient claiming inventions made by the Recipient with the Materials without written consent of the Provider Except as provided in this Agreement, no express or implied licenses or other rights are provided to the Recipient under the Patent Rights. In particular, no express or implied licenses or other rights are provided to use the Material, Modifications, or any related patents of the Provider for Commercial Purposes. Otherwise any results as well as any know-how, discoveries, inventions and other intellectual property generated by the Recipient through the use of the Material permitted by this Agreement, will be owned by the Recipient. The Recipient shall destroy the Material and Modifications after completion of Research purpose.
Appears in 1 contract
Samples: Biological Material Transfer Agreement for Research Purposes
USE OF THE MATERIAL AND INTELLECTUAL PROPERTY. The Material is owned by the Provider who maintains the ownership of the Material, including any Material contained or incorporated in Modifications owns The Material will be used by the Material The Recipient will use the Material solely and strictly in connection with performing the Research activities at Recipient’s institutional facilities and under the direction of Recipient’s Scientist only. No rights are provided to Recipient under any patent applications, trade secrets or other proprietary rights of IZSVe. In particular, no rights are provided to use the Material or Modifications for profit-making or commercial purposes, or provision of a commercial service based upon the Material or Modifications. The Material shall not be incorporated into any service or product for sale, or used for the commercial provision. provision. If Recipient desires to use the Material or Modifications for such profit-making or commercial purposes, Recipient agrees that it must first negotiate a license or other appropriate agreement with IZSVe and third parties as may be required, and it is further understood by Recipient that IZSVe shall have no obligation to enter into such a license or agreement. The Recipient may distribute substances created by the Recipient with through the use of the Original Material only if those substances are not Progeny, Unmodified Derivatives, or Modifications with prior written notice to the Provider. If the Student completing a Thesis under supervision of the Recipient, or the Recipient’s scientists wants to publish any result derived from the Recipient’s activities made on the Material, the Recipient scientists or Student is not restricted to do so and must include the names of the Provider’s scientists in their publications. No patent applications may be filed by the Recipient claiming inventions made by the Recipient with through the use of the Materials without written consent of the Provider Except as provided in this Agreement, no express or implied licenses or other rights are provided to the Recipient under the Patent Rights. In particular, no express or implied licenses or other rights are provided to use the Material, Modifications, or any related patents of the Provider for Commercial Purposes. Otherwise any results as well as any know-how, discoveries, inventions and other intellectual property generated by the Recipient through the use of the Material permitted by this Agreement, will be owned by the Recipient. The Recipient shall destroy the Material and Modifications after completion of Research purpose.
Appears in 1 contract
USE OF THE MATERIAL AND INTELLECTUAL PROPERTY. The Material is owned by the Provider who maintains the ownership of the Material, including any Material contained or incorporated in Modifications owns The Material will be used by the Material The Recipient will use the Material solely and strictly in connection with performing the Research activities at Recipient’s institutional facilities and under the direction of Recipient’s Scientist only. No rights are provided to Recipient under any patent applications, trade secrets or other proprietary rights of IZSVe. In particular, no rights are provided to use the Material or Modifications for profit-making or commercial purposes, or provision of a commercial service based upon the Material or Modifications. The Material shall not be incorporated into any service or product for sale, or used for the commercial provision. If Recipient desires to use the Material or Modifications for such profit-making or commercial purposes, Recipient agrees that it must first negotiate a license or other appropriate agreement with IZSVe and third parties as may be required, and it is further understood by Recipient that IZSVe shall have no obligation to enter into such a license or agreement. The Recipient may distribute substances created by the Recipient with through the use of the Original Material only if those substances are not Progeny, Unmodified Derivatives, or Modifications with prior written notice to the Provider. If the Student completing a Thesis under supervision of the Recipient, or the Recipient’s scientists wants to publish any result derived from the Recipient’s activities made on the Material, the Recipient scientists or Student is not restricted to do so and must include the names of the Provider’s scientists in their publications. No patent applications may be filed by the Recipient claiming inventions made by the Recipient with through the use of the Materials without written consent of the Provider Except as provided in this Agreement, no express or implied licenses or other rights are provided to the Recipient under the Patent Rights. In particular, no express or implied licenses or other rights are provided to use the Material, Modifications, or any related patents of the Provider for Commercial Purposes. Otherwise any results as well as any know-how, discoveries, inventions and other intellectual property generated by the Recipient through the use of the Material permitted by this Agreement, will be owned by the Recipient. Recipient. The Recipient shall destroy the Material and Modifications after completion of Research purpose.
Appears in 1 contract
USE OF THE MATERIAL AND INTELLECTUAL PROPERTY. Subject to the terms and conditions herein, the Company expressly agrees that no other use detailed above are allowed, unless IZSVe expressly agrees to. The Provider who maintains Company agrees that the ownership Material:
a) will not be used for Commercial Purposes; any commercial use of the MaterialMaterial is strictly forbidden. The Company undertakes not to sell, including any Material contained lend, supply, disclose, transfer, give or incorporated in Modifications owns distribute the Material to any third party;
b) will not be used in human subjects, in clinical trials, or for diagnostic purposes involving human subjects without the Provider's prior written consent;
c) will be used only at the Recipient organization and only in the Researcher's laboratories under the direction of the Researcher or others working under his or her direct supervision;
d) will not be further transferred without the Provider's prior written consent. The Recipient Company will refer any request for the Material from anyone other than those persons working under the Researcher's direct supervision to the Provider's Scientist. Upon request, the Company will provide to IZSVe with a summary of the Research Activities obtained with the Material. The Company will use the Material solely in compliance with all Malta laws and strictly in connection with performing the Research activities at Recipient’s institutional facilities governmental regulations guidelines recommendations issued by national and under the direction of Recipient’s Scientist only. No rights are provided international body applicable to Recipient under any patent applications, trade secrets or other proprietary rights of IZSVe. In particular, no rights are provided to use the Material or Modifications for profit-making or commercial purposes, or provision of a commercial service based upon the Material or and Modifications. The Material strain shall not be incorporated into any service or product for sale, or used for the commercial provision. If The Company is free to release scientific publications concerning the outcomes of the scientific research carried out with the Strains. Every publication referred to the Strains or Derivatives shall acknowledge the source of the material, giving the due reference to IZSVe. All intellectual property rights resulting from the development of products for which the Comapny or any Company affiliate has used the Strains as research materials shall be the sole property of the Company and the Company shall have the right at its own discretion to apply for patents in its own name and at its own expense. IZSVe and the Recipient desires to shall be co-owner of possible modifications of the Strains (i.e. the Derivatives). In that case the Parties shall negotiate with an appropriate written Agreement the means of commercial exploitation, patenting, and the regulation of the respective aspects. Neither Party shall use the Material name or Modifications for such profit-making the logo of the other Party, of its Principal Investigator or commercial purposesits employees in any publicity, Recipient agrees that it must first negotiate a license new release, publication or other appropriate agreement with IZSVe and third parties as may be required, and it is further understood by Recipient that IZSVe shall have no obligation to enter into such a license or agreementadvertising without the express prior written approval of the Party. The Recipient may distribute substances created Parties acknowledge and agree that all intellectual property rights related to the logo will remain exclusive property of the owning Party; particularly, with no limitation, the usage of the logo of a Party by the Recipient with the Original Material only if those substances are other Party will not Progeny, Unmodified Derivatives, or Modifications with prior written notice transfer to the Provider. If the Student completing a Thesis under supervision of the Recipient, using Party any rights or the Recipient’s scientists wants to publish any result derived from the Recipient’s activities made on the Material, the Recipient scientists or Student is not restricted to do so and must include the names of the Provider’s scientists in their publications. No patent applications may be filed by the Recipient claiming inventions made by the Recipient with the Materials without written consent of the Provider Except as provided in this Agreement, no express or implied licenses or other rights are provided titles related to the Recipient under the Patent Rights. In particular, no express or implied licenses or other rights are provided to use the Material, Modifications, or any related patents of the Provider for Commercial Purposes. Otherwise any results as well as any know-how, discoveries, inventions and other intellectual property generated by the Recipient through the use of the Material permitted by this Agreement, will be owned by the Recipient. The Recipient shall destroy the Material and Modifications after completion of Research purposelogo.
Appears in 1 contract
Samples: Service Agreement