Use of the Material Clause Samples
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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. The Recipient represents and warrants that it shall only use the Material for the purpose of the Project in order to make the research specifically described in Annex 2 to this Agreement. The Recipient agrees that it shall not be entitled to use, perform tests and / or carry out any other analysis of the Material nor any of its analogs, derivatives, synthesis or mixture of compounds for purposes not described in Annex 2, by itself or through third parties. The Recipient agrees not to make, develop, use, carry out tests and / or analyze the Material in any way for commercial purposes. The Material shall not be used in research under consulting or license agreements of the Recipient or its scientific and / or employees with individuals, companies or other institutions not bound by this Agreement, without the prior written consent of the Provider. The Recipient represents and warrants that it will use the Material in compliance with all applicable laws and regulations, including but not limited to health legislation relating to research involving the use of animals. The Parties agree that the Material SHALL NOT BE USED IN HUMANS. The Material shall be stored and used only at the premises of the Recipient who undertakes not to change the location of the Material or the custody of the same without the prior written consent of the Provider. The Recipient also undertakes to limit access to the Material to those of its employees taking part in the Project who require access to the Material for the fulfilment of their responsibilities thereunder. In this regard, the Recipient ensures that all of its employees having access to Material shall comply with the provisions of this Agreement. This Agreement does not restrict the right of the Provider to transfer, deliver or distribute the Material to third parties for commercial purposes or not, or to continue their own research and development of the Materials. The present Agreement does not restrict the right of the Provider to publish, disclose or communicate information related to the Material. The Recipient acknowledges that the Provider does not grant any license to commercial use of the Material and that it may grant licenses to third parties for commercial purposes on an exclusive or non-exclusive basis.
Use of the Material. 2.1 Upon acceptance of this MTA, Mouse Provider shall permit ▇▇▇▇ 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 ▇▇▇▇ 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 ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇.
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. 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. 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. 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. The RECIPIENT ORGANIZATION shall [1] use the MATERIALS only for the purpose of the Clinical Trial Study; [2] shall not be used in human subjects or COMMERCIAL PURPOSES. DELIVERY OF THE MATERIAL.- The ORIGINAL MATERIAL shall be: [1] delivered by the PROVIDER to the RECIPIENT ORGANIZATION at the expense of the SPONSOR; [2] without identifiable information to any of the Study Participant from whom the ORIGINAL MATERIAL was taken. INTELLECTUAL PROPERTY (IP). - [1] Ownership of IPs derived from the MATERIALS is defined by the Applicable Laws, the Clinical Trial Agreement and the iNFORMED CONSENT of Study Participants; [2] The PARTIES including the Study Participants do not make any implied waiver of any IP Rights accorded by Applicable Laws; [3] Publication. - (a) this Agreement shall not be interpreted to prevent or delay publication of research findings resulting from the use of the MATERIAL unless its publication might be considered as a PRIOR ART which jeopardizes application for patent; and, (b) the PARTY who will publish agrees to provide appropriate acknowledgement of the source of the MATERIAL in all publications. COMPLIANCES WITH LAWS, RULES & REGULATIONS. - The extraction, transfer, and processing of the MATERIALS shall be in compliance with Applicable Laws and the national law where the MATERIALS are transferred.
Use of the Material. KTH hereby acquires a non-exclusive right of use to freely store, modify and publish or otherwise disseminate the Material in both printed and digital form without compensation to the Participant and without limitation in terms of format, choice of channel, medium or edition. Distribution will take place via KTH’s or its collaborative partners’ websites and social media, in advertisements, in newsletters, in brochures and other printed material, and as press photos for example. KTH is entitled to freely sublicense the right to use the Material to KTH’s collaborative partners within the framework of the purpose stated in section 1.3. The Participant has the right to use Material disseminated by KTH for private use and as a reference for future assignments. When using the Material, the Participant shall ensure that KTH’s obligations towards the party that produced the Material on behalf of KTH are upheld. KTH is not obliged to notify the Participant when the Material will be published or otherwise disseminated. KTH shall name the Participant insofar as this is practicable and not inappropriate given the context.