Common use of Use of the Material Clause in Contracts

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, MODIFICATIONS, or any related patents of the PROVIDER for profit-making or commercial purposes. The MATERIAL will not be used in research that is subject to consulting or licensing obligations to another corporation, company, or business entity unless written permission is obtained from PROVIDER.

Appears in 3 contracts

Sources: Material Transfer Agreement, Material Transfer Agreement, Material Transfer Agreement

Use of the Material. 2.1 (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 - explicitly admitted by an ethics committee or regulations on the treatment of laboratory animals. 2.2 (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 's prior written approval. 2.3 (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 (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 (5) Under a separate agreement at least as protective of PROVIDER’s 's rights as this Agreement, RECIPIENT may distribute MODIFICATIONS to non-profit organizations for research and teaching purposes only. 2.6 (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 (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, MODIFICATIONS, or any related patents of the PROVIDER for profit-making or commercial purposes. The MATERIAL will not be used in research that is subject to consulting or licensing obligations to another corporation, company, or business entity unless written permission is obtained from PROVIDER.

Appears in 2 contracts

Sources: Material Transfer Agreement, Material Transfer Agreement

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 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 2.5 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 2.6 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, MODIFICATIONS, or any related patents of the PROVIDER for profit-making or commercial purposes. The MATERIAL will not be used in research that is subject to consulting or licensing obligations to another corporation, company, or business entity unless written permission is obtained from PROVIDER.

Appears in 2 contracts

Sources: Material Transfer Agreement, Material Transfer Agreement