Common use of Use of the Material Clause in Contracts

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 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 regulationsregulations applicable to such Material in the Recipient's place and country, including but not limited to health legislation relating to research involving the use of animalsguidelines for work with recombinant DNA. The Parties agree that 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 SHALL NOT BE USED IN HUMANSor any EMBL information other than herein expressly specified. The Material shall be stored 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 used 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 at to the premises extent of the EMBL’s prior written approval. The Recipient who undertakes shall not to change the location of use the Material or any substance that is replicated or derived thereof for any commercial or profit-generating purpose, or in the custody conduct of the same 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 Provider. The Recipient also undertakes to limit access to studies using the Material to those as defined in Annex 1 or at the expiry of its employees taking part in the Project who require access to the Material for the fulfilment of their responsibilities thereunder. In this regardMTA, whichever occurs first, the Recipient ensures that all of its employees having access to Material shall comply with shall, at the provisions of this Agreement. This Agreement does not restrict the right discretion of the Provider EMBL, either destroy or return to transfer, deliver or distribute the EMBL the remaining 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 Modifications incorporating the Material. The Upon request, the Recipient acknowledges that shall inform EMBL on the Provider does not grant any license to commercial use status of the Material and that it may grant licenses to third parties for commercial purposes on an exclusive or non-exclusive basisits research.

Use of the Material. 2.1. 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. 2.2. 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. 2.3. 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. 2.4. 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. 2.5. 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 fulfillment of their responsibilities thereunderhereunder. In this regard, the Recipient ensures that all of its employees having access to Material shall comply with the provisions of this Agreement. 2.6. 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. 2.7. The present Agreement does not restrict the right of the Provider to publish, disclose or communicate information related to the Material. 2.8. 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 non‐exclusive basis.