Common use of Use of the Material Clause in Contracts

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 enters into an agreement with the competent authority of the COUNTRY OF ORIGIN, it will inform CBS about its IRCC number or other unique identifier. 4.5 RECIPIENT agrees to use the MATERIAL with caution and prudence, due to the potentially hazardous and experimental nature of the MATERIAL, which may be specified in the catalogue description or other documentation provided by CBS. 4.6 RECIPIENT is allowed to multiply the documentation delivered by CBS, only for the purpose of any lawful manner for research, development or quality control purposes. RECIPIENT is not allowed to disclose the documentation to third parties, save those involved in LEGITIMATE EXCHANGES. 4.7 RECIPIENT agrees to refer to the Westerdijk Fungal Biodiversity Institute, including the CBS- or NCCB-strain accession number(s) referring to the MATERIAL and the COUNTRY OF ORIGIN of the MATERIAL in all publications, taking into account applicable national and international laws implementing the Nagoya Protocol to the Convention on Biological Diversity.

Use of the Material. 4.1 CBS WI-KNAW 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 WI-KNAW 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 WI-KNAW and RECIPIENT, e.g. as Annex(es▇▇▇▇▇(es) signed by both Parties. a. Any use by RECIPIENT of the MATERIAL for a COMMERCIAL PURPOSE requires the specific prior written authorization of CBSWI-KNAW. Such approval will not be unreasonably withheld. Information on possibilities to obtain a commercial use license and costs involved can be provided on request. b. RECIPIENT will inform CBS WI-KNAW 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 CBSWI-KNAW, 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 CBSWI-KNAW, other available information relevant to access and benefit sharing under the CBD. 4.4 Notwithstanding any information or documentation provided by CBS WI-KNAW 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 enters into an agreement with the competent authority of the COUNTRY OF ORIGIN, it will inform CBS WI-KNAW about its IRCC number or other unique identifier. 4.5 RECIPIENT agrees to use the MATERIAL with caution and prudence, due to the potentially hazardous and experimental nature of the MATERIAL, which may be specified in the catalogue description or other documentation provided by CBSWI-KNAW. 4.6 RECIPIENT is allowed to multiply the documentation delivered by CBSWI-KNAW, only for the purpose of any lawful manner for research, development or quality control purposes. RECIPIENT is not allowed to disclose the documentation to third parties, save those involved in LEGITIMATE EXCHANGES. 4.7 RECIPIENT agrees to refer to the Westerdijk Fungal Biodiversity Institute, including the CBS- or NCCB-strain accession number(s) referring to the MATERIAL and the COUNTRY OF ORIGIN of the MATERIAL in all publications, taking into account applicable national and international laws implementing the Nagoya Protocol to the Convention on Biological Diversity.