Use of the Materials Clause Samples
The "Use of the Materials" clause defines how parties are permitted to access, utilize, and interact with specific materials provided under an agreement. It typically outlines the scope of permitted uses, such as whether materials can be copied, modified, distributed, or used for commercial purposes, and may set restrictions to prevent unauthorized or unintended uses. By clearly specifying these terms, the clause helps prevent misuse or infringement, ensuring both parties understand their rights and obligations regarding the materials.
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Use of the Materials. 2.1 The Recipient shall ensure that the Cell Lines are:
2.1.1 used only for the purposes of academic, non-commercial research;
2.1.2 not used for administration to human subjects, or for therapeutic or diagnostic use;
2.1.3 not used for any purposes prohibited by the Human Reproductive Cloning Act 2001, and
2.1.4 not transferred outside of Recipient’s premises or made available to anyone other than personnel of the Recipient.
2.2 Recipient represents and warrants that it is NOT any of the following:
a) a for-profit entity;
b) an entity that receives the majority of its operating budget from a for- profit entity, or
c) a for-profit organization’s research foundation (including a not-for-profit research foundation)
2.3 Recipient acknowledges that the Cell Lines were made using a CytoTuneTM iPS Reprogramming kit obtained from Life Technologies Corporation , by Sanger as ‘the buyer’, under a Limited Use Label Licence, the terms of which are set out at Schedule 1 and which prohibit use of the Cell Lines for commercial applications (as defined at Schedule 1). Recipient agrees that it will not use or permit the use of the Cell Lines for any such commercial application and will comply with the terms set out at Schedule 1 as they apply to the Cell Lines supplied under this Agreement. Without prejudice to the generality of the foregoing, Recipient understands that some uses of the Cell Lines may require a licence from Life Technologies Corporation or its licensor, DNAVEC Corporation. Neither Sanger nor ECACC accepts any liability in relation thereto. Any queries relating to the scope of Schedule 1 and any requirement for a separate licence should be directed to Life Technologies and/or DNAVEC. Further, Generating iPS cells requires using the “Yamanaka factors” to induce reprograming into iPS cells. These were discovered by Prof ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇'▇ team at Kyoto University. These factors and related methods are the subject of patents or patent applications held by Kyoto University. These rights cannot be commercialised without a licence obtained from iPS Academia Japan, Inc. (▇▇▇▇://▇▇▇.▇▇▇-▇▇▇▇.▇▇▇/e/index.php).
Use of the Materials. 2.1 The Recipient shall ensure that the Materials are:
2.1.1 used only for the purposes of the Investigation and not for administration to human subjects;
2.1.2 handled and stored in accordance with any reasonable protocols provided to the Recipient pursuant to Clause 1.2; and
2.1.3 not made available to anyone other than personnel of the Recipient engaged in carrying out the Investigation.
Use of the Materials. The Recipient Institution shall ensure that the Materials are:
2.1 used only for the purposes of the Investigation and not for administration to human subjects;
2.2 handled and stored in accordance with any reasonable protocols provided to the Recipient Institution pursuant to Clause 1.2; and
2.3 not made available to any other organisation or personnel other than personnel of the Recipient Institution engaged in carrying out the Investigation.
2.4 used for research purposes only at the Recipient Institution, and not, directly or indirectly, for commercial purposes, and excludes any use that benefits a for profit institution.
2.5 The libraries cannot be used for commercial purposes or by for-profit organisations without first obtaining a licence from the Carnegie Institution of Washington with respect to the patent properties listed below:
(1) US Patent Application 60/068562 Filed 23 December 1997 (2) US Patent Application Serial no 09/215, 257 Filed 13 December 1998
(3) PCT Application no PCT/US98/27233 Filed 21 December 1998 Published as WO 99/32619 on 1 July 1999 and has national stage applications in the following: Australian Application No 19380/99 Canadian Application No 2,311,999 European Application No ▇▇▇▇▇▇▇▇.0 Japanese Application No not yet designated.
2.6 The RNAi feeding library is provided for research purposes only, and may not be used for any commercial purposes, including but not limited to: (1) screening by any entity other than a not-for-profit organization of the RNAi feeding library or any substantial part thereof of on average more than 30 genes per screening day; and/or
Use of the Materials. The Recipient Institution shall ensure that the Materials are:
2.1 used only for the purposes of the Investigation and not for therapeutic, diagnostic and human uses.
2.2 handled and stored in accordance with any reasonable protocols provided to the Recipient Institution pursuant to Clause 1.2; and
2.3 not made available to any other organization or personnel other than personnel of the Recipient Institution engaged in carrying out the Investigation.
2.4 used for research purposes only at the Recipient Institution, and not directly or indirectly, for commercial purposes, and excludes any use that benefits profits for the profit institution.
2.5 patented as follows to the best of the knowledge of K. K. DNAFORM*:
(1) US Patent Application 60/068562 Filed 23 December 1997 (2) US Patent Application Serial no 09/215, 257 Filed 18 December 1998
(3) PCT Application no PCT/US98/27233 Filed 21 December 1998 Published as WO 99/32619 on 1 July 1999 and has national stage applications in the following: Australian Patent No 743798 Canadian Patent No 2311999 European Patent No2267131 Japanese Patent No 5148028, etc.
(4) PCT Application no PCT/AU99/49079 Filed 2 July 1999 Published as WO 00/01846 on 13 July 2000 and has national stage applications in the following: Australian Patent No 769223 Canadian Patent No 2332619 European Patent No 1197567 Japanese Patent No 4353639, etc. *K. K. DNAFORM does not guarantee that there are no other patents.
Use of the Materials. Use of the Materials include but are not limited to viewing parts or the whole of the content included in the Materials; comparing data or content from the Materials with data or content in other Materials; verifying research results with the content included in the Materials; and extracting and/or appropriating any part of the content included in the Materials for use in other projects, publications, research, or other related work products.
Use of the Materials. The Recipient Company shall ensure that the Materials are:
2.1 used only for the purposes of the Investigation and not for administration to human subjects;
2.2 handled and stored in accordance with any reasonable protocols provided to the Recipient Company pursuant to Clause 1.2; and
2.3 not made available to anyone other than personnel of the Recipient Company engaged in carrying out the Investigation.
2.4 The libraries cannot be used for commercial purposes or by for-profit organisations without first obtaining a licence from the Carnegie Institution of Washington with respect to the patent properties listed below:
(1) US Patent Application 60/068562 Filed 23 December 1997 (2) US Patent Application Serial no 09/215, 257 Filed 13 December 1998
(3) PCT Application no PCT/US98/27233 Filed 21 December 1998 Published as WO 99/32619 on 1 July 1999 and has national stage applications in the following: Australian Application No 19380/99 Canadian Application No 2,311,999 European Application No ▇▇▇▇▇▇▇▇.0 Japanese Application No not yet designated
2.5 The RNAi feeding library is provided for research purposes only, and may not be used for any commercial purposes, including but not limited to: (1) screening by any entity other than a not-for-profit organization of the RNAi feeding library or any substantial part thereof of on average more than 30 genes per screening day; and/or
Use of the Materials. The Recipient Institution shall ensure that the Materials are:
2.1 used only for the purposes of the Investigation and not for administration to human subjects;
2.2 handled and stored in accordance with any reasonable protocols provided to the Recipient Institution pursuant to Clause 1.2;
2.3 not made available to any other organisation or personnel other than personnel of the Recipient Institution engaged in carrying out the Investigation; and
2.4 used for research purposes only at the Recipient Institution.
Use of the Materials. 9.1 Except with the consent in writing of IWM, the Contractor shall not disclose the Contract or any provision thereof to any person other than a person employed by the Contractor in the carrying out of the Contract or any other person concerned with the same. Such disclosure shall be made in confidence and extend so far as may be necessary for the purposes of the Contract.
9.2 Except with the consent in writing of IWM, the Contractor shall not make use of the Contract or any information issued or furnished by or on behalf of IWM otherwise than for the purpose of the Contract.
Use of the Materials. 6.1 Oxitec shall be responsible for maintaining the Materials within the Insectary, for transporting the New Animal Drug to the field and releasing it there, and for transporting field samples to the Monitoring Laboratory, all in accordance with the Protocol.
6.2 FKMCD shall:
(a) use the New Animal Drug and the Equipment only in accordance with the Protocol, and as directed by the Project Manager and shall comply with all reasonable instructions given by ▇▇▇▇▇▇ and/or its Project Manager from time to time in relation to the use of the Materials;
(b) not provide the New Animal Drugs or the Equipment to any Third Party except as contemplated in this Agreement;
(c) not perform any compositional, structural or other analysis of the New Animal Drug, the Materials or the Equipment or undertake any reverse engineering in relation to the New Animal Drugs, the Materials or the Equipment, without Oxitec’s prior written consent;
(d) not remove the New Animal Drug from the Insectary nor provide access to the Insectary or the Monitoring Laboratory to any employee of FKMCD or to Third Party without the prior written authorisation of Oxitec or the Project Manager;
(e) nothing in this clause 6.2 prevents FKMCD permitting access to the Insectary or Monitoring Laboratory without prior written authorisation in circumstances where preventing such access would contravene legislation and Oxitec is informed as soon as reasonably possible.
6.3 FKMCD shall ensure that all employees of FKMCD assigned to work with the Project Manager cooperate fully with the Project Manager and give the Project Manager advance notice of any planned absences from work and notification of absences due to illness as soon as is practical to do so. Oxitec reserves the right to exclude individual employees of FKMCD from the Project Team in its absolute discretion.
6.4 The Equipment, Materials and any copies thereof made by or in the possession of or under the control of FKMCD pursuant to this Agreement shall at all times remain the property of Oxitec (or its licensors) and no transfer of title shall occur under the terms of this Agreement. The Equipment, Materials and any copies thereof made by or in the possession of or under the control of FKMCD shall be immediately returned or, if Oxitec so requests, destroyed.
6.5 Except as expressly provided by this Agreement, no licence under any of Oxitec's intellectual property is granted or implied by this Agreement.
6.6 FKMCD understands and acknowledges that th...
Use of the Materials. 3.1 The uses of the materials accessed by the recipient are laid down in a permit issued by the competent provider state authority and/or an access agreement concluded between this authority and the recipient.
3.2 The landowner declares to have been duly informed about the approved uses and rights and limits of transfer of the materials to third parties.