Tropical Infectious Diseases Diagnostics and Therapeutics Research Toolkit

Unilateral OpenMTA

NOTICE OF CONDITIONS

 Upon acceptance and use of this Material, the Recipient agrees to the following conditions:

1. Use: The Recipient shall use, store, and dispose of the Material and any Modifications in accordance with good laboratory practice and shall ensure compliance with all applicable laws, rules, and regulations, including laws, rules, and regulations governing export control and safety.  
2. Attribution: The Recipient has no obligation to acknowledge the Provider
3. Distribution: The Recipient may distribute the Material and substances created by the Recipient through use of the Material, including Progeny, Unmodified Derivatives, and Modifications, without requesting consent from the Provider.  The Provider DISCLAIMS ALL RIGHTS of notification regarding any distribution of the Material by the Recipient to third parties. 
4. Fees: The Material is provided at no cost, or with an optional transmittal fee solely to reimburse the Provider for its preparation and distribution costs.
5. Intellectual Property: The Provider disclaims all intellectual and other property rights to the supplied Materials. Should Recipient use the Materials to develop novel products or processes, the Provider will not at any time claim downstream rights to these products or processes, or to any subsequent innovations that flow from them. 
6. No Implied License: Except for the rights expressly granted herein, the Recipient agrees that no other rights or licenses, whether express or implied, are granted to the Recipient under any patent, patent application, or other proprietary right of the Provider. As between the parties, each retains all right, title, and interest in works and inventions made by its personnel, and nothing herein shall be construed to transfer ownership of any invention, patent, patent application, or other proprietary right.
7. Liability: Except to the extent prohibited by law, the Recipient assumes all liability for damages that may arise from the use, storage or disposal of the Material. The Provider will not be liable to the Recipient for any loss, claim or demand made by the Recipient, or made against the Recipient by any other party, due to or arising from the use of the Material by the Recipient, except to the extent permitted by law when caused by the gross negligence or willful misconduct of the Provider.
8. No Warranties: Any Material delivered pursuant to the Agreement is understood to be experimental in nature and may have hazardous properties. THE PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS.

DEFINITIONS:

1. Material: Original Material, Progeny, and Unmodified Derivatives. The Material shall not include: (a) Modifications, or (b) other substances created by the Recipient through the use of the Material, which are not Modifications, Progeny, or Unmodified Derivatives.
2. Progeny: Unmodified descendant from the Material, such as virus from virus, cell from cell, or organism from organism.
3. Unmodified Derivatives: Substances created by the Recipient which constitute an unmodified functional subunit or product expressed by the Original Material. Some examples include: subclones of unmodified cell lines, purified or fractionated subsets of the Original Material, proteins expressed by DNA/RNA supplied by Provider, or monoclonal antibodies secreted by a hybridoma cell line.
4. Modifications: Substances created by the Recipient which contain/incorporate the Material.