Nih Tetramer Facility Registration Form / Materials Transfer Agreement Page 4
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7The Recipient is notified by NIH of the existence of Stanford Patent Rights and the exclusive license
thereof to BCI, and that the restrictions set forth in the two paragraphs above shall exist only during the
term of the Stanford Patent Rights.
The Recipient agrees not to transfer the Material to any third parties.
With respect to further license rights under the Stanford Patent Rights, the Recipient should contact:
Elsa Burgess
Director, Business Development
Beckman Coulter Inc.
11800 SW 147th Ave M/S 32-C08
Miami, FL 33196-9015
Office Telephone: (305) 380-3166
Cell phone: (786) 423-8569
E-mail:
Liability
Requester's Institution acting through its investigator ("Recipient") agrees that any MATERIAL delivered
pursuant to this Agreement is understood to be experimental in nature and may have hazardous properties.
The United States Government, ThermoFisher BioServices, and their Suppliers and contributors of reagents
("Providers") MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Unless prohibited by federal
and/or state law, Recipient assumes all liability for claims for damages against it by third parties which may
arise from the use, storage, or disposal of the MATERIAL except that, to the extent permitted by federal
and/or state law, the Providers shall be liable to the Recipient when the damage is caused by the gross
negligence or willful misconduct of the Providers. The legal process for filing and adjudicating such claims
against the Recipient or Providers will be subject to all applicable state and/or federal laws.
Certification of Compliance with Safety Standards
Recipient shall directly supervise all users of the MATERIAL ("tetramers, monomers and other novel
ligands provided by the tetramer facility") and shall assume responsibility for assuring that those users are
cognizant of and comply with safety standards and academic standard laboratory practices.
Human Use
None of the MATERIAL provided by the NIH Tetramer Facility nor any derivatives of said MATERIAL
will be used in humans or for any clinical diagnosis or treatment decisions. The intent of these conditions is
to protect both the rights and the welfare of human subjects (in compliance with Title 45 Code of Federal
Regulation Part 46), and to protect the NIH Tetramer Facility, since the MATERIAL is not produced under
GMP conditions.
Animal Use
Recipient agrees that MATERIAL provided by the NIH Tetramer Facility and any Derivatives of said
Material will be used in animals only as described in: Public Health Service Policy on Humane Care and
Use of Laboratory Animals, March, 1996, or the latest version thereof (copies may be obtained from the
NIH Division of Animal Welfare, TEL: 301-496-7163, or the US Government Printing Office, Publication
No. 249-260).
Assumption of Shipping Costs
Recipient agrees to assume the costs of shipping MATERIAL by providing an overnight carrier shipping
account number, or by making arrangements for prepaid shipments. No shipments will be made until
Recipient's proposed shipping arrangements are accepted by the NIH Tetramer Facility.
Acknowledgment of Source
Page 4
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