ブックタイトル2013ATCC

概要

2013ATCC

Purchaser may only transfer such Modifications and Unmodified Derivatives, subject to any Contributor rights and CAR restrictions, toCROs and only for purposes related to Purchaser’s Investigator's research project, and any such CRO must agree to be bound by theterms and conditions of this MTA as if a Purchaser hereunder and to not further transfer such materials. No subsequent transfer orCommercial Use of such materials is permitted without ATCC's written permission. Upon completion of any contracted research,Purchaser shall require CRO to either destroy materials or return them to Purchaser's Investigator.? Non-Commercial Use Collaborative Research Project. Except as provided above Purchaser may only transfer Modifications andUnmodified Derivatives, subject to any Contributor rights and CAR restrictions, to Transferee(s) in Purchaser's Investigator'scollaborative research project, so long as such Transferees agree to be bound by the terms and conditions of this MTA as if a Purchaserhereunder and to not further transfer such materials. For purposes of clarity, collaborative research project(s) shall not include anyCommercial Use. No subsequent transfer of such materials is permitted without ATCC's written permission. Upon completion of anycollaborative research project, the Purchaser shall require Transferee to either destroy such materials or return them to Purchaser'sInvestigator. Collaborative research projects include, but are not limited to Industry Sponsored Academic Research but permitted usehereunder extends only to basic and discovery research related to, directly under, or in direct collaboration with Purchaser'sInvestigator's research project. If parties working on a collaborative research project need to obtain Progeny, they should obtain ATCCMaterial directly, as ATCC Material and Progeny may not be transferred.If such materials are transferred, Purchaser agrees to provide written notice to ATCC of any such transfer within a reasonable period aftersuch transfer following the instructions available at: www.atcc.org/transfer so that ATCC may maintain a chain of custody of such material.Purchaser assumes all risk and responsibility in connection with the transfer of such materials.ATCC MTA Material Transfer Agreement123456789Except as specifically provided in this section, Purchaser shall not distribute, sell, lend or otherwise make available or transfer to a personother than the Purchaser’s Investigator or an entity not party to this MTA, the Biological Material, as defined above, for any reason,without ATCC's prior written agreement. Purchaser assumes all risk and responsibility in connection with the receipt, handling, storage,disposal, transfer, and Purchaser's and its Transferees' use of, the Biological Materials including without limitation taking all appropriatesafety and handling precautions to minimize health or environmental risk.Any Commercial Use of the Biological Material is strictly prohibited without ATCC's prior written consent. Purchaseracknowledges and agrees that Purchaser’s use of certain Biological Material may require a license from a person or entity not party tothis MTA, or be subject to restrictions that may be imposed by a person or entity not party to this MTA (“Third Party Terms”). To theextent of ATCC’s knowledge of the existence of any such applicable rights or restrictions, ATCC will take reasonable steps to identify thesame, either in ATCC’s catalog of ATCC Material and/or through ATCC’s customer service representatives, and to the extent they are inthe possession of ATCC, ATCC shall make information regarding such Third Party Terms reasonably available for review by Purchaserupon request. Purchaser expressly acknowledges that if there is a conflict between this MTA and the Third Party Terms, the Third PartyTerms shall govern. Use of the Biological Materials may be subject to the intellectual property rights of a person or entity not party to thisMTA, the existence of which rights may or may not be identified in the ATCC catalog or website, and ATCC makes no representation orwarranty regarding the existence or the validity of such rights. Purchaser shall have the sole responsibility for obtaining any intellectualproperty licenses necessitated by its possession and use of the Biological Materials.MTA原文MTAに関するFAQThe Biological Materials are not intended for use in humans. Purchaser agrees that Biological Materials designated as biosafetylevel 2 or 3 constitute known pathogens and that other Biological Materials not so designated may be pathogenic under certainconditions. Purchaser acknowledges that all purchases of ATCC Materials that are received under a CAR are governed by the terms andconditions of the CAR.Identification of Modifications and Unmodified Derivatives in TransfersPurchaser's Investigator shall assign and use its own naming scheme when transferring Modifications and Unmodified Derivatives to anyTransferees and CROs. Purchaser's Investigator shall identify such Modifications and Unmodified Derivatives as having been tested ormade using ATCC Material, and except as provided in the "Intellectual Property; Identification" section of this MTA, Purchaser'sInvestigator may not identify ATCC in any other context or otherwise use any ATCC Trademarks. By way of nonlimiting example,Purchaser may state that the Modification or Unmodified Derivative was tested or made using the ATCC Material identified with catalognumber ATCC R (ATCC Catalog Number)?.Warranty; Warranty DisclaimerATCC warrants that (a) cells and microorganisms included in the ATCC Material shall be viable upon initiation of culture for a period ofthirty (30) days after shipment thereof from ATCC and (b) any ATCC Material other than cells and microorganisms shall meet thespecifications on the applicable ATCC Material product information sheet, certificate of analysis, and/or catalog description until theexpiration date on the applicable ATCC Material’s product label (such thirty (30) day period, or period until the expiration date, referred toherein as the“Warranty Period”). Purchaser’s exclusive remedy, and ATCC’s sole liability, for breach of the warranties set forth in thisparagraph is for ATCC to, at ATCC’s sole option, either (i) refund the fee paid to ATCC for such ATCC Material (exclusive of shipping andhandling charges), or (ii) replace the ATCC Material. The warranties set forth in this paragraph apply only if Purchaser handles and storesthe ATCC Material as described in the applicable ATCC Material product information sheet. To obtain the exclusive remedy, Purchasermust report the lack of viability or non-conformation to specifications to ATCC’s Technical Service Department within the applicableWarranty Period. Any expiration date specified on the ATCC Material shipment documentation states the expected remaining useful life,but does not constitute a warranty or extend any applicable Warranty Period. Except as expressly provided above, the ATCCMaterial and any technical information and assistance provided by ATCC are provided as-is, without warranties of anykind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particularpurpose, typicality, safety, accuracy and/or non-infringement.Compliance With LawsPurchaser is solely responsible for and shall ensure compliance with all foreign and domestic, federal, state and local statutes, ordinances83