Material Release Agreement (MTA)
Reagent requests:
1. Please send Matthias Hentze an informal request by mail fax, or email if you would like to receive published reagents from us. In accordance with EMBL policy we also ask you to complete the Materials Release Agreement Form, which will send you by mail.
2. EMBL agrees to supply the MATERIALS for scientific non-profit and non-commercial use only. MATERIALS shall mean all materials provided by EMBL including any derivatives and (in the case of living organisms) any offspring.
The RECIPIENT will not manufacture, sell or sublicence for manufacture and sale upon commercial basis the MATERIALS. The MATERIALS will be used in accordance with applicable laws and regulations. The MATERIALS will not be used in humans. Any other use or exploitation of the MATERIALS requires the prior consent of EMBL which may demand compensation from the RECIPIENT.
Nothing in this agreement shall be construed as granting any license under any intellectual property right vested into EMBL or any right to use the MATERIALS or any EMBL information other than herein expressly specified.
3. The RECIPIENT, the Principal Scientist and any research assistants,
co-workers or other workers who may use MATERIALS or related information
agree not to transfer, transmit or in another way disclose the MATERIALS
to third parties without the prior consent of the EMBL.
In any publications resulting from the research on the MATERIALS
the RECIPIENT will properly cite either party's contribution. The RECIPIENT
will inform EMBL about results of the research using the MATERIALS prior
to publication. EMBL agrees to keep these results confidential.
Either party's obligation for confidentiality shall not extend to any information which is or becomes generally available to the public, is already known or subsequently disclosed by third parties to the recipient party and at its free disposal.
4. EMBL does not assume any responsibility for the MATERIALS and the use of the MATERIALS. EMBL will not assume any liability for damages occurring through the use of the MATERIALS. EMBL does not guarantee the suitability of the MATERIALS for any applications.
The RECIPIENT will hold EMBL harmless for any claims on damages
which occur during the RECIPIENT'S use of the MATERIALS.
5. EMBL will disclose any known rights of third parties to the MATERIALS. However EMBL does not warrant for any possible infringement of rights.
The RECIPIENT has to acquire on his own all necessary licenses
for the use of the MATERIALS if not otherwise agreed in writing.
6. In case the MATERIALS are or will be under the physical control
of the RECIPIENT before this agreement is signed, EMBL gives consent to
use of the materials under the condition of the RECIPIENT's prior consent
to this agreement.
7. This agreement is subject to German law.
It may be terminated by either side with two months notice. In
case of termination, the RECIPIENT will return the MATERIALS and their
modifications to EMBL.
2 Originals: - RECIPIENT - EMBL Head of Finance