MATERIAL TRANSFER AGREEMENT FOR cDNA CLONES
 

cDNA RESOURCE CENTER

By purchasing or using any products (herinafter "Material") provided by the cDNA Resource Center, you agree to be bound by the terms of this MTA. The cDNA Resource Center objects to any terms, whether presented in a purchase order or otherwise, that are additional to or different from the terms of this MTA. This agreement is subject to the laws of the United States and the state where the cDNA Resource Center resides. If you do not agree to the terms of this MTA, you may contact us to return the un-opened product and receive a full refund of your purchase price (excluding shipping).

  1. You will use the Material only for research purposes to advance the public interest. This Material is provided for use only in laboratory animals or in vitro experiments; the provided Material will not be used in human beings.
  2. You agree that the clones are being provided without warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose or freedom from infringement of any patent or other proprietary right of a third party.
  3. You understand that third parties may claim proprietary rights to the commercial use of the Material provided. This agreement does not constitute a waiver of any patent rights.
  4. Unless you are a federal entity or a public institution not permitted to indemnify a third party, you agree to hold harmless and indemnify the provider(s) of the Material and persons acting on their behalf, for any claim asserted by a third party related to your possession, use, storage, or disposal of the Material.
  5. If you are a public institution, to the extent permitted by the law applicable to you, you agree to hold harmless and indemnify the provider(s) of the Material and persons acting on their behalf, for any claim asserted by a third party related to your possession, use, storage, or disposal of the Material.
  6. If you are a federal entity, all parties expressly acknowledge that the providers of this material shall have no liability whatsoever with respect to the negligent acts and/or omissions of the employees, agents, or representatives of the Recipient Institution, and/or the Investigator. Individuals designated to use the Materials at the Recipient Institution are federal employees, and liability for negligent acts and/or omissions is covered by the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. and 38 U.S.C. Section 7316.
  7. You will not redistribute the Material except by special agreement with the cDNA Resource Center. Also, you will not use the provided Material in a manner that duplicates or undermines the efforts of the cDNA Resource Center.
  8. In scientific communications describing work utilizing the provided Material, you will acknowledge us as the "cDNA Resource Center", referencing our Web Site (www.cdna.org).
 
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cdna@bloomu.edu
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