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The following terms apply to this Agreement:
1. Recipient will acknowledge Provider in any publication that contains data or information about the Material by using the following statement: “This research was made possible through the Allen Cell Collection, available from Coriell Institute for Medical Research.” In addition, Recipient Scientist will notify Provider of such publication by sending an email to firstname.lastname@example.org.
2. Recipient acknowledges that Coriell administers the Material by serving as the repository and distributor of the lines (“Administrator”). Recipient acknowledges that Provider also references and includes Administrator for any sections of Exhibit A that affect Administrator’s work on behalf of Provider in administration of this Agreement, except for sections referring to Provider Ownership or Intellectual Property rights.
3. Recipient acknowledges that the Original Material was made using third-party technologies and materials that are subject to the terms below. Recipient understands that some uses of the Material may require a license from the third party material provider and Provider accepts no liability in relation thereto.
For cell lines AICS0005, AICS0011, AICS0012, AICS0013, and AICS0017:
A. The Allen Cell Collection is a bank of human induced pluripotent stem cells that are currently derived from the WTC parental line released by the Conklin Laboratory at the J. David Gladstone Institute (available through Coriell as GM25256, where you can also find the de-identified patient information associated with the line).
Institutions using NIGMS Repository Sample(s) for use as reference materials or controls are responsible for complying with all laws and regulations applicable to intended use of the NIGMS Repository Samples(s), including any requirements for FDA approval.
B. Recipient acknowledges that the Material was made using the parental WTC line (“Gladstone Material”) from Bruce R. Conklin, M.D. at The J. David Gladstone Institutes (“Gladstone”), and Gladstone retains ownership rights to the Gladstone Material contained in the Material and contained or incorporated in any derivative materials or modifications made by RECIPIENT. Except to the extent prohibited by law, RECIPIENT assumes all liability for damages which may arise from its use, storage or disposal of the Gladstone Material. Gladstone 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 Gladstone Material by the RECIPIENT, except to the extent permitted by law when caused by the gross negligence or willful misconduct of Gladstone as determined by a court of competent jurisdiction. Gladstone makes no representations and provides no warranty that the use of the Material will not infringe any patent or other proprietary right. The transfer of the Material to RECIPIENT does not carry with it and does not grant any license, express or implied, under any patent. RECIPIENT SCIENTIST will acknowledge Gladstone as the source of the parental lines in all publications containing any data or information about such lines.
C. Recipient acknowledges that the Original Material was made using EGFP or mEGFP fluorescent protein pursuant to following MTA Ancillary Agreement:
By agreeing to this Ancillary Agreement, the RECIPIENT and RECIPIENT SCIENTIST acknowledge the following:
1) The Regents of the University of California, through its San Diego campus (UCSD) is the owner of certain GFP and RFP materials ("FP MATERIAL"), and retains ownership rights to FP Material incorporated in any derivative materials made by the RECIPIENT. FP Material is covered by certain issued patents and pending patents owned by UCSD and other third parties.
2) The RECIPIENT and RECIPIENT SCIENTIST understand that the FP MATERIAL is experimental in nature and may have hazardous properties. UCSD 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.
Except to the extent prohibited by law, the RECIPIENT assumes all liability for damages which may arise from its use, storage or disposal of FP MATERIAL. UCSD 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 FP MATERIAL by the RECIPIENT, except to the extent permitted by law when caused by the gross negligence or willful misconduct of UCSD as determined by a court of competent jurisdiction.