DISCLAIMER
Those who receive NCAIM strains are responsible for their safe storage, handling and use. The NCAIM can not consider claims or accept responsibility for damages or injuries resulting from use, storageor loss of a NCAIM culture. Although every effort is made to insure authenticity and reliability of deposited strains, NCAIM is not liable for damages arising from accidental misidentification ormisrepresentation of strains.
MATERIAL TRANSFER AGREEMENT
Definitions
NCAIM: National Collection of Agricultural and Industrial Microorganisms, Somlói út 14-16. H-1118 Budapest, Hungary
AGREEMENT: This document
RECIPIENT: The party to whom NCAIM sends the MATERIAL. In case this is not the end user but an intermediary, a specific MTA for intermediaries is used in addition to the current MTA to be agreed by the end user.
DEPOSITOR: Person(s) or institution who provided NCAIM with the ORIGINAL MATERIAL.
ORIGINAL MATERIAL: That which was originally supplied to NCAIM by the depositor.
MATERIAL: ORIGINAL MATERIAL, PROGENY and UNMODIFIED DERIVATIVES. The MATERIAL shall not include intended MODIFICATIONS.
PROGENY: Unmodified descendant (e.g. subculture or replicate) from the MATERIAL.
UNMODIFIED DERIVATIVES: Replicates or substances created by the RECIPIENT which constitute an unmodified functional subunit or product expressed by the MATERIAL, such as, but not limited to, purified or fractionated subsets of the material, including expressed proteins or extracted or amplified DNA/RNA.
MODIFICATIONS: Substances created by the RECIPIENT by using the MATERIAL which is not the ORIGINAL MATERIAL, PROGENY, or UNMODIFIED DERIVATIVES and which have new properties. MODIFICATIONS include, but are not limited to, recombinant DNA clones.
COMMERCIAL PURPOSES: the use of the MATERIAL for the purpose of profit.
LEGITIMATE EXCHANGE: the transfer of the MATERIAL, within the same Company or Institution or Research Group (including partners in different institutes collaborating on a defined joint project. This also includes the transfer of MATERIALS between named public service culture collections/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC is under comparable MTA conditions as those in place at the supplying collection.
This Material Transfer Agreement is between NCAIM and the RECIPIENT of NCAIM MATERIALS. It applies to the use, handling, supply and any disposition of the MATERIAL supplied by NCAIM. NCAIM will transfer the MATERIAL under the terms and conditions specified below. The RECIPIENT accepts these terms and conditions by placing an order with NCAIM.
RECIPIENT agrees that all information provided to the NCAIM in connection with any purchase order for MATERIAL is true, or otherwise complying with applicable laws and regulations.
RECIPIENT agrees that MATERIAL or PROGENY designated Risk Group 2 constitute known pathogens and that other MATERIAL, not so designated, may be pathogenic under certain conditions.
RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted in compliance with all applicable laws and regulations.
RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the utmost care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons and property and to safeguard it from theft or misuse.
RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, save those involved in LEGITIMATE EXCHANGES as defined above.
Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for the purpose of academic scientific research, teaching or quality control purposes or any such other non commercial purposes.
If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use and to negotiate in good faith, with at least the NCAIM and the appropriate authority in the country of origin of the MATERIAL, as indicated by the documentation of NCAIM, the terms of any benefit sharing in compliance with the Convention on Biological Diversity (CBD).
Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL.
RECIPIENT agrees to acknowledge the NCAIM and the country of origin of the MATERIAL as the source of the MATERIAL in any and all publications that reference the MATERIAL, in compliance with the CBD.
Warranty:
NCAIM hereby assures within the scope of its quality system that the MATERIAL shall be viable and pure upon shipment from NCAIM, and for a period of 30 days (if no shorter period is indicated by NCAIM) from NCAIM’s shipment. Any claim against the warranty will have to be justified to the Collection’s satisfaction. The primary remedy for breach of this warranty is replacement by the Collection of the MATERIAL free of charge. The RECIPIENT may obtain a credit or a full refund if NCAIM fails to supply a viable replacement of any material sold.
Disclaimer of warranties:
Except as expressly provided in this AGREEMENT and within the limits of the scope of the NCAIM quality system, there are no representations or warranties by the NCAIM or its DEPOSITORS with respect to the MATERIAL, express or implied, including without limitation, any implied warranty of authenticity, typicality, safety, fitness for a particular purpose, or of the accuracy or correctness of the data.