This agreement is made between the European Collection of Cell Cultures (hereinafter called 'ECACC') and the scientist and/or organisation detailed below (hereinafter called 'the Recipient').
ECACC on behalf of the original depositor, agrees to supply the Human cell line(s) listed below to the Recipient on the following conditions.
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The Recipient will use the cell line(s) for academic research purposes only.
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The Recipient will ensure that the cell line(s) or any progeny or derivatives thereof are not offered for sale or sub-licensed or utilised in commercial processes involved in the preparation for sale of any biological materials or in any other type of commercial activity without the prior written consent of ECACC on behalf of the original depositor.
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In the event that the Recipient wished to exploit or use any of the cell line(s) or any progeny or derivatives thereof on a commercial basis then the Recipient will make a formal written request to ECACC. ECACC will refer back to depositors all such requests.
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Nothing contained herein shall be construed as granting the Recipient any licence under any intellectual property rights vested in ECACC or the depositors or any right to use the cell line(s) other than herein expressly specified.
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The Recipient will not distribute the cell line(s) or any progeny or derivatives thereof to any third party including any part of the Recipients organisation not bound by the terms of this Agreement.
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If the cell line(s) are referred to in any publication, correct reference will be made to the work of the original depositor and no alteration will be made to its ECACC catalogue number.
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The Recipient hereby agrees that the cell line(s) are provided without warranty of merchantability or fitness for a particular purpose and without any representation or warranty that the use or supply of the cell line(s) will not infringe any patent, copyright, trademark or other right.
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The Recipient hereby agrees that neither ECACC nor the depositors will be liable in any way for the use of the cell line(s) or any progeny or derivatives thereof by the Recipient. The Recipient agrees to hold ECACC and the depositors blameless for any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from, or in connection with the use, handling or storage of the cell line(s) or any progeny or derivatives thereof.
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The recipient is qualified technically, has access to appropriate facilities to handle safely and is not under any legal restrictions prior to receipt of material.