TERMS AND CONDITIONS FOR USE OF REAGENTS
OBTAINED THROUGH THE SR3
For participation in the SR3 program, including deposition and use of research
materials or Reagents, the Registrant and the Registrant's Institution agree to
the following terms:
1. Certification of Compliance with Safety Standards
Registrant and Registrant's Institution are aware that all Reagents
distributed by the SR3 may be potentially bio-hazardous even when they are not
specifically designated by a biohazard symbol. Registrant and Registrant's
Institution understand that the requested Reagent(s) may pose health risks to
persons handling or in the vicinity of the Reagents, the environment and the
community. Registrant and Registrant's Institution certify that Registrant and
Registrant's Institution are cognizant of and will employ the appropriate
bio-safety standards including special practices, Institution and Government
health and safety regulations and the guidelines detailed in Bio-safety in
Microbiological and Biomedical Laboratories, 3rd Edition, DHHS Publication No.
(CDC) 93-8395, May 1993, or the most recent revision of these guidelines.
Registrant and Registrant's Institution will directly supervise all users
of the Reagent(s), and Registrant and Registrant's Institution will assume
responsibility for assuring that those users of the Reagent(s) are cognizant of
and comply with applicable safety standards and good laboratory practices.
2. Certification of Use
Except as provided in Term 3 below, Registrant and Registrant's
Institution certify that all Reagents provided to Registrant by the SR3, or
unmodified derivatives of said Reagents, will be used for research purposes
only, in Registrant's laboratory only, at Registrant's Institution only, and
only for the purpose described on the Reagent Request Form. Registrant and
Registrant's Institution understand that unmodified derivatives include
substances created through Registrant's use of a Reagent that constitute an
unmodified functional subunit or product expressed by the Reagent. Registrant
and Registrant's Institution agree not to distribute the Reagent(s) or
unmodified derivatives thereof to any persons except those engaged in research
at the Registrant's Institution.
3. Commercial Uses
Registrant and Registrant's Institution will not use any Reagent
received from the SR3 for any commercial purpose without first obtaining a
suitable commercialization agreement with the owner ("Depositor's Institution")
of the Reagent unless the Reagent Information Form for the Reagent indicates
that the Reagent can be used for any purpose including commercial purposes.
Registrant and Registrant's Institution agree that Reagent(s) requested for
research purposes will not be used for commercial purposes unless Registrant
and Registrant's Institution obtains a suitable commercialization agreement
with the Depositor's Institution BEFORE using the Reagent(s) for any commercial
purposes.
4. Human Use
Registrant and Registrant's Institution agree to comply with
Protection of Human Subjects, Title 45, Code of Federal Regulations, Part 46.
Registrant and Registrant's Institution will not use any Reagent(s) obtained
from the SR3 nor any derivative(s) of said Reagent(s) in humans or for any
clinical diagnosis without receiving prior written approval of the Depositor's
Institution and the Director, Division of Microbiology and Infectious Diseases,
NIAID, NIH. The intent of these conditions is to protect both the rights
and the welfare of human subjects and to protect Depositors of Reagents as well
as the SR3.
5. Animal Use
Registrant and Registrant's Institution agree that any Reagent(s)
provided by the SR3, as well as any derivatives of said Reagents, will be used
in animals only as described in Public Health Service Policy on Humane Care and
Use of Laboratory Animals, March, 1996, or the most recent version thereof
(copies may be obtained from the NIH Division of Animal Welfare, Tel:
301/496-7163, or the U.S. Government Printing Office, Publication No. 249-260).
6. Assumption of Shipping Costs
Registrant and Registrant's Institution agree to assume responsibility
for all shipping costs incurred by the SR3 in the handling and delivery to
Registrant of any Reagent(s) requested by Registrant.
7. Acknowledgement of Source
Registrant and Registrant's Institution agree to acknowledge in all
publications and presentations that describe Registrant's use of Reagents
supplied by the SR3 both the Depositor of the Reagent(s), as indicated on the
Reagent Data Sheet, and the SR3. The suggested format for such
acknowledgement is: "The following reagent was obtained through the
Schistosome Related Reagent Repository (SR3) , Division of Microbiology and
Infectious Diseases, NIAID, NIH: (Reagent name) from (Depositor)."
8. Reporting Requirement
Registrant and Registrant's Institution agree to provide the SR3 with
a description of Registrant's intended use of the requested Reagent(s) with
each request. Registrant and Registrant's Institution agree to provide to the
SR3 once per calendar year a listing of published (electronically or in hard
copy) research papers, reviews and abstracts reporting Registrant's use of
Reagent(s) obtained from the SR3. Registrant and Registrant's Institution
understand that their obligation to provide Annual Reports to the SR3 will end
when Registrant and Registrant's Institution have used up or destroyed the
Reagent(s) and any derivatives of the Reagent(s) and have provided written
notification thereof to the SR3.
9. Warranties and Limitation on Liability
Registrant and Registrant's Institution acknowledge that, with respect
to any Reagent(s) provided by the SR3, no warranties of any kind are extended
by the Depositor, the Depositor's Institution or the SR3, either expressed or
implied, including but not limited to warranties of ownership, merchantability,
or fitness for a particular purpose. Moreover, Depositor, the Depositor's
Institution and the SR3 make no representation that the use of Reagent(s) will
not infringe any patent or proprietary rights of third parties. In no
event will the NIAID, its contractor for the SR3 or any other person or entity
associated with the SR3 be liable for any incidental or consequential damages
of any kind, including but not limited to economic damages or injury to person
or property or lost profits, whether or not the same shall know or have reason
to know of the possibility of the foregoing. In no event will the NIAID,
its contractor for the SR3 or any other person or entity associated with the
SR3 be liable to Depositors of Reagents to the SR3 for misuse of the Reagents
by Requestors of the same including but not limited to the unauthorized
commercial use of any Reagent(s).
10. Duration of Agreement
Registrant and Registrant's Institution understand that the terms of
registration with the SR3 are effective for five (5) years from the date
registration is confirmed by the SR3. Further, Registrant and
Registrant's Institution understand that NIAID or Registrant's Institution may
terminate this registration by written notice to the other Party at least
thirty(30) days in advance of the desired date of termination. On
termination or expiration of this Agreement Registrant and Registrant's
Institution will destroy or return to the SR3 any remaining Reagent(s) obtained
through the SR3 and provide written notification thereof to the SR3 no later
than the date of termination.
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