Each recipient institution, including its employees and other researchers under its control ("RECIPIENT"), of mice from the MMRRC agrees that such mice, descendants of those mice derived by inbreeding or crossbreeding, including unmodified derivatives of those mice or their descendants ("MATERIAL") shall be used for non-commercial biomedical research purposes only. The MATERIAL supplied is the property of the Genome Research Limited, operating as Wellcome Trust Sanger Institute (‘SANGER’), (Partner in the European Conditional Mouse Mutagenesis “EUCOMM” Consortium), and is being made available by SANGER, through the MMRRC, to the RECIPIENT as a service to the research community.
- THIS MATERIAL IS NOT FOR USE IN HUMAN SUBJECTS, INCLUDING FOR PURPOSES OF DIAGNOSTIC TESTING.
- The MATERIAL obtained from the MMRRC by the RECIPIENT will not be further distributed to others or bred for fee-for-service purposes for a third party. The RECIPIENT shall refer any request to the MMRRC.
- All intellectual property rights (including, without limitation, design rights, copyrights, database rights, rights in confidential information and know-how and the right to apply for patents) and all results, data and discoveries arising out of the use of the MATERIAL by the RECIPIENT shall belong to the RECIPIENT. SANGER and the MMRRC shall have no right or license in respect of such intellectual property rights, results, data and/or discoveries.
- “INVENTION” shall mean a patentable invention developed by the RECIPIENT in the course of using the MATERIAL that relates directly and principally to the MATERIAL itself. If the RECIPIENT files any application for a patent in respect of an INVENTION, the RECIPIENT agrees that it will not assert such patent to prevent SANGER, MMRRC and the EUCOMM participants listed at http://www.mousephenotype.org/martsearch_ikmc_project/about/eucomm (‘EUCOMM Participants’) from continuing to distribute the MATERIAL to third parties for non-commercial research purposes.
- If the RECIPIENT creates a substance which contains/incorporates the MATERIAL (“MODIFICATION”), the RECIPIENT will not transfer the MODIFICATION to others without the written consent of the MMRRC. The RECIPIENT may transfer a MODIFICATION to others for biomedical research purposes only under the separate Letter of Permission to Transfer MMRRC Strain provided by the MMRRC.
- The RECIPIENT agrees to acknowledge SANGER, the EUCOMM Consortium and the MMRRC in any presentations and publications reporting use of the MATERIAL.
- The RECIPIENT (i) shall register the alleles carried by mice with a new mutation engineered from the MATERIAL with Mouse Genome Informatics (MGI), and (ii) is requested to submit breeding pairs to a public repository for cryopreservation and distribution to third parties for non-commercial purposes on terms substantially the same as these Conditions of Use.
- Any MATERIAL delivered pursuant to these Conditions of Use is understood to be experimental in nature and may have hazardous properties.
- SANGER, THE EUCOMM PARTICPANTS AND MMRRC MAKE NO REPRESENTATIONS AND EXTEND 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. Unless prohibited by law, RECIPIENT assumes all liability for claims and damages it incurs against it by third parties that may arise from the RECIPIENT´s use, storage or disposal of the MATERIAL.
- When the RECIPIENT is a for-profit organization, the RECIPIENT shall hold harmless, defend, and indemnify the U.S. Federal Government, SANGER, the EUCOMM Participants, The Regents of the University of California, the University of Missouri, the University of North Carolina at Chapel Hill, and The Jackson Laboratory against any claims, costs or other liabilities which may arise from the RECIPIENT's use, storage or disposal of the MATERIAL.
- The RECIPIENT agrees to use the MATERIAL in compliance with all applicable statutes and regulations, including, for U.S. RECIPIENTS, applicable U.S. Federal statutes and Public Health Service policies for the use and care of laboratory animals (see 7 USC 2131 et. Seq.). Non U.S. RECIPIENTS agree to adhere to all applicable governmental standards for humane care and use of animals and assures the MMRRC that it has appropriate animal care and use policies in place. The "Public Health Service Policy on Humane Care and Use of Laboratory Animals" and "Guide for the Care and Use of Laboratory Animals" are examples of acceptable standards for humane care and use of research animals.
- The MATERIAL is provided by the MMRRC with a transmittal fee solely to reimburse the MMRRC for its preparation and distribution costs (excluding freight charges). Charges for freight shipping must be paid by the RECIPIENT.
- Acceptance of the MATERIAL by the RECIPIENT shall be deemed agreement to these Conditions of Use.
Revised April 1, 2014 Return