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Legal Notes | Licensing
Evrogen Fluorescent Proteins TagGFP2 and TagRFP:
This product is for internal non-commercial research use only. No rights are conveyed to modify or clone the gene encoding fluorescent protein contained in this product. The right to use this product specifically excludes the right to validate or screen compounds. For information on commercial licensing, contact Evrogen Licensing Department, E-mail: [email protected].
LifeAct Product and its Variants:
Use of this product is covered by the following patent application: WO2009068295 (A1).
Not-For-Profit Entities: Orders may be placed in the normal manner by contacting your local representative or ibidi Customer Service at +49 89 520 46 17-0. At its discretion, ibidi grants Not-For-Profit Entities a non-exclusive, personal, limited license to use this product for non-commercial life science research use only. Such license specifically excludes the right to sell or otherwise transfer this product, its components or derivatives thereof to third parties. No modifications to the protein coding sequence may be made without express written permission from ibidi. Any other use of this product requires a license from ibidi. For license information, please contact a licensing representative by E-mail at [email protected].
For-Profit Entities wishing to use this product are required to obtain a license from ibidi. For license information, please contact a licensing representative by E-mail at [email protected].
The following ibidi technologies are available for licensing:
Limited Use Label License No. 001: Evrogen Fluorescent Proteins
This product contains a proprietary nucleic acid(s) coding for a proprietary fluorescent protein(s) being, including its derivatives or modifications, the subject of pending patent applications and/or patents owned by Evrogen JSC (hereinafter “Evrogen Fluorescent Proteins”).
The purchase of this product conveys to the buyer the non-transferable right to use Evrogen Fluorescent Proteins only for research conducted by the buyer. No rights are conveyed to modify or clone the gene encoding fluorescent protein contained in this product, to use the product for validating or screening compounds or to use Evrogen Fluorescent Proteins for commercial purposes. For
information on commercial licensing, contact Evrogen Licensing Department, email: [email protected].
Limited Use Label License No. 002: LifeAct Technology products
Non-exclusive license agreement for LifeAct Technology products
This non-exclusive non-transferable License Agreement ("License Agreement") is the legal agreement between your organization (hereinafter Licensee), and ibidi GmbH (hereinafter "ibidi") covering your use of the LifeAct technology products and its components, derivatives or modifications ("Product").
By opening the container enclosing the LifeAct Technology products you accept the terms and conditions below:
Field of Use. The Product is for Research Use Only by Licensee. "Research Use Only" means internal research by Not-For Profit Entities. The Research Use Only specifically excludes using the Product by the Licensee in any activity for consideration.
Non-Exclusive Rights. This license granted by ibidi to Licensee is non-exclusive to Licensee.
License Term. The term of the license is as follows:
A. If Licensee is a Not-for-Profit entity, the term of the license shall be for as long as it takes Licensee to use the Product in accordance with the terms and conditions of this License Agreement. At its discretion, ibidi grants Not–For–Profit Entities a non–exclusive, personal, limited license to use this product for non–commercial life science research use only. Such license specifically excludes the right to sell or otherwise transfer this product, its components or derivatives thereof to third parties. No modifications to the protein coding sequence may be made without express written permission from ibidi. Any other use of this product requires a license from ibidi.
B. If Licensee is a For-Profit entity, Licensee requires obtaining a For-Profit license from ibidi. In this case ibidi might grant a limited license for technical evaluation free of charges. Licensee shall contact ibidi at [email protected] for negotiation.
Prohibited uses of the Product. Licensee agrees that it will not:
A. offer the Product for resale; or distribute, transfer, or otherwise provide access to the Product to any third party for any purpose, including transfer of the Product as a component of a kit;
B. use the Product to provide a service, information or data - including screening and profiling services;
C. use the Product in manufacturing, including use of the Product in quality control or quality assurance procedures;
D. use the Product for diagnostic or therapeutic purposes.
Return of Product. If the purchaser is not willing to accept the limitations of this limited use statement, ibidi is willing to accept return of the product with a full refund.
Property Rights. The Product is covered by European Patent 2215109, U.S. Patent application 2011111445 and other ibidi Patents and/or Patent applications pending ("Licensed Patents"). ibidi retains all rights under Licensed Patents not expressly granted herein.
Compliance with laws, precautions. Licensee shall use the Product in strict accordance with all applicable state and federal laws, regulations and guidelines. Licensee understands that the Product is a biotechnologically-engineered product and, as such, should be used with the caution and prudence used for other such products. The Product should not be used for diagnosis of disease or for treatment in humans.
Limited Warranty. Nothing in this Agreement is construed as:
A. a warranty or representation that any method or anything made or used under any license granted in this License Agreement is or will be free from infringement of patents, copyrights, or other rights of third parties;
B. an obligation to bring suit against a third party for any reason; or
C. an obligation to furnish any technology or technological information. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE AGREEMENT, IBIDI MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnification. Licensee will indemnify, hold harmless, and defend ibidi, and its respective trustees, officers, employees, and agents against all claims for death, illness, personal injury, property damage, pr improper business practices arising out of the use or other disposition of the Product.
Limitation of Liability. ibidi will not be liable for any indirect, special, consequential, or other damages whatsoever, whether grounded in tort (including negligence), strict liability, contract, or otherwise. ibidi will not have any responsibility or liability whatsoever with respect to Licensee's research or damages thereto suffered in connection with the Product or this License Agreement.
Governing Law. This License Agreement shall be governed by, and construed and enforced in accordance with, the laws of Germany.