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Addgene

MTA Ancillary Agreement: SKI-Phluorin

Please consult the UBMTA for definitions of MATERIAL, RECIPIENT and RECIPIENT SCIENTIST regarding this transfer of the MATERIAL.

By agreeing to this Ancillary Agreement, the RECIPIENT and RECIPIENT SCIENTIST acknowledge the following:

1) The ORIGINAL MATERIAL and/or MATERIAL may contain pHluorin, which is covered by certain issued patents (US Pat Numbers 6,670,449 and 7,094, 888) owned by Sloan-Kettering Institute for Cancer Research ("PHLUORIN MATERIAL").

2) RECIPIENT and RECIPIENT SCIENTIST acknowledge that the PHLUORIN MATERIAL is only available for non-commercial academic research, results of which shall not be obligated in any way to a commercial third party, including through sponsored research agreements.

3) RECIPIENT and RECIPIENT SCIENTIST understand that the PHLUORIN MATERIAL is experimental in nature and may have hazardous properties. SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH MAKES NO REPRESENTATIONS AND EXTENDS 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 PHLUORIN MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS.

Except to the extent prohibited by law, the RECIPIENT assumes all liability for damages which may arise from its use, storage or disposal of PHLUORIN MATERIAL. Sloan-Kettering Institute for Cancer Research will not be liable to the RECIPIENT for any loss, claim or demand made by the RECIPIENT, or made against the RECIPIENT by any other party, due to or arising from the use of PHLUORIN MATERIAL by the RECIPIENT, except to the extent permitted by law when caused by the gross negligence or willful misconduct of Sloan-Kettering Institute for Cancer Research as determined by a court of competent jurisdiction.

The distribution of the MATERIAL by Addgene is not meant to carry with it, and does not grant any license, express or implied, under any patent.

In the event of any conflict between this Ancillary Agreement and the UBMTA, this Ancillary Agreement shall take precedence.