MTA Ancillary Agreement: genOway Notice of RIghts
This material contains a DNA molecule organized in a specific manner to enable Flip-excision or Flex-switch (“Flex”). The Flex technology, which was developed and validated by Prof Pierre Chambon, Dr. Norbert B. Ghyselinck and M. Frank Schnutgen at the Institute of Genetics and Molecular and Cellular Biology (IGBMC, France), has been exclusively licensed to genOway SA. The Flex technology is subject to issued patents including the US patent No. 7,074,611 and the EP patent No. 1,383,891.
The purchaser of this material is granted a non-exclusive limited right to use Flex for internal, non-commercial, non-clinical purposes only. Notwithstanding the foregoing, such right to use Flex expressly excludes the right to:
1. Sell or otherwise transfer purchased material containing Flex or derivatives containing Flex to third parties.
2. Use of this purchased material containing Flex for any clinical-diagnostic or therapeutic purposes.
3. Integrate this purchased material, or MODIFICATIONS (as defined in the Uniform Biological Material Transfer Agreement) therefrom, into the genome of a host-cell.
No right or license to perform commercial services or contract research of any kind using or including Flex, is hereby conveyed by the purchase of this material expressly, or by implication. If purchaser wishes to use Flex for COMMERCIAL PURPOSES (as defined in the Uniform Biological Material Transfer Agreement), purchaser shall contact a genOway representative at [email protected]
Notwithstanding the above, purchaser may deposit materials containing Flex to Addgene for distribution to other academic, research institutions and nonprofit organizations.
By purchasing this material containing Flex, purchaser acknowledges that Flex is experimental in nature. Purchaser understands that Flex may have biological and/or chemical properties that are unpredictable and unknown at the time of purchase and that it is to be used with appropriate caution and prudence. genOway shall not be liable to purchaser for any loss, claim or demand made by purchaser, or made against purchaser by any other party, due to or arising from the use of Flex by purchaser. genOway makes no warranties, express or implied or of any kind, and hereby disclaims any warranties, representations, or guarantees of any kind as to Flex, patents or products.