Microbiological Resources Centre (MIRCEN)
Thailand Institute of Scientific and Technological Research (TISTR)
35 Moo 3, Technopolis, Khlong 5, Khlong Luang,
Pathum Thani 12120, Thailand
Tel: +66 2577 9030 Fax: +66 2577 9031, +66 2577 9009
MATERIAL TRANSFER AGREEMENT
Agreement No. 2010/..........
| 1. | The parties to this agreement are: |
| a) | Microbiological Resources Centre, Thailand Institute of Scientific and Technological Research, 35 Mu 3, Technopolis, Khlong 5, Khlong Luang, Pathum Thani 12120, Thailand. (hereinafter referred to as TISTR) and; |
| b) | .............................................................................................................................................................................. (hereinafter referred to as the RECIPIENT) |
| 2. | The MATERIAL covered by this agreement includes: |
| a) | All biological MATERIAL, living or dead, originated from within the Kingdom of Thailand as listed : ................................................................................... |
| b) | Any cells or DNA molecules replicated or derived therefrom. |
| In response to the RECIPIENT’s request for the MATERIAL, the RECIPIENT agrees to the following terms and conditions before the RECIPIENT receives the MATERIAL. | |
| 1. | The MATERIAL can be distributed to co-workers under the RECIPIENT’s direct supervision. Release of the MATERIAL to colleagues in institutions other than the RECIPIENT’s workplace can be granted after written permission is obtained from TISTR. Release of the MATERIAL shall be made following the signing of an appropriate copy of this agreement between the third party and TISTR. |
| 2. | The RECIPIENT acknowledges that the MATERIAL is or may be the subject of a patent application. Except provided in this agreement, no express or implied licenses or other rights are provided to the RECIPIENT under any patents, patent applications, trade secrets or other proprietary rights of TISTR, including any altered forms of the MATERIAL made by TISTR. In particular, no express or implied licenses or other rights are provided to use the MATERIAL for commercial purposes. |
| 3. | If the RECIPIENT desires to use the MATERIAL for commercial purposes, TISTR AGREES, IN ADVANCE OF SUCH USE, TO NEGOTIATE IN GOOD FAITH WITH RECIPIENT TO ESTABLISH THE TERMS OF A COMMERCIAL LICENSE. |
| 4. | The RECIPIENT is free to file patent application(s) claiming inventions made by the RECIPIENT through the use of the MATERIAL but agrees to notify TISTR upon filing a patent application claiming modification(s) or method(s) of manufacture or use(s) of the MATERIAL. The RECIPIENT agrees to acknowledge TISTR as the source of the MATERIAL and data in any and all publications and patent applications based on or relating to the MATERIAL, replica, or derivatives thereof and any research thereon. |
| 5. | The RECIPIENT will use the MATERIAL in compliance with all his/her national and international laws and regulations. The MATERIAL is experimental in nature and it is provided by TISTR without warranty of any sort, expressed or implied. TISTR makes no representation that the use of the MATERIAL will not infringe any patent or other proprietary right. The RECIPIENT will indemnify TISTR and its employees and hold TISTR and its employees from any claims or liabilities which may arise as a result of the use of the MATERIAL by the RECIPIENT. |
| 6. | This Agreement shall be governed by the laws of the Kingdom of Thailand. |
For and on behalf of RECIPIENT
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Name .........................................................................
Position ......................................................................
Address ......................................................................
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Date ..........................................................................
