In consideration for and as a condition to the receipt of cell lines from the Brain Tumor Resource Laboratory of Fred Hutchinson Cancer Research (“FHCRC”) the undersigned investigator (“Recipient Scientist”) and institution (“Institution”) agree, represent and warrant as follows:
- Institution is a non-profit, educational or research organization
- The Material provided to Recipient Scientist is to be used solely for research purposes at Institution and only under the direction of Recipient Scientist. The Material will not be used in human subjects or in clinical trials involving human subjects. Recipient Scientist and Institution agree not to sell, use or transfer for commercial purposes the Material or their products or to transfer the material to anyone who does not work under the direct supervision of Recipient Scientist at Institution.
- Recipient Scientist may publish the results of his or her research using the Material in scientific journals. Recipient Scientist agrees to acknowledge FHCRC as the provider of the Material.
- Recipient Scientist and Institution understand and agree that Material delivered pursuant to this Agreement may have hazardous properties. Recipient Scientist and Institution agree to take appropriate safety measures concerning the use, storage, disposal of the Material. FHCRC makes no representation and extends no warranties of any kind either express or implied including, without limitation any warranties or merchantability or fitness for a particular purpose or that the use of the Material will not infringe any patent, copyright, trademark or other proprietary right.
- Except to the extent prohibited by law, Recipient Scientist and Institution assume all liability for damages or loss arising from the use, storage or disposal of the Material. Except to the extent prohibited by law, Recipient Scientist and Institution agree to indemnify, defend and hold harmless FHCRC and its employees, officers, trustees and agents from and against any and all loss, damage or liability arising from the use, storage or disposal of the Material by Recipient Scientist, Institution or their employees or agents.
- Recipient Scientist and Institution agree to use the Material in compliance with all applicable statutes and regulations.