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End User License Agreement For The Caenorhabditis Natural Diversity Resource (CaeNDR)
Conditions of Use. End User License Agreement For The Caenorhabditis Natural Diversity Resource (CaeNDR)
Conditions
When you request a CaeNDR account or order strains, you agree to the conditions herein on behalf of yourself, all users of your account and anyone in your organization allowed to access worms received from CaeNDR. If anyone covered by this agreement fails to honor it, we reserve the right to deny you, your group, and/or your organization access to the stocks and services of the CaeNDR.
Ownership & Use of Material.
Recipient acknowledges and agrees that the Material (the Caenorhabditis worms) is held and managed at the JHU repository. The Material is being provided to Recipient for the sole purpose of the Research in Recipient Investigator's laboratory and under Recipient Investigator's direct supervision. You may transfer the worms to other non-profit entities for their internal research purposes only. Such forward transfers are subject to the terms of this EULA and the transferor assumes all responsibility for those transfers.
The Material shall not be used for any commercial purpose, nor shall it be used for work on human subjects, including diagnostic testing.
Publication
Should the use of the Material result in one or more scientific publication(s), Recipient Investigator will acknowledge JHU and the JHU Investigator (Dr. Erik Andersen) as the source of the Material.
Warranty
The Material is experimental in nature, must be used with prudence, and appropriate caution, since not all its characteristics are known. THE MATERIAL IS PROVIDED "AS IS", WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHTS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
Liability
Except to the extent prohibited by law, Recipient assumes all liability for damages which may arise from its use, storage, or disposal of the Material. JHU will not be liable to the Recipient for any loss, claim or demand made by the Recipient (collectively "Claims"), or made against the Recipient by any other party, due to or arising from the use of the Material by the Recipient, except to the extent permitted by law when caused by the gross negligence or willful misconduct of JHU. JHU, including without limitation its directors, trustees, officers, employees, students and agents, as applicable, will not be liable to Recipient for any Claims made by Recipient or any other third party that is due to or arises from Recipient's use of the Material.
Governing Law & Forum Selection
This Agreement shall be governed by and construed according to the laws of the State of Maryland, excluding its choice of law provisions. Any controversy, claim or dispute arising out of or relating to this Agreement shall be adjudicated in the Circuit Court for Baltimore City, Maryland, or the United States District Court for the District of Maryland.
Use of Name
Neither Party shall use the name(s) or mark(s) of the other Party or any contraction or derivative thereof or the name(s) of the other Party's faculty members, employees or students, as applicable, for any purpose, in any advertisements, promotions, sales literature, websites, fundraising documents, press releases or any other print or electronic medium without prior written consent from the other
Compliance
JHU complies with U.S. Export Controls and Economic Sanctions in relations to the export of worms by CaeNDR. By accepting this End User License Agreement, User is responsible for compliance with export controls applicable to the worms and agrees not to further transfer them contrary to US law. User also agrees to facilitate the import of worms and is responsible for compliance with import restrictions or requirements that may apply to the transport and import of the stock to User's destination. User indemnifies JHU from and against any claim arising out of this Agreement, including issues related to any export controls, economic sanctions or import requirements, as may be applicable.