Visitor Agreement - Research at UMBC

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UMBC
AN HONORS UNIVERSITY IN MARYLAND
VISITOR AGREEMENT FORM
Scientist
Student
Administrative
I ________________________, do hereby understand, acknowledge and agree to the following terms and
conditions as a result of my, visit or collaborative meeting with faculty and / or staff at
______________________, a unit of the University of Maryland, Baltimore County (hereinafter
collectively referred to as "UMBC").
I am here to (Please attach a scope of work for your visit if additional space is needed):
The materials/equipment I will work with are:
I have received a copy of the University System of Maryland and UMBC Policies and procedures
(including but not limited to, those concerning Safety, Export Controls, Patents, Copyrights and
Classified and Proprietary Work), and agree to read and abide by those policies. In addition, no
commitments or obligations to other entities prevent me from abiding by the University System of
Maryland or UMBC Policies.
I.
Intellectual Property Rights
a) I understand that UMBC may have entered into various agreements for collaborative research under
which UMBC may have incurred obligations to third parties with respect to any intellectual
property including: inventions, copyrights, computer software, trademarks, and tangible research
property (i.e., monoclonal antibodies, cell lines, etc.) developed under said agreements and that
under such agreements, UMBC may maintain ownership of intellectual property rights;
b)
UMBC may have developed intellectual property including inventions, copyrights, computer
software, trademarks and tangible research property (i.e., monoclonal antibodies, cell lines, etc.)
using its own funds and facilities;
c)
I hereby agree to promptly communicate and disclose any and all intellectual property discovered,
conceived, developed, and/or invented by me: a) during the term of my work within UMBC
facilities; b) using UMBC funds or facilities; or c) which is first reduced to practice in connection
with my visit to UMBC and to assist UMBC in any way necessary in the preparation and
prosecution of patents, copyrights or trademarks on any such intellectual property and to assign all
rights to such intellectual property promptly to UMBC as and when requested.
II.
Publications and Scholarly Work
I hereby agree to provide to UMBC a copy of any and all publications, presentations, etc. resulting from
or in connection with any visit no later than thirty (30) days prior to publication and to assign to UMBC
any and all copyrights and reproduction rights to any material written or prepared by me in connection
with my work, where such assignment is required to fulfill the terms of any agreement related to my visit.
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III.
Confidential Information
a)
As a condition to UMBC allowing me to visit and work in the unit identified above, I hereby
agree to keep and maintain in confidence all confidential information relating to the research and
any information relating to Intellectual Property to which UMBC may have rights and to keep
and maintain any confidential information disclosed to me during my visit at UMBC. My
obligations of confidentiality are described more fully in the Confidential Disclosure Agreement
provided separately if I will have access to confidential or proprietary information.
b)
There is no confidential information involved in the work I will be doing while a Visitor to
UMBC. Each Party Initials Here: _______
________
c)
Confidential information is involved in the work I will be doing while a Visitor to UMBC. Each
Party Initials Here: ______
______ A Confidential Disclosure Agreement (CDA) must
be attached to this Agreement in order for me to work as a Visitor at UMBC.
IV.
Laboratory Records
I agree to maintain accurate and complete laboratory notebooks and / or other written documentation
appropriate for the purpose of this visit, as determined by UMBC. I understand that such notebooks and
other written documentation are the property of the UMBC. At the close of my visit, I shall submit the
original copy of all laboratory notebooks and any such documentation including any reports and/or any
other outstanding items in my possession to the appropriate faculty researcher prior to the last day of my
visit. With the permission of the appropriate faculty researcher, I understand that I may retain a copy for
my files of any notebooks or other written documentation of my visit.
V.
Equipment Use and Safety
I agree to utilize equipment only as necessary and after proper instruction or under direct supervision of
the faculty member or designee. If during the course of my visit to UMBC, I bring my own equipment,
materials or supplies, UMBC shall in no way be held responsible for equipment maintenance or damage
resulting from its use in the facility. I agree it is my responsibility to obtain any and all appropriate safety
training (including environmental health or radiation) as necessary to conduct research in any UMBC
facility. I will notify the appropriate faculty member in the event I have not had sufficient training to
conduct appropriate laboratory procedures.
VI.
Indemnification and Release of Liability
I agree to indemnify, defend, and hold harmless UMBC on demand for, from, and against any and all
losses, liabilities, suits, judgments, obligations, fines, penalties, claims, costs and expenses (including
reasonable attorneys’ fees) arising out of my use of the UMBC facility or equipment, including, but not
limited to, claims relating to products liability, property damage, personal injury or death.
UMBC is not responsible for loss of, theft of, or damage to any of my personal property located within
the UMBC facility or on UMBC property.
I fully recognize that there are dangers and risks to which I may be exposed during my visit. I understand
that I may encounter laboratory conditions and materials which are inherently dangerous. I understand
that UMBC does not require me to participate in the activity contemplated under this Agreement, but I
want to do so and have specifically requested to be allowed to participate in the activity, despite the
possible dangers and risks and despite this release and disclaimer terms of this Agreement.
I THEREFORE AGREE TO ASSUME AND TAKE ON MYSELF ALL OF THE RISKS AND
RESPONSIBILITIES IN ANY WAY ASSOCIATED WITH THIS ACTIVITY.
Visitor Agreement Form March 2011
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UMBC HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES CONCERNING
UMBC EQUIPMENT OR FACILITIES. UMBC DOES NOT GUARANTEE THE ACCURACY OF
ANY TEST RESULTS YOU MAY OBTAIN FROM USING UMBC EQUIPMENT OR FACILITIES.
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UMBC SHALL NOT UNDER
ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PARTY FOR (A) PERSONAL
INJURY OR PROPERTY DAMAGE; (B) LOST PROFITS, WORK STOPPAGE, LOST DATA,
COMPUTER HARDWARE OR SOFTWARE DAMAGE, FAILURE OR MALFUNCTION, OR ANY
OTHER SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Should I sustain any injury during the course of my visit at a UMBC facility, I will promptly notify that
appropriate sponsor member and/or Center Director.
VII.
Publicity
No advertising or publicity matter having or containing any reference to UMBC or in which the name of
UMBC is mentioned shall be made use of by myself until written approval has been obtained from
UMBC.
VIII.
Export Control Regulations
I agree to comply with all applicable export control regulations of the United States of America. I shall
be responsible for obtaining all information regarding such information that is necessary for me to comply
with such regulations. I agree to confirm with UMBC if a Material Transfer Agreement is required for
any material brought into or removed from UMBC.
Start Date:
End Date:
VISITOR:
Name (typed):
Title:
Signature:
Date:
UMBC:
Dept. Chair / Director:
Date: ___________
UMBC Sponsor:
( if different from Dept. Chair / Director )
Date: ____________
UMBC Authorized HR Official:
Date: ___________
Visitor Agreement Form March 2011
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For Visitors Under 18:
I, Vistor’s Parent/Guardian state that I am Visitor’s
Parent/
Guardian, and am fully
competent to sign this Agreement; and that I execute this Agreement for full, adequate, and complete
consideration fully intending for myself, for the Visitor, and for Visitor's family, estate, heirs,
administrators, personal representatives, or assigns to be bound by the same.
THIS IS A RELEASE OF LEGAL RIGHTS. PLEASE READ FULLY BEFORE SIGNING.
PARENT OR GUARDIAN
(Signature, Name and Relationship to Visitor)
___________________
Date
Visitor
___________________
(Signature)
Visitor Agreement Form March 2011
Date
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