MATERIAL TRANSFER AGREEMENT
1. China General Microbiological Culture Collection Center (CGMCC)，a
non-profit organization hosted by the Institute of Microbiology Chinese
Academy of Sciences (IMCAS), is engaged in collection, maintenance,
storage and distribution of biological resources. The CGMCC is willing to
transfer the Biological Material to certain person/institution (Recipient)
under the terms and conditions specified in this Material Transfer
Agreement (MTA). The Recipient accepts the terms and conditions of this
MTA by placing an order with the CGMCC.
2. Recipient is responsible for compliance with Chinese laws and regulations,
related to the aspects of mail transport, import and export, scientific
research, environmental protection and biological safety.
3. At present, biological materials designated to Risk Group 3 or higher are not
provided by CGMCC. Recipient agrees to have clear understanding with the
potential danger of pathogenic Biological Material. Guarantee of
manipulation of skilled persons under appropriate facilities should be made
by the Recipient and measures to avoid any hazard, infringement or
problems concerning with the Biological Materials.
4. Use of the Biological Materials may be subject to the intellectual property
rights. No express or implied licenses or any rights are provided herein to
the Recipient under any patents, patent applications or other proprietary
rights. Recipient is solely responsible for obtaining the intellectual property
licenses requiring for its commercial use of the Biological Material and
taking into account of the conditions relating to benefit sharing.
5. Recipient agrees that the Biological Material obtained from the CGMCC and
any of its reproduction shall not be transferred or distributed to any third
party without the CGMCC’s prior written agreement.
6. Recipient agrees to indicate the CGMCC number of the Biological Materials
in any scientific publications, presentations at public conference and patent
applications. The Recipient also agrees to send information regarding such
publications to the CGMCC.
7. The information related to Biological Material properties and uses in
CGMCC directory is provided by the depositor. CGMCC shall not be
deemed to have guaranteed certain properties and durability of the
Biological Material.
8. If any Biological Materials transferred from the CGMCC is damaged or
missed, it will be replaced with another stock of the same Biological Material
by CGMCC upon a report from the Recipient within thirty days of the
Recipient’s receipt of such biological material. Recipient agrees that
CGMCC reserves the right to decide whether to replace any Biological
Material which proves to be defective free of charge or refunding fees due
to individual consistency of biological material.
9. The Recipient acknowledges, without objection, CGMCC is not liable for
any damage incurred by Recipient that resulting from use, amplification,
storage or any other acts of delivered the Biological Material, unless such
damage arises from the willful misconduct or gross negligence by the
CGMCC. If the CGMCC is liable for any damage, such liability shall be
limited to an equivalent of the transfer fee that CGMCC has received from
the Recipient upon transfer of the Biological Materials. Except to the extent
prohibited by law or the willful misconduct of the CGMCC, the Recipient
shall indemnify and hold the CGMCC and IMCAS harmless against any
such claims or demands which are made against the CGMCC and IMCAS.
10. The MTA applicable to any Biological Material ordered by the Recipient is
the version in effect at the time of order placement, as it can be found at that
time on the CGMCC Web site www.cgmcc.net.