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. Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4