“Sharing resources to achieve a common goal — the discovery of all genes”
(revised September 2000)
AGREEMENT IN GOOD FAITH CONCERNING USE AND DISTRIBUTION OF ARRAYED cDNA CLONES
You are being provided with I.M.A.G.E. Consortium cDNA clones (CLONES) and/or associated products (PRODUCTS) (referred to collectively as "IMAGE MATERIALS"), in order to advance the public interest and to advance the objectives of the institutions that developed the original libraries from which these clones were derived (Originators). The Originators are the beneficiaries of, and may independently enforce, this Agreement.
USE OF IMAGE MATERIALS
By accepting IMAGE MATERIALS you are agreeing in good faith to the following terms. If you are unable to agree to these terms, you must immediately return IMAGE MATERIALS along with all copies and replicas thereof.
(a) You will use the IMAGE MATERIALS in compliance with all applicable laws, governmental regulations and guidelines, including National Institutes of Health guidelines or their equivalent, and any regulations or guidelines pertaining to research with humans, or animals, or with recombinant DNA.
(b) You may use CLONES to produce PROGENY, and to create DERIVATIVE PRODUCTS. You may use IMAGE MATERIALS, PROGENY, and DERIVATIVE PRODUCTS for commercial or non-commercial purposes, except for the purpose of redistribution of CLONES or PROGENY. Accordingly, you may transfer CLONES or PROGENY to additional parties only if 1) this document in its entirety accompanies CLONES or PROGENY, and 2) you transfer CLONES or PROGENY at no cost to such additional parties. "PROGENY" means an unmodified descendant from CLONES or any comparable bacterial stock derived from CLONES (STOCK). "DERIVATIVE PRODUCTS" means any modification or product of CLONES or PRODUCTS that is not a PROGENY or a STOCK.
(c) You will include the unique and specific identifier of each arrayed clone (which was initially assigned by Lawrence Livermore National Laboratory, Livermore, California, and accompanies the IMAGE MATERIALS) in data pertaining to the IMAGE MATERIALS submitted to public databases and in resulting publications. This nomenclature consists of the term "I.M.A.G.E. Consortium CloneID" followed by a five to seven digit number. You will refer publicly (including but not limited to electronic and print versions of articles and databases) to these arrayed cDNA clones as the "I.M.A.G.E. Consortium cDNA Clones", and will reference the following publication: "The I.M.A.G.E. Consortium: An Integrated Molecular Analysis of Genomes and their Expression," Lennon, G.G., Auffray, C., Polymeropoulos, M., and Soares, M.B.  Genomics 33, pgs. 151-152. In INTERNET/World Wide Web publications and databases, you agree to provide electronic referencing (e.g. 'anchors' and/or 'hotlinks') to the I.M.A.G.E. Consortium home page, currently located at
(d) YOU AGREE THAT THE IMAGE MATERIALS ARE EXPERIMENTAL IN NATURE AND ARE BEING PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT OF ANY PATENT OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY.
(e) YOU AGREE TO HOLD HARMLESS AND INDEMNIFY THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, LAWRENCE LIVERMORE NATIONAL LABORATORY, THE DEPARTMENT OF ENERGY, THE U.S. GOVERNMENT, THE ORIGINATORS OF THE LIBRARY FROM WHICH CLONES WERE ARRAYED, THE PROVIDER OF THE IMAGE MATERIALS AND PERSONS ACTING ON THEIR BEHALF, FOR ANY CLAIM ASSERTED BY A THIRD PARTY RELATED TO YOUR POSSESSION, USE, STORAGE, OR DISPOSAL OF THE IMAGE MATERIALS.
(f) You understand that the ownership of the unarrayed cDNA libraries from which clones were arrayed is retained by the Originators of those libraries. Any new patentable developments or inventions first made by any party using the arrayed clones will remain the property of the inventing party. This Agreement does not constitute the Originators? waiver of any patent rights.
Any correspondence concerning this Agreement should be addressed to:
Lawrence Livermore National Laboratory
The Regents of the University of California
Industrial Partnerships and Commercialization Program
Attn: I.M.A.G.E. Consortium
P.O. Box 808, L-795
Livermore, CA 94550
Phone: (925) 422-6416
Fax: (925) 423-8988
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