Limited Use Label License
Review the conditions for purchasing our products and services.
BEFORE PLACING AN ORDER OR USING THIS PRODUCT, PLEASE READ THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT. YOUR USE OF THIS PRODUCT SHALL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Certain commercial entities and/or activities performed at commercial entities may require additional contract rights from ERS Genomics Limited (“ERS”) which are not granted through the purchase of this product. For additional information please see www.ersgenomics.com/research-products.php.
The purchaser receives a non-exclusive, non-transferable license for use of the Product, Progeny (meaning any unmodified descendant form of the Product), Modifications (meaning any modifications of the Product) and Unmodified Derivatives (meaning any substances created by the purchaser which constitute an unmodified functional subunit or product expressed by the Product) for RESEARCH USE ONLY, which, except as expressly excluded below, includes use to discover and develop any product, including therapeutic products, which may then be sold to third parties, provided, however, that such products do not incorporate the Product, Progeny, Modifications, or Unmodified Derivatives.
No Commercial Use is allowed. “Commercial Use” means any and all commercial uses of the Product, Progeny, Modifications or Unmodified Derivatives thereof, or any modified cells or organisms created through use of the foregoing, including but not limited to:
(1) Sale, whether or not such sale is limited for use in research;
(2) Provision of a service to a third party;
(3) Use in any diagnostic, preventative, or therapeutic treatment of humans;
(4) Use in any commercial veterinary, livestock or agricultural application; and
(5) Use in preclinical or clinical testing of the Product, Progeny, Modifications or Unmodified Derivatives that is intended to generate data for submission to the U.S. Food and Drug Administration (or an equivalent foreign regulatory agency) for approval of the Product, Progeny, Modifications or Unmodified Derivatives as a therapeutic, diagnostic, or prophylactic; and
(6) Manufacturing of a product for sale.
For clarity, “Commercial Use” excludes the purchaser’s internal research uses unless such uses are expressly excluded by clause (1) through (6) above.
Sale of the Product to the purchaser grants no rights to intellectual property rights of ERS except for the limited license set forth herein. The purchaser shall have no right to grant sub-licenses under this license. The Product, Progeny, Modifications or Unmodified Derivatives thereof, licensed to the purchaser must at all times remain in the possession of the purchaser, except for a transfer to a scientific collaborator solely to conduct its collaborative research with the purchaser or to a service provider to perform services solely on behalf of the purchaser, provided, in each case, that such scientific collaborator or service provider has agreed in writing to use such transferred materials only for such purpose and to not further transfer such materials.
ERS Genomics Limited is an intended third-party beneficiary under this LULL.