Any commercial use of biological material is strictly prohibited without ATCC`s prior written consent. The purchaser recognizes and accepts that the purchaser`s use of certain biological materials may require a licence from a person or organization that is not a party to this MTA or subject to restrictions that may be imposed by a person or organization that does not participate in this MTA („Third Party Conditions“). To the extent that ATCC is informed of the existence of such applicable rights or restrictions, ATCC will take appropriate steps to identify them, either in the ATCC catalogue of ATCC equipment and/or through ATCC staff, and to the extent that they are in possession of ATCC, ATCC will provide information on these conditions to third parties, upon request, for verification by the purchaser. The purchaser expressly acknowledges that in the event of a conflict between this MTA and the conditions of a third party, the conditions of a third party apply. The use of biological materials may be subject to the intellectual property rights of an individual or organization that is not participating in this MTA and whose rights may or may not be listed in the ATCC catalogue or on the website, and ATCC makes no guarantee as to the existence or validity of these rights. The buyer is solely responsible for the acquisition of intellectual property licenses that are required by the possession and use of biological materials. ATCC recognizes the potential benefits of ATCC products in commercial applications. To meet these needs, ATCC has implemented an out-of-service licensing program that allows establishments to use ATCC products for commercial purposes as part of a non-exclusive licensing agreement. While ATCC views the Material Transfer Agreement (MTA) as an essential component of the distribution of its biological materials, the ATCC Commercial Use Licensing Program helps protect ATCC`s ability to provide research materials for the benefit of the scientific community. In summary, the commercial use of microbial crops is very difficult to define because the value changes over time and is subjective at the time of their assessment. Different people may view the same thing differently and appreciate it differently. Therefore, a multi-faceted system may be necessary to build a common microbial good that allows for broad and efficient access to biological data and materials.
Crop collections must continue to be concluded with MTA agreements that operate at the heart of these microbial commons as desired. The buyer cannot otherwise transfer or transfer this MTA or rights or obligations of this MTA by law or by other means. Such an attempt at surrender or transfer is null and void and has no force or effect. This MTA, including all documents contained in this reference document, constitutes the entire agreement between ATCC and the purchaser with respect to biological material and replaces all previous agreements or assurances (written or oral) between ATCC and the purchaser regarding the same object. This MTA can only be amended, cancelled or terminated in writing and signed by the parties. No clause or provision in this term is deemed to waive and no violation is excused unless such a waiver or consent is signed in writing and signed by the parties. If, for any reason deemed unenforceable, a provision of this MTA is not applicable, the rest of the MTA will remain fully in force. None of the provisions of this MTA are intended to establish or establish a relationship between ATCC or the purchaser that is not that of independent companies that, as part of this sub-activity, enter into contracts between themselves exclusively for the purposes of the application of the provisions of this agreement.