Canadian Collection of Fungal Cultures - Material Transfer Agreement

Material Transfer Agreement (PDF format, 215 KB)

for materials ordered from the Canadian Collection of Fungal Cultures (“Agreement”)

This Agreement is between Her Majesty the Queen in Right of Canada, as represented by the Minister of Agriculture and Agri-Food (“AAFC”) and the Recipient of the Material. AAFC will transfer the Material under the terms and con ditions below. The Recipient accepts these terms and conditions by placing an order with AAFC.

MTA CCFC Version 1.00-EN

Definitions

  1. Recipient means the party purchasing and receiving Material from AAFC pursuant to this Agreement.
  2. Depositor means natural or legal person who deposits Original Material in the custody of AAFC.
  3. Material means Original Material, Progeny and Unmodified derivatives. The Material shall not include Modifications.
  4. Original Material means any materials acquired by AAFC from a Depositor.
  5. Progeny means unmodified descendant from the Original Material, such as cell from cell, or organism from organism.
  6. Unmodified derivatives means substances created by the Recipient which constitute an unmodified subunit of the Material.
  7. Modifications means substances created by the Recipient using the Material, which are not Original Material, Progeny or Unmodified derivatives, and which have new properties.
  8. Commercial Purpose means the making, using, sale or offer to sell or any other commercial exploitation; or any marketing, business or legal exploitation of the Material.

The material is released by AAFC to the recipient under the following conditions:

  1. AAFC releases the Material to the Recipient for the Recipient’s sole use of the Material for research or academic purposes and disclosure of the results of the same to be provided on a confidential basis to AAFC upon completion of the research or within sixty (60) days of receipt of a written request from AAFC.
  2. The Material shall not be used for commercial purposes, without the prior written consent of AAFC.
  3. The Recipient is responsible for paying the cost of, and obtaining any necessary documentation for, import and shipping of the Material.
  4. The Material shall only be used by the Recipient. For further clarification, the Recipient shall not give, show, share, release, sell or license the Material to any third party.
  5. The Recipient agrees to follow all applicable guidelines, laws, regulations regarding the use, transport, security and disposal of the Material. No field release is permitted without authorization from the appropriate authority. The Recipient is responsible for obtaining all necessary certificates of movement within Canada, import documents (outside of Canada), and phytosanitary documents to enable the shipping, receipt, and use of the Material.
  6. The Recipient shall not name, or apply for any patent or other form of intellectual property protection or registration for the Material.
  7. The Recipient shall acknowledge AAFC as the source of the Material in any public dissemination or reporting of information derived from the Recipient’s work with the Material.
  8. The Material is provided without warranty, express or implied, of fitness for any particular purpose. AAFC makes no representation that the use of the Material is not infringing or will not infringe any patents or proprietary rights of third parties.
  9. The Recipient agrees to bear all risks resulting from the use of the Material and/or any genetic material derived therefrom.
  10. The Recipient shall indemnify and save harmless AAFC, its employees and agents, from and against any claims or liabilities which might arise from or in connection with this Agreement or as a result of the use, conveyance, permitted dissemination or storage of the Material by the Recipient.
  11. All of the Recipient’s employees, agents and affiliates who take part in the activities with the Material shall be made to abide by the terms hereof.
  12. This Agreement, its validity, performance, discharge or construction shall be governed by the laws of Canada.
  13. This Agreement shall be in effect for a period of five (5) years from the shipping date of the Material.
  14. This Agreement may be terminated with thirty (30) days written notice by either party.
  15. Upon Agreement termination or upon written request from AAFC, the Material including all its copies, samples and replications will be returned to AAFC or destroyed. In the event the Material is destroyed, the Recipient shall provide AAFC with written confirmation of such destruction.
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