Biological Resource Center, NITE (NBRC)

Agreement

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1.
The Biological Resource Center ("NBRC") of the National Institute of Technology and Evaluation shall transfer biological resources to a person/institution ("Recipient"), (i) if the Recipient requests the transfer by completing either one of the Order Forms 1 through 4 ("Order Form") whichever appropriate for the type of biological resources Recipient requests, and (ii) if NBRC finds the purpose and other information provided in the Order Form appropriate.
2.
The Recipient guarantees that he/she will use the biological resources transferred from NBRC and derivative(s), if any, of the transferred biological resources obtained by cultivation, amplification or other methods (the original and derived biological resources shall be collectively referred to as "Biological Materials") by skilled persons in an appropriate facility and under proper conditions for safety.
3.
The Recipient shall, if he/she treats in Japan any of the Biological Materials received from NBRC, be in strict compliance with all applicable laws and ordinances, guidelines and other regulations with respect to Biological Materials including, but not limited to, the Plant Protection Law, the Foreign Exchange and Foreign Trade Control Act, and the law concerning the Conservation and Sustainable Use of Biological Diversity through Regulations on the Use of Living Modified Organisms.
If, however, the Recipient treats such Biological Materials in foreign countries, he/she shall be in strict compliance with all applicable laws, guidelines and other regulations of such countries.
4.
The Recipient agrees, without objection, that he/she shall not allow any third party to use the Biological Materials he/she has received from NBRC or any reproduction thereof, nor transfer or distribute any of the Biological Materials to any third party.
5.
In case the Recipient receives in Japan from NBRC a strain of microorganism requiring Biosafety Level 2*, he/she shall return to NBRC immediately after its receipt a form entitled "Receipt of a Microorganism Requiring Biosafety Level 2."
* See the Safety Regulations for the Control of Pathogens and Other Organisms of the National Institute of Infectious Diseases.
6.
The Recipient agrees to indicate the NBRC ID of the Biological Materials in any presentation at a public conference, in any scientific paper or a similar publication.
7.
If there is any defect in the Biological Materials transferred from NBRC, NBRC shall re-transfer another stock of the same biological material to the Recipient to replace the defective one upon receipt of a report from the Recipient within thirty days of the Recipient's receipt of such biological material.
8.
The Recipient acknowledges, without objection, (i) that NBRC will not be liable for any damage incurred by the Recipient that arises from or in connection with any use, amplification, transfer, storage, or any other acts taken by the Recipient with respect to any transferred Biological Materials, unless such damage arises from the willful misconduct or gross negligence of NBRC, and (ii) that, if NBRC is liable for any damages, such liability shall be limited to an equivalent of the transfer fee that NBRC has received from the Recipient upon transfer of the Biological Materials.
9.
The Recipient acknowledges, without objection, that the transfer of biological resources does not constitute transfer to the Recipient of the intellectual property rights or any other rights of NBRC or a third party of the biological resources, and the Recipient's right to use the Biological Materials is limited to the extent permitted herein.
10.
The Recipient recognizes, among other things, (i) that the Biological Materials are potentially hazardous, and (ii) that any cultivation, amplification, use, transfer, storage, or similar acts of the Biological Materials might infringe the intellectual property rights or other rights of a third party. The Recipient shall, at his/her expense and responsibility, take any action necessary to avoid any hazard, infringement or other problem concerning the Biological Materials.
11.
The recipient agrees that NBRC may carry out investigation of recipient's capability of handling biological resources safely and adequately by a hearing over telephone calls or examining published documents whenever the need arises.
12.
This Agreement shall be governed by the laws of Japan, and any dispute arising from or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Only when you agree with the upper consent document, please click the follwing buttons and download the order form.

(Revised: February 2016)

Contact us

 Culture Collection Division,  Biological Resource Center,  National Institute of Technology and Evaluation
Phone number:+81-438-20-5763
Fax number:+81-438-52-2329
Address:2-5-8 Kazusakamatari, Kisarazu-shi, Chiba, 292-0818 JAPAN MAP
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