Material Transfer Agreement
The TGRC requires that researchers submitting seed requests read
and agree to the conditions of the following Material Transfer Agreement (MTA).
- Please read the below MTA.
- Acknowledge by checking the "I Agree" below the MTA.
- After acknowledging, you will be taken to the Seed Request webpage.
A hard copy of this 'shrink wrap' MTA will be sent with your seeds. Thank you for your cooperation.
UC DAVIS C.M. Rick Tomato Genetics Resource Center
Non-Commercial Research
License Agreement
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These plant materials (“MATERIALS”) requested from the C.M. Rick
Tomato Genetics Resource Center (“TGRC”) are the property of The Regents of the
University of California as represented by its Davis campus (“THE REGENTS”) for
distribution to companies, institutions, universities and other entities (“USERS”).
Use of the MATERIALS is subject to the USAGE RESTRICTIONS below. For other use and
commercial use, please contact THE REGENTS for appropriate licenses.
USAGE RESTRICTIONS:
BY ACCEPTING OR USING THESE MATERIALS, YOU AGREE TO BE BOUND BY THE CONDITIONS OF
THIS NOTICE. You may refuse to accept the conditions of this notice by returning
the unused MATERIALS to the TGRC.
The MATERIALS are provided free of charge, and
except as stated herein, without restrictions, by the TGRC to support research,
breeding, and/or educational projects involving tomato. The USERS may distribute
the MATERIALS at no cost, other than a transmittal fee solely to reimburse the USERS
for their preparation and distribution costs, to other scientists for non-commercial
research purposes only if the third parties are given a copy of this notice and
agree to be bound by its terms. The USERS will use the MATERIALS in compliance with
all applicable statutes and regulations.
USERS will cite the UC Davis/C.M. Rick
Tomato Genetics Resource Center in any publication(s) describing the research utilizing
the MATERIALS. The suggested acknowledgment statement is as follows: The MATERIAL
was developed by and/or obtained from the UC Davis/C.M. Rick Tomato Genetics Resource
Center and maintained by the Department of Plant Sciences, University of California,
Davis, CA 95616.
The MATERIALS have not been thoroughly evaluated by the TGRC. THE
REGENTS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, REGARDING THE ACCURACY
OF THE INFORMATION PROVIDED BY THE TGRC; THE QUALITY, HEALTH, OR PHYTOSANITARY CONDITION
OF THE MATERIALS; OR THE GENETIC IDENTITY OF THE MATERIALS, INCLUDING ITS ORIGIN,
PURITY, TRUENESS TO TYPE, GENETIC BACKGROUND, AND THE PRESENCE OR ABSENCE OF ANY
TRANSGENES. The USER is responsible for verifying that genetic identity is correct
in its own plantings, and the USER will notify the TGRC of any potential problems
it observes with the MATERIALS, such as aberrant segregation, incorrect phenotypes,
unexpected traits, or other problems.
Any MATERIALS provided pursuant to this Agreement
are understood to be experimental in nature and may have hazardous properties. THE
REGENTS MAKES NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE MATERIALS WILL NOT INFRINGE ANY
PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. Nothing in this Agreement
grants by implication, estoppel, or otherwise any rights in the intellectual property
of THE REGENTS except as explicitly set forth herein.
THE REGENTS WILL NOT BE LIABLE
FOR ANY DIRECT DAMAGES, LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES,
LOST BUSINESS, ENHANCED DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT OR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY RECIPIENT
ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND
(INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY)
EVEN IF THE REGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Unless
prohibited by law, USERS assume all liability for claims for damages against it
by third parties which may arise from the USERS’ use, storage or disposal of the
MATERIALS. In addition, when USERS are for-profit entities, USERS, to the extent
permitted by law, will hold harmless, defend, and indemnify THE REGENTS against
any claims, costs or other liabilities which may arise as a result of the USERS’
use, storage or disposal of the MATERIALS.
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I have read and agree with the terms of the MTA.
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