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Manual - New England Biolabs

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22<br />

Licensing Information:<br />

RheoSwitch ® Mammalian Inducible Expression System Notice to Purchaser<br />

This product is the subject of one or more of U.S. Patent Nos. 5,514,578, 6,245,531, including the corresponding foreign patents (Australian Patent No.<br />

752699, Canadian Patent Application No. 2076386, European Patent 0517805) and patent applications, U.S. Patent Nos. 6,258,603 and 5,530,028, and<br />

U.S. Patent Application Nos. 09/965,697, 09/965,703, 10/239,134, 10/468,199, 10/468,193 licensed to <strong>New</strong> <strong>England</strong> <strong>Biolabs</strong> (NEB). The purchase of this<br />

product conveys to the non-commercial purchaser the non-transferable right to use the purchased amount of the product and components of the product<br />

for research use only conducted by the purchaser. For commercial purchasers using this product for research, the purchase of this product conveys<br />

to the purchaser the non-transferable right to use the purchased amount of the product and components of the product for a six (6) month evaluation<br />

period after the date of purchase for research use only. After the six (6) month evaluation period, the purchaser must contact RheoGene, Inc. to obtain a<br />

commercial research license. Purchaser shall promptly inform RheoGene, Inc. in writing within ten (10) days of discovering, inventing, modifying and/or<br />

improving the RheoSwitch ® System (each an “Alteration”). For a period of thirty (30) days following RheoGene’s receipt of such notification, Purchaser<br />

and RheoGene will negotiate the terms of a royalty-free, irrevocable and perpetual worldwide license to RheoGene to such Alteration; provided, however,<br />

that RheoGene will have no right, title or interest in or to improvements to Purchaser’s applications through use of the RheoSwitch ® System that do not<br />

require an Alteration of the RheoSwitch ® System. If a license agreement for the Alteration is not executed before the expiration of such period of time then<br />

the parties shall be deemed to be joint owners of such Alteration. The purchaser cannot sell or otherwise transfer (a) this product (b) its components or<br />

(c) materials made using this product or its components to a third party or otherwise use this product or its components or materials made using this<br />

product or its components for commercial purposes. The purchaser cannot use this product or its components in whole plants, plant cells or humans. The<br />

purchaser may transfer information or materials made through the use of this product to a scientific collaborator, provided that such transfer is not for<br />

the commercial purposes of the purchaser, and that such collaborator agrees in writing (a) not to transfer such materials to any third party, and (b) to use<br />

such transferred materials and/or information solely for research and not for commercial purposes. Commercial purposes means any activity by a party for<br />

consideration and may include, but is not limited to: (1) use of the product or its components in manufacturing; (2) use of the product or its components<br />

to provide a service, information, or data; (3) use of the product or its components for therapeutic, diagnostic or prophylactic purposes; (4) use of the<br />

product or its components to screen for agonists to the RheoSwitch ® system; or (5) resale of the product or its components, whether or not such product<br />

or its components are resold for use in research. If the purchaser is not willing to accept the limitations of the limited use statement, NEB is willing to<br />

accept return of the products with a full refund. For information on commercial use of this product or obtaining a license to this product for purposes other<br />

than research, contact RheoGene, Inc. by calling Dr. Camille Jolly-Tornetta, Director of Intellectual Property (610-650-8734, ext. 104).<br />

pNEBR-X1GLuc Gaussia Luciferase Control Plasmid<br />

Non-Commercial entities: This product is covered by US Patent # 6,232,107 and other patents that are the legal property as assigned to Prolume<br />

Ltd/NanoLight Technologies. This product is licensed only to the purchasing laboratory-research group. Recipient agrees not to transfer this plasmid or<br />

derivatives of this vector to any other laboratory, person or research group, even if within the same institution.<br />

Recipient agrees not to alter or make any changes to the nucleotide coding sequence or secretory coding sequence of the luciferases(s) contained within<br />

without prior written permission from Prolume Ltd/NanoLight Technologies (www.nanolight.com). Recipient agrees not to file for any patent rights or to<br />

any inventions claiming any portion of the luciferase(s) within this material without prior written permission from Prolume Ltd/NanoLight Technologies.<br />

Commercial For-Profit Entities & Non Profit Foundations (herein referred to as Commercial Recipients): Commercial Recipients wishing to derive products,<br />

engage in the sale or license of any products, discover drugs, or make inventions by use of the materials enclosed, fully agree to the terms mentioned<br />

above for Non-Commercial entities; AND ADDITIONALLY agree to and are hereby bound to use the materials FOR EVALUATION PURPOSES ONLY. Commercial<br />

Recipient hereby agrees to destroy and cease use of any materials or derivatives containing any portion of these materials within 180 days from<br />

receipt. Commercial Recipient agrees not to use the materials for any use, other than the 180 day suitability evaluation without prior written permission or<br />

obtaining a valid license from Prolume/NanoLight Technologies.<br />

Any Recipient that does not accept the license terms mentioned above, shall return the unopened package and materials to NEB for a full refund.

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