Terms & Conditions
Applied Biological Materials, Inc. abmXchange
Last updated: December 3, 2018
The following governs the use of abm product(s) and material(s) (“abm Material(s)”) and the customer’s product(s) and material(s) (“Depositor Material(s)”) under the terms and conditions set forth below.
- abm Material(s) and Depositor Material(s) are for research use only and not for use in human subjects.
- abmXchange is a one-time transfer of materials. Depositor Material(s) can only be traded once for abm Material(s) of the same nature.
- Depositor shall not distribute, sell, lend, or otherwise transfer the abm Material(s) to a person or entity not pursuant to this Agreement. Any Commercial Use of the abm Material(s) is strictly prohibited. “Commercial Use” means any activity by a party for consideration and may include, but is not limited to: (1) use of the abm Material(s) or its components in manufacturing; (2) use of the abm Material(s) or its components to provide a service, information, or data; (3) use of the abm Material(s) or its components for therapeutic, diagnostic or prophylactic purposes; or (4) resale of the abm Material(s) or its components, whether or not such abm Material(s) or its components are resold for use in research.
- abm and/or its Contributor(s) shall retain ownership of all rights, title, and interest in the abm Material(s), and its components or products made using the abm Material(s). “Contributor(s)” means the organization(s), entity and/or individual(s) providing technology and/or patent rights related to the abm Material(s), or original material to abm. Depositor shall acknowledge abm as the source of the abm Material(s) in all research, academic or scholarly publications and in patent applications that reference the abm Material(s).
- abm can use the Depositor Material(s) for Commercial Use and for in-house use for product development purposes. abm may disclose Depositor information on its website and materials for marketing purposes.
- abm acts as a depository for Depositor Material(s) traded. However, abm accepts no responsibility for Depositor Material(s) that is found to be nonviable or nonfunctional after storage in our facility. abm is also not responsible for damage to material, including, but not limited to, damage due to circumstances beyond abm’s control such as fire, flood, or other natural disasters.
- Depositor warrants that it is the true owner of and the owner of all rights to the Depositor Material(s), and that the Depositor Material(s) are functional and in a reliable quality.
- Depositor agrees to use the abm Material(s) in compliance with all applicable foreign and domestic, federal, state and local statutes, ordinances, and regulations.
- Except as otherwise expressly set forth in this Agreement, abm, abm employees, Contributor(s), and affiliates make no representations and extend no warranties of any kind, either expressed or implied of merchantability or fitness for a particular purpose, or that the use of the material will not infringe any patent, copyright, trademark, or other proprietary rights. Unless prohibited by law, the customer assumes all liability for claims for damages against it by third parties which may arise from the use, storage or disposal of the abm Material(s).
- In no event will abm or its Contributor(s) be liable for any indirect, special, incidental, or consequential damages of any kind in connection with or arising out of the Agreement or abm Material(s) and/or Depositor Material(s).