Material Transfer Agreenment for requesting DNA materials from the NBRP Tomato Resource Center

This Material Transfer Agreement sets forth the terms and conditions for the NBRP Tomato Resource Center, Osaka Prefecture University (hereinafter referred to as eRESOURCE CENTERf) to provide a biological material specified as the Exhibit, hereinafter referred to as the eBIOLOGICAL RESOURCEf to the RECIPIENT. In consideration for the RESOURCE CENTER providing the RECIPIENT access to the BIOLOGICAL RESOURCE and the right to utilize them for the research, the RECIPIENT agrees to the following conditions:

1. The RECIPIENT shall use the BIOLOGICAL RESOURCE for research purpose only. The RECIPIENT shall inform the RESOURCE CENTER on the use of the BIOLOGICAL RESOURCE for any other purposes.

2. The RECIPIENT agrees not to transfer or distribute any part of the BIOLOGICAL RESOURCE or any extracts, replications, summaries, or derivatives thereof to any third party. The condition includes any acts to transfer all or any part of a patent and a patent license with respect to the BIOLOGICAL RESOURCE.

3. The RECIPIENT agrees to bear the cost of shipping, handling, part of production and other expenses necessary for preparation or distribution of the BIOLOGICAL RESOURCE.

4. This MTA does not give a commercial patent or a commercial patent license to the RECIPIENT with respect to the BIOLOGICAL RESOURCE.

5. The RECIPIENT is responsible for claims against the RECIPIENT and the RESOURCE CENTER by third parties relating to alleged infringement of any patent, copyright, trademark or other intellectual property rights, which may arise from the use, storage or disposal of the BIOLOGICAL RESOURCE by the RECIPIENT, except for the case that the claim is caused by the gross negligence or willful misconduct of the RESOURCE CENTER.

6. The RECIPIENT agrees to be aware of a possibility that the BIOLOGICAL RESOURCE may possess defective, hazardous or faulty properties and may not necessarily fit for a particular purpose and be responsible for the consequences resulting from the use of the BIOLOGICAL RESOURCE by the RECIPIENT.

7. The RECIPIENT agrees that any handling or other activities undertaken in their laboratory with the BIOLOGICAL RESOURCE and ITfS DERIVATIVES shall be conducted in compliance with all applicable laws, regulations and guidelines. The RECIPIENT shall, if necessary, take any steps or procedures to comply with legal requirements for handling of the BIOLOGICAL RESOURCE.

8. Any accident occurred during shipment of the BIOLOGICAL RESOURCE is solved together by the RESOURCE CENTER and the RECIPIENT.

9. Researchers agree to refer to and acknowledge the use of this clone in the event research findings are publicized, by referring to the APPENDIX below.

10. Any question arose according to matters not set forth in this agreement or during fulfillment of this agreement is solved together by the RESOURCE CENTER and the RECIPIENT.


APPENDIX
(1) Tomato full-length cDNA clones
Privider: National Bioresource Project (MEXT, Japan)

Reference: Koh Aoki, Kentaro Yano, Ayako Suzuki, Shingo Kawamura, Nozomu Sakurai, Kunihiro Suda, Atsushi Kurabayashi, Tatsuya Suzuki, Taneaki Tsugane, Manabu Watanabe, Kazuhide Ooga, Maiko Torii, Takanori Narita, Tadasu Shin-i, Yuji Kohara, Naoki Yamamoto, Hideki Takahashi, Yuichiro Watanabe, Mayumi Egusa, Motoichiro Kodama, Yuki Ichinose, Mari Kikuchi, Sumire Fukushima, Akiko Okabe, Tsutomu Arie, Yuko Sato, Katsumi Yazawa, Shinobu Satoh, Toshikazu Omura, Hiroshi Ezura and Daisuke Shibata (2010) Large-scale analysis of full-length cDNAs from the tomato (Solanum lycopersicum) cultivar Micro-Tom, a reference system for the Solanaceae genomics. BMC Genomics, 11:210

Refernce:
Naoki Yamamoto, Taneaki Tsugane, Manabu Watanabe, Kentaro Yano, Fumi Maeda, Chikara Kuwata, Torki Moez, Yusuke Ban, Shigeo Nishimura and Daisuke Shibata (2005) Expressed sequence tags from the laboratory-grown miniature tomato (Lycopersicon esculentum) cultivar Micro-Tom and mining for single nucleotide polymorphisms and insertions/deletions in tomato cultivars. GENE, 356:127-134.