Terms of Use

UC DAVIS/PHAFF YEAST CULTURE COLLECTION
Non-Commercial Research License Agreement

These YEAST STRAINS are the property of The Regents of the University of California as represented by its Davis campus (“THE REGENTS”) or third party donors (“DONORS”) who have donated YEAST STRAINS for distribution to companies, institutions, universities and other entities (“RECIPIENTS”).  Use of the YEAST STRAINS is subject to the USAGE RESTRICTIONS below.  For other uses, including commercial use, please contact THE REGENTS for appropriate licenses.  THE REGENTS and/or DONORS retain ownership of the YEAST STRAINS, including any YEAST STRAINS in any substances created by RECIPIENTS that contain or incorporate the YEAST STRAINS (“MODIFICATIONS”).  RECIPIENTS are responsible for ensuring that all relevant licenses are obtained for any use of these YEAST STRAINS.

USAGE RESTRICTIONS:

BY ACCEPTING OR USING THESE YEAST STRAINS, 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 YEAST STRAINS to THE REGENTS.

THE REGENTS hereby grants a nonexclusive license to RECIPIENTS to use the YEAST STRAINS for teaching or non-commercial research purposes only.  RECIPIENTS will not sell or use the YEAST STRAINS for commercial purposes. 

RECIPIENTS will not distribute the YEAST STRAINS to any third parties for any purposes.  RECIPIENTS will refer any requests for the YEAST STRAINS to the UC Davis Phaff Yeast Culture Collection.  RECIPIENTS may transfer MODIFICATIONS at no cost, other than a transmittal fee solely to reimburse the RECIPIENTS for their preparation and distribution costs, to other scientists for non-commercial research purposes only if the recipient of the MODIFICATIONS receives a copy of this notice and agrees to be bound by its terms.

THE YEAST STRAINS ARE NOT FOR USE IN HUMAN SUBJECTS.

RECIPIENTS will cite the source of the YEAST STRAINS in any publication(s) describing the research utilizing the YEAST STRAINS.  In publications, RECIPIENT agrees to cite the source of the YEAST STRAINS as “Phaff Yeast Culture Collection, University of California, Davis”, and include the original strain identification number.

Any YEAST STRAINS provided pursuant to this Research License Agreement are understood to be experimental in nature and may have hazardous properties.  THE REGENTS AND THE DONORS MAKE 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 YEAST STRAINS 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, RECIPIENTS assume all liability for claims for damages against it by third parties which may arise from the RECIPIENTS’ use, storage or disposal of the YEAST STRAINS.  In addition, when the RECIPIENT is a for profit organization, to the extent permitted by law, RECIPIENTS will hold harmless, defend, and indemnify THE REGENTS against any claims, costs or other liabilities which may arise as a result of the RECIPIENTS’ use, storage or disposal of the YEAST STRAINS.