General Terms and Conditions

University of Oregon Aquatic Animal Care Services General Terms and Conditions

Definitions
“AQACS” means the University of Oregon (“UNIVERSITY”) Aquatic Animal Care Services research core facility.

“MATERIAL(S)” means biological materials, including fish strains and their progeny housed and maintained in AQACS, supplied by AQACS.

“SERVICES” means projects conducted at AQACS for other parties that may include but are not limited to the use of MATERIALS.

“RECIPIENT” means each recipient of MATERIAL from AQACS, including each institution, its employees, and other researchers under its control.

Indemnification and No Warranty
UNIVERSITY MAKES NO REPRESENTATIONS REGARDING THE MATERIAL OR SERVICES OFFERED HEREIN OR EXTENDS ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES THAT THE USE OF THE MATERIAL OR THE PROVISION OF THE SERVICES WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. To the extent permitted by law, RECIPIENT agrees to hold harmless, indemnify and defend the UNIVERSITY and its respective agents, employees, volunteers and assigns with respect to claims by any party that may arise from the use, storage or disposal of MATERIAL(S) by RECIPIENT or any other party that has received the Material from, or use the Material through, the RECIPIENT, except to the extent that such claims are caused by the gross negligence or willful misconduct of the UNIVERSITY.

RECIPIENT agrees to comply with all applicable laws, regulations, policies, and guidelines in its use of MATERIAL(S).

Acknowledgement
RECIPIENT agrees to appropriately acknowledge AQACS in any publications and/or presentations reporting use of MATERIAL(S). AQACS shall be referred to as "Aquatic Animal Care Services at the University of Oregon."