NON COMMERCIAL MATERIAL SUPPLY AGREEMENT FOR SEED MATERIAL
(with effect from 1 December 2004)
The Royal Botanic Gardens, Kew (“Kew”) is committed to the letter and spirit of the Convention on Biological Diversity (“CBD”) and expects its partners to act in a manner consistent with the CBD. This agreement is designed to promote scientific research and exchange, whilst recognising the terms on which Kew acquired the plant or fungal material and the important role played by ex situ collections in the implementation of the CBD. Kew reserves the right not to supply any plant or fungal material if such supply would be contrary to any terms attached to the material and/or to the CBD.
Kew will supply the material listed on the reverse of this agreement (“Material”) subject to the following terms and conditions:
1. The recipient may only use the Material, its progeny or derivatives for the common good in scientific research, education, conservation and the development of botanic gardens;
2. The recipient shall not sell, distribute or use for profit or any other commercial application1 the Material, its progeny or derivatives;
3. The recipient shall share fairly and equitably the benefits arising from their use of the Material, its progeny or derivatives in accordance with the CBD.
4. The recipient shall acknowledge Kew, as supplier, in all written or electronic reports and publications resulting from their use of the Material, its progeny and derivatives and shall lodge a copy of all such publications and reports with Kew;
5. The recipient shall take all appropriate and necessary measures to import the Material in accordance with relevant laws and regulations and to contain the Material, its progeny or derivatives so as to prevent the release of invasive alien species;
6. The recipient may only transfer the Material, its progeny or derivatives to a bona fide third party such as a botanic garden, university or scientific institution for non-commercial use in the areas of scientific research, education, conservation and the development of botanic gardens. All transfers shall be subject to the terms and conditions of this agreement. The recipient shall notify Kew of all such transfers and, on request, shall provide Kew with copies of the relevant material transfer agreement;
7. The recipient shall maintain retrievable records linking the Material to these terms of acquisition and to any accompanying Data provided by Kew;
8. Unless otherwise indicated, copyright in all information or data (“Data”) supplied with the Material is owned by Kew or Kew’s licensors. You may use this Data on condition that it is used solely for scholarly, education or research purposes; that it is not used for commercial purposes; and that you always acknowledge the source of the Data with the words “With the permission of the Board of Trustees of the Royal Botanic Gardens, Kew”;
9. Kew makes no representation or warranty of any kind, either express or implied, as to the identity, safety, merchantability or fitness for any particular purpose of the Material, its progeny or derivatives, or as to the accuracy or reliability of any Data supplied. The recipient will indemnify Kew from any and all liability arising from the Material, its progeny or derivatives and/or the Data and from their use or transfer, including any ecological damage. This agreement is governed by and shall be construed in accordance with English law;
10. The recipient will contact Kew to request prior permission from Kew or, where appropriate, from the provider of the Material to Kew, for any activities not covered under the terms of this agreement.
I agree to comply with the conditions above: Signed: Date: dd/mm/yy
Name and Position: Organisation and Department:
Please return a signed copy to: ……………………………….….., Royal Botanic Gardens, Kew, Richmond Surrey TW9 3AE, United Kingdom.
Kew Staff Signature: Name/Position/Date: dd/mm/yy:
LIST OF PLANT MATERIAL SUPPLIED