The BioBrick™ Contributor Agreement - Version 1.0

Agreement Timestamp: 7:00pm EST, December 31, 1969
Agreement ID:

The "Materials" are the particular standardized genetic material(s), their uses, and any associated sequence or functional information described as follows:



Please include the BioBrick™ part number(s) and any applicable BioBrick™ Standard(s) defining with your contribution, if appropriate. If there is no part number or other record in any publicly accessible database that you can reference herein, please provide a full description of the part(s) by entering both the primary sequence information and associated functional description(s) via the field below, or by attaching a .PDF data sheet that documents your part and its uses.
N/A


Attach a part datasheet here (if needed):	N/A


Contributor may list and submit as many different Materials as Contributor wishes under this Contributor Agreement.


The "Contributor" is the person, company, institution, or other entity submitting the Materials and who is entering into this Agreement.


Name, address, and contact information of Contributor:


 

  



Person entering into this Contributor Agreement under authority of Contributor (if different from above):
N/A


Should Users attribute the Materials to Contributor as provided in Paragraph 5(b) below?

      Yes      X  No
If attribution to Contributor is requested, please specify how the attribution should read (may include name of institution or company, principal researchers, etc.):
N/A


Are the Materials being contributed under the Contributor Agreement because the Contributor
has placed the Materials in the public domain generally?

      Yes      X  No
										
						

	
Preface

	
The BioBricks Foundation, Inc. (the "Foundation") was established to foster and advance innovation, research, standardization, and education in synthetic biology through the open design, construction, distribution, understanding, and use of BioBrick™ compatible parts, namely standardized genetic materials and associated functional information, in ways that benefit all people and the planet.  The Foundation believes that a free and easy-to-use legal framework for sharing and making use of engineered genetic materials underlies and serves these goals.  Some such genetic materials may be subject to patents; some will not be.  The patent-related provisions in this Contributor Agreement may or may not apply to the Materials (as defined above).

	
    
	
  1. Authority. Contributor represents and warrants that Contributor has the right to enter this Contributor Agreement as a Contributor because the Contributor owns rights to the Materials, has developed the Materials, or is authorized to place the Materials in the public domain.  By clicking "Agree & Submit Contribution" below in this BioBrick™ Contributor Agreement (the "Contributor Agreement") with respect to the Materials that Contributor is making available, Contributor agrees to the terms of this Contributor Agreement and permits those who receive the Materials under a BioBrick™ User Agreement ("Users") to use the Materials as provided therein. 
    2. 
	
  2. BioBrick™ Identification Tag. Contributor agrees that the Materials may be modified to include a BioBrick™ identification tag and in order to inform potential users and contributors of the BioBrick™ Public Agreement framework to include the biobricks.org/bpa URL.
    3. 
	
  3. Rights, Obligations, and Non-Assertion.
     
		
      
			
    1. If any portions of the Materials (including but not limited to a nucleic acid sequence within the Materials), any composition containing the Materials, and/or any use of the Materials are protected by any patent, patent application, copyright, data right, database rights, or other proprietary right belonging to Contributor, Contributor irrevocably agrees in connection with the Materials: not to assert or threaten to assert such patents or property rights; not to initiate International Trade Commission proceedings; not to threaten assertion of any rights that may be granted through issuance of a patent application; not to invite to license; and not to enforce such proprietary rights in the Materials as provided in any manner against or otherwise adverse to the Foundation or Users (including a User's manufacturers, distributors, customers, or anyone else acting under User's authority or control), materials repositories, and/or materials libraries. Nothing in this Agreement shall preclude the Contributor from enjoying the same rights in the Materials as any other User.
      2. 
			
    2. The terms of this Contributor Agreement are binding upon both Contributor and User. Contributor acknowledges having read and understood the applicable BioBrick™ User Agreement.
      3. 	
		
    
	
    4. 
	
  4. Intellectual Property Rights. By filling in the information box below, (or indicating "None" below), Contributor represents that, to the best of Contributor's knowledge:  (i) there are issued patents or pending patent applications, copyrights, or data rights owned by the Contributor that protect any portion of the Materials (including but not limited to a nucleic acid sequence within the Materials), any composition containing the Materials, or their use; and (ii) the Materials, or portions thereof, including but not limited to a nucleic acid sequence within the Materials, any compositions containing the Materials, and/or any use of the Materials, may be protected by any patent, patent application, or other intellectual property right belonging to the Contributor.

    
By indicating "None," Contributor represents that, to the best of Contributor's knowledge, there are no issued patents, currently pending patent applications, copyrights, or data rights held by the Contributor that protect the Materials, in whole or in part, contributed under this Contributor Agreement, including a nucleic acid sequence within the Materials, a composition containing the Materials, or their use:
    None:
	___

    
This Contributor Agreement covers only the Materials described herein and no others unless specifically covered by a new Contributor Agreement.
    5. 
	
  5. Attribution.
    
	
      
		
    1. Users of the Materials who commercialize and distribute the Materials in either their original form or a modified form are asked to agree to attribute the provision of the Materials under this Contributor Agreement by conspicuously including the BioBrick™ Public Agreement logo in packaging, product inserts, websites, or other public displays.  In order to ensure the quality and integrity of the Foundation's activities, the Foundation has the rights to that logo and all goodwill derived from its use.
      2. 
		
    2. If Contributor requests attribution, Users will be required to use reasonable efforts to attribute the Materials to Contributor when the User describes the Materials in packaging or product inserts, publications, other public displays, or grant-related materials.
      3. 
	
    
	
  6. Protocols. Contributor is encouraged to ensure that the Materials provided under this Contributor Agreement are compatible with one or more of the BioBrick™ protocols and standards and that any applicable standards are so noted. Contributors and Users are, however, in no way restricted from adopting any other protocol or standard.
    7. 
	
  7. Applicable Laws. Contributor is obligated to comply with laws and regulations applicable to the Materials, including laws and regulations governing export control and safety.  Because laws and regulations vary around the world and change frequently, the Foundation cannot advise Contributor concerning compliance with any applicable laws or regulations.  The existence of this Contributor Agreement does not indicate that the contribution, making available, distribution, or use of the Materials is permitted by applicable law.
    8. 
	
  8. Fees and Other Undertakings. Contributor understands that no fees will be charged by Contributor or the Foundation to a User for the Materials. However, appropriate and nominal fees may be charged to the User for the manufacture and shipping of the Materials and additional fees may be charged for additional services or consulting requested by a User. Further, nothing in this Contributor Agreement shall preclude Contributor from voluntarily entering into a separate agreement with User or another party regarding the Materials that may vary from or supersede the terms of this Contributor Agreement or the User Agreement. Any such separate agreement, however, shall not diminish or derogate from the rights of the User in the Materials as provided under this Contributor Agreement.
    9. 
	
  9. No Warranty. NEITHER THE FOUNDATION, ANY MATERIALS REPOSITORY, MATERIALS LIBRARY, OR MATERIALS MANUFACTURER, NOR ANY OTHER PARTY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MATERIALS, WHICH ARE PROVIDED "AS IS" EXCEPT WHERE SPECIFICALLY PROVIDED UNDER THIS BIOBRICK CONTRIBUTOR AGREEMENT. ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID.
    10. 
	
  10. Limitation of Liability. IN NO EVENT WILL USERS, THE FOUNDATION, ANY MATERIALS LIBRARY, ANY MATERIALS REPOSITORY, OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE DESIGN, CONSTRUCTION, PRODUCTION, DISTRIBUTION, OR ANY OTHER ACTIVITY INVOLVING THE MATERIALS BE LIABLE TO CONTRIBUTOR OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE MATERIALS, EVEN IF THE USERS, THE FOUNDATION, OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    11. 
	
  11. Warranties and Representations. Contributor provides no representations or warranties of any kind in the Materials, implied or express, except the promises of authority in Paragraph 1, non-assertion in Paragraph 3, and intellectual property in Paragraph 4.
    12. 
	
  12. Severability. In the event that any portion of this Agreement is found to be invalid or unenforceable by statute, by a court of competent jurisdiction or otherwise, or in the event that any of the Materials are or become encumbered or unavailable for use for any reason, the remaining portions of this Agreement shall remain in force, and all unencumbered and available Materials will remain available for use as provided herein to the maximum extent permissible.
    13. 
	
  13. Interpretation of this Contributor Agreement. This Contributor Agreement shall be interpreted under the laws of the Commonwealth of Massachusetts and the United States of America.
    14. 
	
  14. Applicability. This Contributor Agreement is binding upon Contributor and its, her, or his heirs, successors, administrators, and assigns.
    15.