NOTICE TO RECIPIENT OF STRAIN(S) 009122, 009123
Including progeny and derivatives, "MICE".

MICE ARE NOT AVAILABLE TO COMPANIES OR FOR PROFIT-ENTITIES.

As a service to the biomedical research community, The Jackson Laboratory ("JACKSON") provides MICE to Recipient solely for research purposes and not for a Commercial Purpose as defined herein. Each Recipient of MICE from JACKSON agrees that the MICE shall be used by the Recipient solely for its internal research purposes and shall not be sold or transferred to or provided for use by any third party. Recipient further agrees not to use any agent or other third party to provide breeding or other services with respect to the MICE without the prior written agreement of JACKSON. Acceptance of the MICE from JACKSON shall be deemed agreement to these terms. The original source of these MICE is Roswell Park Cancer Institute ("INSTITUTION").

Commercial Purpose means: use of the MICE by any organization, including Recipient to perform contract research, screen compound libraries, produce or manufacture products for general sale, or to conduct research activities that result in sale, lease, licenses or transfer of the MICE to a for-profit organization. However, industrially sponsored academic research shall not be considered a use of the MICE for Commercial Purposes per se, unless any of the above conditions of this definition are met.

THESE MICE ARE EXPERIMENTAL IN NATURE AND THE JACKSON LABORATORY MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT OF ANY PATENT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

In no event shall JACKSON or INSTITUTION be liable for any use of the MICE, and Recipient hereby agrees to defend, indemnify and hold JACKSON and INSTITUTION harmless from any loss, claim, damage, or liability which may arise from Recipient's use, storage and disposal of MICE.