I, ________________________ , do hereby understand, acknowledge, and agree to the following terms and conditions as a result of my visit or collaborative meeting (“the Visitation”) with faculty, staff, or other personnel at the University of Maryland, Baltimore County (“UMBC”).
The purpose(s) of the Visitation is to
The materials/equipment with which I will work during the Visitation are
The Visitation will begin on or about and will end on or about .
I agree to abide by all UMBC rules, policies, procedures, standards, and directions given by University employees. No commitments or obligations to any third parties prevent me from doing so. In addition, I will not interfere with the normal functions of the University which include, but are not limited to, research and instruction.
- Intellectual Property Rights
- I understand that UMBC may have entered into various agreements for collaborative research under which UMBC may have incurred obligations to third parties with respect to any intellectual property including: inventions, copyrights, computer software, trademarks, and tangible research property (e.g., monoclonal antibodies, cell lines) developed under said agreements and that under such agreements, UMBC may maintain ownership of intellectual property rights;
- UMBC may have developed intellectual property including inventions, copyrights, computer software, trademarks and tangible research property (i.e., monoclonal antibodies, cell lines, etc.) using its own funds and facilities; and
- I hereby agree to promptly communicate and disclose any and all intellectual property discovered, conceived, developed, and/or invented by me: i) during the term of the Visitation; ii) using UMBC funds or facilities; or iii) which is first reduced to practice in connection with the Visitation and to assist UMBC in any way necessary in the preparation and prosecution of patents, copyrights or trademarks on any such intellectual property and to assign all rights to such intellectual property promptly to UMBC as and when requested.
- Publications and Scholarly Work
I hereby agree to provide to UMBC a copy of any and all publications, presentations, etc. resulting from or in connection with the Visitation no later than thirty (30) days prior to publication and to assign to UMBC any and all copyrights and reproduction rights to any material written or prepared by me in connection with my work, where such assignment is required to fulfil the terms of any agreement related to the Visitation.
- Confidential Information
- I agree to preserve the confidentiality of any document, information, knowledge, pre-existing know-how, or other material communicated to me in relation with any activity conducted in the context of the Visitation. Disclosure of information to third parties shall not be allowed unless explicit consent is given by UMBC in writing.
- At the conclusion of the Visitation, I shall cease to make use of the confidential information received from UMBC and, upon UMBC’s written request, shall promptly destroy or return such confidential information. The obligation of confidentiality created by this Agreement shall remain in effect for five (5) years from the conclusion of the Visitation. With respect to trade secrets, the obligation shall last for so long as the information remains a secret.
- Laboratory Records
I agree to maintain accurate and complete laboratory notebooks and / or other written documentation appropriate for the purpose of the Visitation, as determined by UMBC. I understand that such notebooks and other written documentation are the property of UMBC. At the close of the Visitation, I shall submit the original copy of all laboratory notebooks and any such documentation including any reports and/or any other outstanding items in my possession to the appropriate faculty researcher prior to the last day of the Visitation. With the permission of the UMBC, I understand that I may retain a copy for my files of any notebooks or other written documentation of the Visitation.
- Equipment Use and Safety
I agree to utilize equipment only as necessary and after proper instruction or under direct supervision of the appropriate personnel of UMBC. If during the course of the Visitation, I bring my own equipment, materials, or supplies, UMBC shall in no way be held responsible for equipment maintenance or damage resulting from its use in the facility. I agree it is my responsibility to obtain any and all appropriate safety training (including environmental health or radiation) as necessary to conduct research in any UMBC facility. I will notify the appropriate UMBC personnel in the event I have not had sufficient training to conduct appropriate laboratory procedures.
- Indemnification and Release of Liability
- I hereby in advance RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the University of Maryland, Baltimore County, the University System of Maryland, the State of Maryland, their officers, agents, servants, faculty, administrators, employees, and students acting as such (collectively, “Releasees”) from and against any and all liability for any harms, injuries, damages, claims, actions, causes of action, costs, demands, and expenses of any nature whatsoever which I may have or which may hereafter accrue to me, arising out of or related to any loss, damage, or injury, including but not limited to suffering and death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF THE RELEASEES, or otherwise, while participating in the Visitation, or while in, on, upon, or in transit to or from the premises where the Visitation is being conducted.
- I attest that I have actual and complete knowledge of all the risks, dangers, and hazards of the Visitation, including other activities taken as an adjunct thereto and travel risks. As evidence of my subjective knowledge of the purpose and period of the Visitation, obtained prior to the commencement of the Visitation, I UNDERSTAND THAT WHEN THE RISKS OF THE VISITATION MANIFEST THEY WILL RESULT IN INJURY (MINOR, SERIOUS, OR MORTAL) TO ME AND/OR DAMAGE TO MY PROPERTY. Knowing and understanding the risks of the Visitation, nevertheless, I hereby and knowingly agree to assume those risks and to release and hold harmless the Releasees who through negligence or carelessness or otherwise might be liable to me (or my heirs or assigns) for damages.
- I agree that this Agreement shall be governed in all respects by the laws of the State of Maryland without reference to its conflicts of laws principles. I expressly consent and submit to the exclusive jurisdiction of any court of competent jurisdiction in the State of Maryland.
No advertising or publicity matter having or containing any reference to UMBC or in which the name of UMBC is mentioned shall be made use of by myself until written approval has been obtained from UMBC.
- Export Control Regulations
I agree to comply with all applicable export control regulations of the United States of America. I shall be responsible for obtaining all information regarding such information that is necessary for me to comply with such regulations. I agree to confirm with UMBC if a Material Transfer Agreement is required for any material brought into or removed from UMBC.