Agreement on Providing of Samples

Upon us providing to your organization the requested detonation nano-diamond sample, you shall agree and accept the following.

  1. 1The sample shall be provided "as is", and we do not make any sort of warranty such as, but not limited to, expression of a certain function or fitness for a certain purpose.
  2. 2The sample shall be provided for the purpose of research within your organization only, and shall not be used for any other purpose such as, but not limited to, commercial purposes.
  3. 3We will make reasonable effort to provide the sample, but there may be cases where we may not be able to supply due to reasons such as, but not limited to, guidance from the regulatory bodies.
  4. 4The sample shall not be transferred from your organization to any third party.
  5. 5The use of sample shall be at your and your organization's risk, and we shall be indemnified from any and all damages incurred to you, your organization and/or third parties resulting from you or your organization's use of the sample.
  6. 6If release of any results of research using the sample is to be made, it shall clearly be indicate that the sample was provided by us.
  7. 7If you or your organization intends to register or obtain any intellectual property rights regarding the sample, you shall previously notify us, and shall negotiate on its belonging, share and necessary procedures.
  8. 8In principle, all used and remaining sample shall be returned to us. However, if you wish to dispose them by yourself, they must be disposed according to the procedure specified by us.
  9. 9Should you or your organization breach this Agreement, we are entitled to specific performance and injunctive or other equitable relief as a remedy for such breach.
  10. 10This Agreement shall be governed by and construed in accordance with the laws of Japan without reference to principles of conflict of laws.
  11. 11The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.
  12. 12If Japan's Foreign Exchange and Foreign Trade Control Law, Export Trade Control Order, Foreign Exchange Control Order and ministerial ordinance, or export administration regulations of any country is to be applied to your organization upon receiving the sample, your organization must obtain necessary permission according to such regulations.
  13. 13In the event of a dispute between the parties relating to the sample, the dispute shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
  14. 14This Agreement shall become effective upon you putting a check the "I agree with the above content" box below.
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