Promega DNA Vector Limited Use Label License (LULL)
BY USE OF THIS MATERIAL, RECIPIENT AGREES TO BE BOUND BY THE TERMS OF THIS LIMITED USE LABEL LICENSE.
1. Usage Restrictions:
1.1. Recipient may use this material for research use only; no commercial use of this material is allowed without the written consent of Promega Corporation.
1.2. “Commercial use” means any and all uses of this material or derivatives by recipient for monetary or other consideration, including product manufacture, providing a service, information or data to unaffiliated third parties, resale of the material for any use and sale of derivatives for any use.
2. Modification Restrictions:
2.1. Recipient shall have no right to modify or otherwise create variations of the nucleotide sequence of any proprietary gene including but not limited to luciferase, NanoBiT® technology (e.g., HiBiT), HaloTag® technology or genes included in fusion vectors.
2.2. Recipient shall have the right to make derivatives of cloning vectors by incorporating exogenous sequences provided the resulting fusion gene has <4 nucleotides deleted from the affected terminus of the proprietary genes.
3. For determinations of luminescence activity of this material and its derivatives, recipient must either:
3.1. Use Promega-branded luminescent assay reagents (LARs); or
3.2. Contact Promega to obtain a license for the use of LARs not manufactured by Promega.
4. For determinations of NanoLuc® or NanoBiT® luminescence activity of this material and its derivatives, recipient must either:
4.1. Use Nano-Glo®-branded luminescent assay reagents; or
4.2. Contact Promega to obtain a license for the use of LARs not manufactured by Promega.
5. For determinations of GloSensor™ activity of this material and its derivatives, recipient must either:
5.1. Use GloSensor™ cAMP Reagent for in vitro and in-cell applications, and VivoGlo™ Luciferin, In Vivo Grade, for animal applications for all determinations of luminescence activity of this product and derivatives); or
5.2. Contact Promega to obtain a license for the use of LARs not manufactured by Promega.
6. For uses of this material for energy transfer (such as bioluminescence resonance energy transfer), recipient must:
6.1. Use NanoBRET™-branded luminescent assay reagents (LARs; e.g., NanoBRET™ Nano-Glo® Substrate), Intracellular TE Nano-Glo® Substrate/Inhibitor or Intracellular TE Nano-Glo® Vivazine™/Inhibitor for all determinations of luminescent activity by this material and its derivatives; and
6.2. Use NanoBRET™-branded energy acceptors (e.g., NanoBRET™ tracers, NanoBRET™ dyes, BRET-optimized HaloTag® ligands) for all determinations of energy transfer activity by this material and its derivatives; or
6.3. Contact Promega to obtain a license for the use of the material and its derivatives for energy transfer assays to energy acceptors not manufactured by Promega. No license is needed if the energy transfer acceptor is a genetically encoded auto-fluorescent protein.
7. For uses of HaloTag® Technology in this material, recipient must either:
7.1. Use Promega HaloTag® ligands, which can be modified or linked to Promega or customer-supplied moieties; or
7.2. Contact Promega to obtain a license if Promega HaloTag® ligands are not to be used.
8. Transfer of Materials:
8.1. Unmodified material cannot be transferred.
8.2. Derivatives of cloning vectors can be transferred to others for research use provided that at the time of transfer a copy of this label license is given to the recipients and recipients agree to be bound by the terms of this label license.
8.3. Notwithstanding any other provision in this label license, the recipient can transfer the material (original or derivative of a cloning vector) to a third party for the sole purpose of amplification of the vector, provided that at the time of transfer a copy of this label license is given to the third party and the third party agrees to be bound by the terms of this label license. The third party may not use any of the material (original or amplified) for its own purposes or further transfer the material to any other party.
9. Other Uses:
9.1. For any uses outside this label license, including any diagnostic, therapeutic, prophylactic or commercial uses, contact Promega for supply and licensing information.
10. Disclaimer and Governing Law:
10.1. PROMEGA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE MATERIAL. The terms of this label license shall be governed under the laws of the State of Wisconsin, USA.