Recitals

Whereas, CAMBIA’s “Biological Innovation for Open Society” (BIOS) Initiative is intended to extend the metaphor and concepts of Open Source to biotechnology and other forms of innovation in biology; and

Whereas, it is the intent of the PARTIES that this Agreement promote and conform to CAMBIA’s BIOS Initiative; and

Whereas, it is the goal of the BIOS Initiative to ensure common access to the tools of innovation, to promote the development and improvement of these tools, and to make such developments and improvements freely accessible to both academic and commercial parties under substantially similar conditions; and

Whereas, CAMBIA owns or is the licensee of certain Genetic Resources Indexing Technologies and associated patents, patent applications, knowhow, data, materials, and business, technical, economical and manufacturing information (the “IP & Technology”); and

Whereas, BiOS LICENSEE desires and CAMBIA is willing to grant to BiOS LICENSEE the right to use IP & Technology; and

Whereas, the PARTIES contemplate that BiOS Licensees of the BIOS Initiative, through evaluation and use of the IP & Technology, may develop improvements, knowledge, data, and/or materials relevant to the general utility of the IP & Technology (“Improvements” and “Technology Data”) which should be made available to all BiOS Licensees; and

Whereas, the PARTIES agree that it is not the intent of this Agreement to restrict any BiOS Licensee from commercializing a product or service, but to preserve the rights of all BiOS Licensees to use said IP & Technology and improvements, knowledge, data, and/or materials relevant to the general utility of the IP & Technology;

therefore, the PARTIES agree as follows:

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