4. Authorized Uses and Restrictions

a. Authorized Uses

The purchase of Osprey BioScience product(s) grants to the purchaser a non-transferable research-use-only license to use the purchased amount of the product and components of the product in research conducted by the buyer (whether the license is Discounted or Undiscounted, as defined in Section 5). The buyer cannot sell or otherwise transfer (a) this product (b) its components (c) materials made using this product or its components or (d) information pertaining to the proprietary sequences of Osprey Bioscience to a third party or otherwise use this product or its components or materials made using this product or its components for Commercial Purposes (defined below). The buyer may transfer information or materials made through the use of this product to a scientific collaborator, provided that such transfer is not for any Commercial Purpose, and that such collaborator agrees in writing (a) to not transfer such materials to any third party, and (b) to use such transferred materials and/or information solely for research and not for Commercial Purposes You also agree not to reverse engineer, distribute, or resell our products and/or replicates thereof in any form to third parties, or to disclose any patentable, copyrightable, or other intellectual property material contained therein.

b. Osprey Patents and Intellectual Property

Osprey Bioscience retains full ownership and intellectual property rights, including but not limited to any relevant patents or copyrights, concerning their products containing in-house proprietary constructs and proprietary technologies, including any and all relevant sequences. Customers retain all ownership and intellectual property rights in all data, inventions, improvements, designs, programs, formulas, know-how, and writings generated or discovered due to use of Osprey BioScience product(s).

c. Commercial Purposes

“Commercial Purposes” means any activity by a party for consideration and may include, but is not limited to: (1) use of the product or its components in manufacturing; (2) use of the product or its components to provide a service, information, or data; (3) use of the product or its components for therapeutic, diagnostic or prophylactic purposes; or (4) resale of the product or its components, whether or not such product or its components are resold for use in research.