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NONEXCLUSIVE, NON
-
TRANSFERABLE
HARDWARE
LICENSE AGREEMENT
This
hardware
license agreement (“Agreement”) is between
any person or entity exercising rights under
this license
(hereinafter called “Licensee”) and the California Institute of Technology, a not
-
for
-
profit
California corporation, located at 1200 E. California Blvd., Pasadena,
California
91125 (“Caltech”). All
rights not specifically granted in this Agreement are reserved to Caltech.
“
Licensed Material
” means
the materials described in Exhibit A, as available for download at
https://data.caltech.edu/records/5z5zz
-
m9r81
as of
January 19, 2024
and as referenced in
the article
“
Accelerated
screening of carbon dioxide capture by liquid sorbents
”
to be published by
Digital
Discovery
, and any modifications thereof
.
“Product” means either an entire, or any part of a, device built using
Licensed Material
or
any
modifications thereof
.
The Licensed Material and any Product or uses thereof may
be covered by pending
patent application number US 18/529,939
or any patent issuing therefrom
.
Licensed Material
is available to Licensee on the following terms:
1.
Caltech
hereby
grant
s to Licensee
a nonexclusive, non
-
transferable, license
,
without the right to
sublicense
,
to
use
Licensed Material and any Product
for
internal,
non
-
commercial, academic research
purposes only.
2.
Licensed Material
is experimental in nature and
is being licensed “as is”. Th
is Agreement
does not
include any technical o
r other type of support.
3.
None of the
Licensed Material
provided
may be used
for
commercial
p
roducts
or services directly
or indirectly unless a license
agreement
granting
commercial
right
s
to
any
Caltech
patents
or patent
applications
covering Products
is executed between Caltech and Licensee. Licensee agrees that it will not
license, distribute, or sell the
Licensed Material
, information or data that incorporate any part of the
Licensed Material
,
or Products
to any other parties
without having executed such an agreement with
Caltech
.
4.
Licensee agrees that any person within the Licensee utilizing the
Licensed Materials
will be
advised of, and is subject to, the conditions in the Agreement.
5.
LICENSED
MATERIALS ARE PROVIDED “AS
-
IS” WITHOUT WARRANTY OF ANY
KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR
NONINFRINGEMENT OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE (AS SET FORTH IN
UCC 2312
-
2313) OR FOR ANY PURPOSE WHATSOEVER, FOR
A
PRODUCT, HOWEVER USED.
IN NO EVENT SHALL CALTECH BE LIABLE FOR ANY DAMAGES AND/OR COSTS,
INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS
,
REGARDLESS OF WHETHER CALTECH
SHALL BE ADVISED, HAVE REASON TO KNOW, OR
IN FACT SHALL KNOW OF THE POSSIBILITY.
LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE
LICENSED
MATERIALS
OR PRODUCT MADE USING
LICENSED MATERIALS
,
AND AGREES
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TO INDEMNIFY CALTECH FOR ALL THIRD
-
PARTY CLAIMS
RESULTING FROM THE
ACTIONS OF LICENSEE IN THE USE OF THE
LICENSED MATERIALS
.
6.
The Agreement covers the use described in paragraph 1 above. All other uses of the
Licensed
Materials
by the Licensee must be approved in writing in advance
by Caltech.
7.
This Agreement
sha
ll
be governed by the laws of the State of California, and any action brought
hereunder shall be within the State of California.
8.
This License shall terminate with immediate effect, upon written notice and without involvement
of a court if Licensee fails to comply with any of its terms and con
d
itions, or if the Licensee initiates legal
action against Caltech in relation to this License
.
9.
The grant of this license is subject to the requirements necessary to comply with all applicable
U.S. export laws
(
including, but not limited to,
22 CFR
§
120
-
130 and 15 CFR
§
730
-
774)
. If Caltech
determines that providing the
Licensed Materials
to Licensee would violate said export laws, this
Agreement shall be void.
Licensee
agrees to
comply with all applicable U.S. export control laws and
regulations. To the extent that the
Licensed Materials are
subject to U.S. export control laws and
regulations, the
Licensee
has the responsibility to obtain export licenses or other export authority as may
be required before exporting such information to foreign countries or providing access to foreign persons.
10.
The Licensee shall not use or make reference to any of the names (including acronyms or
abbreviations), images, or logos under which Caltech is known, save insofar as required to comply with
section 7. Any such permitted use or reference shall be factual a
nd shall in no event suggest any kind of
endorsement by Caltech or its personnel of
any
modified
Licensed Materials
or any Product, or any kind
of implication by Caltech or its personnel in the preparation of
any
modified
Licensed Materials
or
Product.
11.
This Agreement constitutes the sole and entire agreement of the parties as to the matter set forth
herein and supersedes any previous agreements, understandings, and arrangements, whether oral or
written, between the parties relating hereto. No waiver of
or change in any of the terms hereof claimed to
have been made by any representative of either party shall have any force or effect unless in writing,
signed by duly authorized representatives of the parties.
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Exhibit A
Licensed Materials
•
The supporting information including the fabrication guide, machining instructions for custom
parts,
and CCSI bill of materials.
•
CCSI_Publication_CAD
o
#10
-
32x0.75in set screw mmc#94355A341.SLDPRT
o
1_4
-
20x .375in MMC# 92196A537.SLDPRT
o
Alicat MFC.SLDPRT
o
BioChem 3Way Flow Selection Valve w_ Connectors.SLDASM
o
BioChem 3Way Flow Selection Valve.SLDPRT
o
CO2 Capture Cap v1.SLDPRT
o
CO2 Capture REC Chamber v1.SLDPRT
o
CO2 Capture Screen v2 Updated Valves.SLDASM
o
Legato 110 Syringe Pump.SLDPRT
o
Machining Drawings
§
Recirculation Chamber Cap v1
.pdf
§
Recirculation Chamber v1
.pdf
o
Mounting Platen v1.SLDPRT
o
NResearch 2 Way Isolation Valve w_ Connectors.SLDASM
o
NResearch 2 Way Isolation Valve.SLDPRT
o
NResearch 3 Way Isolation Valve HP225T031.SLDPRT
o
NResearch 3 Way Isolation Valve w_ Connectors HP225T031.SLDASM
o
Oring
-
112 SQUARE MMC4061T158.SLDPRT
o
PEEK Tee IDEX P
-
714.SLDPRT
o
Peristaltic Pump Cole Parmer Model 77120
-
62.SLDPRT
o
Sprint 6S CO2 Detector.SLDPRT
o
Syringe.SLDPRT
•
data_analysis
o
ccsi_nbenv.yml
o
co2sensor_data_KOH.pck
o
co2sensor_data_phenoxide.pck
o
conda_env_setup
.txt
o
MFC_data_KOH.pck
o
MFC_data_KOH.pck