Partners, Brigham and Women's Hospital and Massachusetts General Hospital have a number of standard terms and conditions that will be included in most agreements. Enclosed are some of our specific license terms and conditions:
Retained Rights; Requirements
All licenses granted by a PHS Hospital provide that the Hospital may continue to make and use the licensed technology for research and educational purposes, and share the technology with other academic, government and not-for-profit organizations. Under federal law, the U.S. government will also have the right to use licensed technologies, and there may also be a requirement that any products used or sold in the U.S. be manufactured substantially in the U.S.
Infringement Suits
The Hospital retains the right to approve any settlement of patent infringement claims prior to such settlement.
Indemnification
The Hospital requires that all licensees indemnify it against third party product liability claims, and certain other suits related to the licensed technology or materials.
Insurance
Licensees are required to maintain a general liability insurance policy with a minimum of $2,000,000.00 for the duration of the license agreement and a minimum of 15 years after termination of the license.
Disclaimer of Warranties and Liability
The Hospital disclaims certain warranties, including all warranties with respect to any patent rights and intellectual property transferred under any license, including but not limited to third party infringement of those rights. Licenses also include a comprehensive disclaimer of Hospital liabilities.
No Use of Hospital Name
Licensees are not permitted to use the Hospital’s name, trademarks, or similar identifiers, or names of its employees for sales or promotional purposes.