Cellink BIO X 3D Bioprinter, User Manual

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6.2 BIO X EULA
14. EXPORT CONTROL. Licensee acknowledges and agrees that the Licensed Software
is subject to the export control and trade sanctions laws of the United States and may be
subject such laws of other countries (“Export Control Laws”). Licensee agrees to comply
with the Export Control Laws in all respects and will not export, re-export, or directly or
indirectly transfer any technical data acquired from CELLINK in violation of the Export
Control Laws. Licensee will notify CELLINK immediately if a violation of the Export Control
Laws has occurred. If CELLINK determines that such violation should be disclosed to the
applicable export control authority, Licensee agrees to provide assistance and information
as reasonably required to facilitate such disclosure. Licensee agrees to indemnify and hold
harmless CELLINK from any and all claims, losses, liabilities, damages, fines, penalties, costs
and expenses (including attorneys’ fees) arising from or relating to any breach by Licensee of
its obligations under this section.
15. MISCELLANEOUS. This User License contains the entire agreement between Licensee
and CELLINK and shall be deemed to supersede all prior agreements, whether written or
oral, and the terms and provisions of any such prior agreement shall be deemed to have
been merged into this User License. Ambiguities in this User License will not be construed
against the drafter. Licensee agrees that any terms of service may by modified by CELLINK
upon written notice of such changes or additions to Licensee. If there is a conflict between
this User License and other CELLINK terms of service, the other terms will apply. Terms
stipulated by Licensee that vary this User License or other terms of service are void and
have no effect unless agreed to in a writing signed by CELLINK. Any other modification
to this User License must be made by written instrument duly executed by the Parties. This
User License and its formation, operation and performance shall be governed, construed and
enforced in accordance with the substantive laws of the Monarch of Sweden for users located
outside the boarders of the United States of America, and the laws of the Commonwealth
of Virginia, U.S.A. for users located within the United States of America, without regard to
choice of law principles, and all claims relating to or arising out of this contract, or the breach
thereof, whether in contract, tort or otherwise, shall likewise be governed by the laws of the
Commonwealth of Virginia, without regard to choice of law principles. Each Party hereby
submits to the personal jurisdiction of the state and federal courts of the Commonwealth
of Virginia and waives any jurisdictional, venue, or inconvenient forum objections to such
courts. If any provision of this User License is held invalid or unenforceable by a court of
competent jurisdiction, the remainder of this User License shall remain in full force and effect.
The invalidity or unenforceability of any provision of this User License in any jurisdiction
will not affect the validity or enforceability of that provision or any other provision of this
User License in the same or any other jurisdiction. Waiver, or excuse of any breach, of any
provision of this User License must be in writing signed by the Party against which the waiver
is asserted. The failure of either Party to insist upon performance of any of the provisions
of this User License or to pursue its rights under this User License shall not be construed as
a waiver of any provision or the relinquishment of any rights.
QUESTIONS AND INFORMATION. Questions can be addressed and additional
information can be obtained about this User License by contacting CELLINK through our
contact page at https://cellink.com.