Cellink BIO X6, User Manual

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BIO X6 User Manual v. 1.0 151
may cause damage, notice shall be given forthwith. If notice is not given forthwith, the Buyer
forfeits the right to make any claim based on damage which occurs, and which could have
been avoided, if such notice had been given. After receipt of a written notice, CELLINK shall,
at CELLINK’s option, repair or replace the Product or make a reasonable reduction of the
purchase price for the Products without undue delay. If CELLINK fails to fulfil its obligations
under this section within a reasonable time, the Buyer may by written notice require
CELLINK to do so within a final time. If CELLINK fails to fulfil its obligations within that time
limit, the Buyer may terminate the purchase of the defective Products in question by written
notice.
If the Buyer gives such notice as referred to above, and no defect is found for which
CELLINK is liable, CELLINK shall be entitled to compensation for the work and costs which it
has incurred as a result of the notice.
A
ll transports in connection with replacement shall be at the Buyer’s risk and at CELLINK’s
expense. The Buyer shall follow CELLINK’s instructions regarding how such transport shall
be carried out. CELLINK shall have no liability for defects save as stipulated above. This
applies to any loss the defect may cause, such as loss of production, loss of profit and other
consequential economic loss.
The limitation of CELLINK’s liability under this section shall, however, not apply where
CELLINK has been guilty of negligence.
11.1.8 Software
The software (proprietary software and third-party software), documentation, interfaces,
content, and any data that came with the Products, which may be updated or replaced by
feature enhancements or software updates provided by CELL
INK (the “Product Software”), is
licensed, not sold, to the Buyer for use in accordance with these General Terms. CELLINK
[and its licensors] retain ownership of the Product Software itself and reserve all rights not
expressly granted to you.
11.1.9 Granted rights
CELLINK grants the Buyer a non-exclusive, non-transferable, non-sublicensable, perpetual
right to use the Product Software in the Products within the Buyer’s own business. The Buyer
shall not have any right to the Product Software apart from the right to use Product Software
in line with these General Terms. Except for the Buyer’s right to make back-up copies if this
is necessary for the intended use of the Product Software, and to decompile the Product
Software to achieve interoperability with other programs, the Buyer is not allowed to modify,
copy, disassemble, reassemble, distribute, publish, reverse engineer, build a derivate or