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The purchase of the HT Nucleofector™ conveys to the buyer a non-
transferable, non-exclusive license without the right to grant
sublicenses, limited for solely the use of Lonza Cologne’s proprietary
Nucleofector™ process and method.
The license is limited to research use only. The license does not include the
right to use the purchased device, its components or materials for any type
whatsoever of commercial purpose as defined below. Notwithstanding
the foregoing, the buyer shall be allowed to use the licensed process in
combination with the purchased device to perform services internally for
affiliates, subsidiaries, sections, departments or scientific collaborators,
provided that such services are not for any commercial purpose.
Under no circumstances
shall the licensed process and/or the purchased
device be used for testing in or treatment of humans. The buyer
acknowledges that the licensed process and/or the purchased device are
not diagnostic or therapeutic tools and that they shall not be used as an
accessory or complement to such tools.
Commercial purposes means any activity by a party for a financial
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.
The buyer may not manufacture, copy, reproduce, transmit, distribute, sell,
lease, transfer or sublicense the licensed process and/or the purchased
device.
For information on purchasing a license to this product for purposes
other than research, contact our licensing department:
Phone: + 49 221 99199 0
E-mail: [email protected]
Representations and warranties
Lonza Cologne represents and warrants that, it is not aware of
any legal deficiencies of the patents and that to its knowledge it has the
right to dispose of the patents. Lonza Cologne further represents and
warrants that it has no knowledge of any rights of third parties which have
priority over the patents and that the inventors of the invention falling
under the patents have transferred all rights and entitlements to Lonza
Cologne and that accordingly Lonza Cologne has full power and authority
to grant the license provided hereunder.
Lonza Cologne does not warrant that the information and data pertaining
to the licensed process and/or the purchased device is correct and without
defects, that the use of such information or data is adequate for the use
of the licensed process and/or the purchased device or that the technical
information or data for the licensed process and/or the purchased device
is complete.
Lonza Cologne does not warrant either that the use of the license does not
infringe third parties’ rights or does not cause damages to third parties.
Any liability for later invalidation or lapse of the patents is excluded.
Subject to the warranty granted for the purchased device, all warranty
claims are excluded as far as they are based on the licensed process
or the purchased device. No warranty is made for the reliability, the
quality, the economic utilization, efficiency, merchantability, fitness
for purpose and the usefulness of the licensed process, the purchased
device, or products resulting from the use of the licensed process or the
purchased device, for the intended purpose or for any other purpose. The
exclusion of warranty claims does not apply in case of gross negligence
or intentional misconduct of Lonza Cologne.
Lonza Cologne does not assume any liability that the licensed process,
the purchased device or any product resulting from the use of the licensed
product shall be approved by governmental authorities or any other
institution or supervisory board or similar agencies.
5 Purchaser notification
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