Luminex Luminex 200, System User Manual

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Standard Terms and Conditions For Use of Product
By opening the packaging containing this product ("Product") or by using such Product in any manner,
you are consenting and agreeing to be bound by the following terms and conditions. You are also agree-
ing that the following terms and conditions constitute a legally valid and binding contract that is enforce-
able against you. If you do not agree to all of the terms and conditions set forth below, you must promptly
return the Product for a full refund prior to using them in any manner.
1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE
TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO. NO
VARIATION OF THESE TERMS AND CONDITIONS SHALL BE BINDING UPON LUMINEX CORPO-
RATION ("LUMINEX") UNLESS AGREED TO IN WRITING AND SIGNED BY AN AUTHORIZED
REPRESENTATIVE OF LUMINEX. For purposes of this agreement, "Seller" shall mean the Luminex
authorized reseller that sells the Product to Buyer. Buyer, by accepting the Product shall be deemed
to have assented to the terms and conditions set forth herein, notwithstanding any terms contained in
any prior or later communications from Buyer and whether or not Seller shall specifically or expressly
object to any such terms.
2. Warranties - Any warranty obligations for the Product shall be exclusively provided in writing to Buyer
directly by Seller. LUMINEX MAKES NO WARRANTY WHATSOEVER REGARDING THE PROD-
UCT AND LUMINEX SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE. NEITHER SELLER NOR LUMINEX SHALL IN ANY EVENT BE LIABLE FOR INCI-
DENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY
USE OR FAILURE OF THE PRODUCT, EVEN IF SELLER OR LUMINEX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS
OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REAL-
IZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER
TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER
EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL
INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE
IS CAUSED BY SELLER'S GROSS NEGLIGENCE.
3. Buyer's Use of Product -Buyer agrees that no rights or licenses under Luminex's patents shall be
implied from the sale of the Product, except as expressly provided herein, and Buyer does not receive
any right under Luminex's patent rights hereunder. Buyer acknowledges and agrees that the Product
is sold and licensed only for use with Luminex's standard fluorescently dyed microspheres. Buyer fur-
ther acknowledges that the Product have not received approval from the United States Food and
Drug Administration or other federal, state or local regulatory agencies and have not been tested by
Seller or Luminex for safety or efficacy in food, drug, medical device, cosmetic, commercial or any
other use, unless otherwise stated in Seller's technical specifications or material data sheets fur-
nished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test and
use any Product in accordance with the practices of a reasonable person who is an expert in the field
and in strict compliance with the United States Food and Drug Administration and all applicable
domestic and international laws and regulations, now and hereinafter enacted.
BUYER HEREBY GRANTS TO LUMINEX A NONEXCLUSIVE, WORLDWIDE, UNRESTRICTED,
ROYALTY-FREE, FULLY PAID-UP LICENSE, WITH THE RIGHT TO GRANT AND AUTHORIZE
SUBLICENSES, UNDER ANY AND ALL PATENT RIGHTS IN INVENTIONS COMPRISING MODIFI-
CATIONS, EXTENSIONS, OR ENHANCEMENTS MADE BY BUYER TO THE PRODUCT OR TO
THE MANUFACTURE OR USE OF THE PRODUCT ("IMPROVEMENT PATENTS"), TO MAKE,
HAVE MADE, USE, IMPORT, OFFER FOR SALE OR SELL ANY AND ALL PRODUCT; EXPLOIT
ANY AND ALL METHODS OR PROCESSES; AND OTHERWISE EXPLOIT IMPROVEMENT PAT-
ENTS FOR ALL PURPOSES. NOTWITHSTANDING THE FOREGOING, "IMPROVEMENT PAT-
ENTS" SPECIFICALLY EXCLUDES PATENT CLAIMS CONCEIVED AND REDUCED TO PRACTICE
BY BUYER CONSISTING OF METHODS OF SAMPLE PREPARATION, METHODS OF CONJU-