Luminex Luminex 200, System User Manual

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GATING PRODUCT TO ANALYTES, THE COMPOSITION OF MATTER OF THE SPECIFIC CHEM-
ISTRIES OF THE ASSAYS DEVELOPED BY BUYER AND METHODS OF PERFORMING THE
ASSAYS (I.E., THE PROTOCOL FOR THE ASSAY).
Buyer has the responsibility and hereby expressly assumes the risk to verify the hazards and to con-
duct any further research necessary to learn the hazards involved in using the Product. Buyer also
has the duty to warn Buyer's customers, employees, agents, assigns, officers, successors and any
auxiliary or third party personnel (such as freight handlers, etc.) of any and all risks involved in using
or handling the Product. Buyer agrees to comply with instructions, if any, furnished by Seller or
Luminex relating to the use of the Product and not misuse the Product in any manner. Buyer shall not
reverse engineer, decompile, disassemble or modify the Product. Buyer acknowledges that Luminex
retains ownership of all patents, trademarks, trade secrets and other proprietary rights relating to or
residing in the Product.
4. Buyer's Representations, Release and Indemnity - Buyer represents and warrants that it shall use the
Product in accordance with Paragraph 2, "Buyer's Use of Product," and that any such use of Product
will not violate any law, regulation, judicial order or injunction. Buyer agrees to release, discharge,
disclaim and renounce any and all claims, demands, actions, causes of action and/or suits in law or
equity, now existing or hereafter arising, whether known or unknown, against Seller and Luminex, and
their respective officers, directors, employees, agents, successors and assigns (collectively the
"Released Parties"), with respect to the use of the Product. Buyer agrees to indemnify and hold
harmless the Released Parties from and against any suits, losses, claims, demands, liabilities, costs
and expenses (including attorney, accounting, expert witness, and consulting fees) that any of the
Released Parties may sustain or incur as a result of any claim against such Released Party based
upon negligence, breach of warranty, strict liability in tort, contract or any other theory of law or equity
arising out of, directly or indirectly, the use of the Product or by reason of Buyer's failure to perform its
obligations contained herein. Buyer shall fully cooperate with the Released Parties in the investiga-
tion and determination of the cause of any accident involving the Product which results in personal
injury or property damage and shall make available to the Released Parties all statements, reports,
recordings and tests made by Buyer or made available to Buyer by others.
5. Patent Disclaimer - Neither Seller nor Luminex warrants that the use or sale of the Product will not
infringe the claims of any United States or other patents covering the product itself or the use thereof
in combination with other products or in the operation of any process.