IVIS
®
Lumina XRMS Series III Hardware Manual
Chapter 4 | Legal Notices
12
b.
The following Limited Warranty provided by PerkinElmer is the sole and exclusive warranty
applicable to the Living Image
®
software ("Software"):
v.
PerkinElmer warrants that such software will conform to PerkinElmer's program manuals
current at the time of shipment to Customer when properly installed, provided, however, that
PerkinElmer does not warrant that the operation of the software will be uninterrupted or error-
free.
vi.
Customer agrees that as PerkinElmer's sole liability and as Customer's sole remedy,
PerkinElmer will provide services to correct documented and reproducible errors which
PerkinElmer's diagnosis indicates are caused by a defect in an unaltered version of the
Software.
c.
THE FOREGOING LIMITED WARRANTY IS THE CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
PERKINELMER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, PUNITIVE
DAMAGES, LOSS OF USE OF THE SYSTEM OR ANY ASSOCIATED EQUIPMENT, COST
OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME,
THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO
PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE SYSTEM OR ARISING
FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PERKINELMER
KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. PERKINELMER SHALL NOT BE
LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR
LOSS OF USE DURING THE PERIOD THAT THE SYSTEM IS BEING REPAIRED.
PERKINELMER DOES NOT REPRESENT OR WARRANT THAT THE EQUIPMENT OR
SOFTWARE WILL BE FREE FROM DEFECTS, UNINTERRUPTED OR, ERROR-FREE.
d.
Some countries, states or provinces do not allow the exclusion or limitation of implied warranties
or the limitation of incidental or consequential damages for certain products or the limitation of
liability for personal injury, so the above limitations and exclusions may be limited in their
application to you. When any implied warranties are not allowed to be excluded in their entirety,
they will be limited to the duration of the applicable written warranty. This Limited Warranty
gives you specific legal rights which may vary depending on local law.
e.
This Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts,
U.S.A., excluding its conflicts of laws principles and excluding the United Nations Convention
on Contracts for the International Sale of Goods.
4.3 Patents
The detection and imaging of light originating within mammals is the subject of several issued
patents and pending patent applications in the United States and around the world, including U.S.
Patent Numbers 5,650,135, 6,217,847, 6,649,143, 6,890,515, 6908605, 6916462, 6923951, 6939533,
7198774 and 7255851, and European Patent Commission Numbers EP0861093 and EP1016419, for
which Xenogen Corporation is the exclusive licensor. The use of an IVIS
®
Imaging System for such
applications requires a sublicense from Xenogen Corporation.
In addition, many of the hardware and software components of the Imaging System are the subject
of various issued patents and pending patent applications owned by Xenogen, including: United
States Patent Number 6,614,452 (Graphical User Interface for In Vivo Imaging); 6,775,567
(Improved Imaging Apparatus); 7113217 (Multi-view Imaging Systems), 7616985 (Method and
Apparatus for 3-D Reconstruction of Light Emitting Sources), 7403812 (Method and Apparatus for
Determining Target Depth, Brightness, and Size Within a Body Region), 6894289 (Fluorescence
illumination assembly for an imaging apparatus), and 6919919 (Light calibration device for use in
low level light imaging systems).
