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DNA Engine Tetrad 2 Thermal Cycler Operations Manual
B-4
Tech Support: 1-800-4BIORAD • 1-800-424-6723 • www.bio-rad.com
(d) failure of the SOFTWARE PRODUCT has resulted from anyone other than BIO or its
authorized representative installing or running any software on the computer running
the SOFTWARE PRODUCT, other than the SOFTWARE PRODUCT itself; or
(e) for failure to comply with any of the provisions of this License Agreement.
3.4 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BIO DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WAR-
RANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE
PRODUCT.
4.0 LIMITATION OF LIABILITY
4.1 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLIC-
ABLE LAW, IN NO EVENT SHALL BIO OR ITS SUPPLIERS OR EMPLOYEES BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAM-
AGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE CYCLER OR SOFTWARE PRODUCT OR THE
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BIO HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BIO’s ENTIRE LIA-
BILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO
THE PURCHASE PRICE PAID BY LICENSEE FOR THE CYCLER AND SOFTWARE
PRODUCT.
4.2 The CYCLER, SOFTWARE PRODUCT and THIRD PARTY SOFTWARE are not
intended for HIGH RISK ACTIVITIES (as defined below). In particular, the CYCLER,
SOFTWARE PRODUCT and THIRD PARTY SOFTWARE are not fault-tolerant and are
not designed, manufactured or intended for use or resale as on-line control equipment
in hazardous environments requiring fail-safe performance, or any other applications
or situations in which the failure of the CYCLER or SOFTWARE PRODUCT could lead
directly to death, personal injury, or severe physical or environmental damage (“HIGH
RISK ACTIVITIES”). Accordingly, BIO specifically disclaims any express or implied
warranty of fitness for High Risk Activities. LICENSEE agrees that BIO will not be liable
for any claims or damages arising from the use of the CYCLER or SOFTWARE
PRODUCT in such applications or situations. Note on Java Support. The SOFTWARE
PRODUCT may contain support for programs written in Java. Java technology is not
fault tolerant and is not designed, manufactured or intended for use in HIGH RISK
ACTIVITIES. Sun Microsystems, Inc. has contractually obligated THIRD PARTY SOFT-
WARE suppliers to make this disclaimer.
5. INDEMNIFICATION
5.1 LICENSEE agrees to indemnify and hold harmless BIO (including its officers,
directors, employees, and agents) and suppliers from and against any claims or
lawsuits, including attorney fees, that arise or result from any negligent, unlawful,
or unauthorized use, transfer, or distribution of the SOFTWARE PRODUCT or
THIRD PARTY SOFTWARE by LICENSEE.
6. TERM AND TERMINATION