Cellink BIO X 3D Bioprinter, Руководство пользователя, Страница: 66 / 75

6.2 BIO X EULA
11. RESTRICTIONS AND DISCLAIMERS SPECIFIC TO 3D PRINTERS. In using the
Licensed Software, including creating, designing, developing or printing any designs, such as
designs for use with a CELLINK 3D Bioprinter, Licensee agrees to abide by all applicable
laws and regulations and not to violate any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right. FOR DESIGNS PROVIDED BY CELLINK,
THE LICENSED SOFTWARE, OR A CELLINK 3D BIOPRINTER, CELLINK DOES
NOT WARRANT THAT ANY SUCH DESIGNS DO NOT VIOLATE ANY PATENT,
COPYRIGHT, OR TRADEMARK, OR VIOLATE ANY TRADE SECRET OR
INTELLECTUAL PROPERTY LAW, NOR THAT ANY SUCH DESIGNS WILL NOT
CORRUPT OR DAMAGE LICENSEE’S OR A THIRD PARTY’S FILES, COMPUTERS,
PRINTERS OR OTHER EQUIPMENT USED IN CONJUNCTION WITH SUCH
DESIGNS. During use, the axes on a CELLINK 3D Bioprinter move to perform printing
instructions, such as instructions provided by Licensed Software. Licensee acknowledges and
agrees that these and other moving parts may present a risk of bodily injury to a user of a
CELLINK 3D Bioprinter and the Licensed Software. CELLINK IS IN NO WAY LIABLE
FOR ANY BODILY INJURY, SUCH AS INJURY TO A USER’S HANDS, FOR ANY
DAMAGE RESULTING FROM OPERATING A CELLINK 3D BIOPRINTER AND/OR
LICENSED SOFTWARE OR FROM INTERACTING WITH SUCH MOVING PARTS.
Licensee acknowledges and agrees that a CELLINK 3D Bioprinter and/or the Licensed
Software may be programmed to print a design that is larger than the bioprinter print bed can
accommodate. CELLINK ASSUMES NO LIABILITY FOR PROPERTY DAMAGE TO
A PRINTER OR OTHER PERSONAL PROPERTY OR REAL ESTATE RESULTING
FROM PRINTING ANY DESIGN USING THE CELLINK 3D BIOPRINTER AND/
OR LICENSED SOFTWARE.
12. INDEMNITY. Licensee agrees to indemnify, defend and hold harmless CELLINK, its
subsidiaries, officers, directors, employees, agents, partners, advertisers and suppliers from and
against all demands, causes of action, claims, damages, liabilities, losses, costs and expenses
of any kind (including reasonable legal fees and costs) related to any claim or demand made
by any third party. Such claims or demands include but are not limited to those relating to
Licensee’s violations of any applicable laws or regulations, violations of this User License,
violations of a third party’s rights, including intellectual property rights, and claims or demands
concerning Licensee’s use of the Licensed Software or CELLINK 3D Bioprinter. Licensee
agrees not to settle any such matter without the prior written consent of CELLINK. For any
matter which Licensee is required to indemnify CELLINK, CELLINK at its sole option may
assume and control the defense at Licensee’s expense. CELLINK shall use reasonable efforts
to notify Licensee of any such matter, and Licensee, to the extent reasonable, shall cooperate
with CELLINK in connection with any legal proceedings relating to such matters.
13. TERM, TERMINATION, AND SURVIVAL. This User License is effective on the date
accepted by Licensee and shall continue unless and until terminated by CELLINK. Should
material breach on the part of Licensee occur, CELLINK may terminate this User License
immediately upon notice to Licensee. If terminated, the license granted hereunder shall also
terminate, however, any terms intended to survive termination will remain in effect. Upon
termination, Licensee agrees to destroy all copies of the Licensed Software in Licensee’s
possession. Licensee’s obligations under sections 9-15 shall survive the expiration or
termination of this User License.