Cellink BIO X User Manual page 59

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6.1.9 Trademarks and other intelllectual property rights
All intellectual property rights and other rights, including without limitation patents, design rights,
trademarks, copyright and know how, relating to the Products and any and all documentation related
thereto shall be the exclusive property of CELLINK.
Nothing in connection with purchase of Products or in the Agreement shall constitute or be construed
as a transfer of ownership of any of CELLINK's intellectual property rights or other rights or to
otherwise give the Buyer any proprietary rights to CELLINK's intellectual property rights.
The Buyer shall not remove or change any trademark, trade name, sign or other mark on any Products
or its packing, or make any alterations in the construction or design of any Product.
6.1.10 Permitted use of the products
You agree to and warrant that you only will use the Products in:
(i)
accordance with these General Terms and the user manual provided for the
Products;
(ii)
a way that does not promote or encourage illegal activity;
(iii)
a way that is not harmful, abusive or offensive, does not infringe the rights of
any third party or in any other way can harm CELLINK; and
(iv)
compliance with all applicable laws, including local laws of the country or
region in which you reside or in which use the Product.
6.1.11 Product liability
CELLINK is not liable for any damage caused by the Product to any movable or immovable property
or the consequences of such damage, which occurs after the Product is delivered to the Buyer.
The Buyer shall indemnify and hold CELLINK harmless to the extent that CELLINK incurs liability
towards any third party in respect of loss or damage for which CELLINK is not liable in relation to the
Buyer following section 9. For the avoidance of doubt, the Buyer shall have a liability to recourse all
costs inflicted on CELLINK, due to any such claims.
Subject to the limitations stated above, CELLINK is liable for claims made by a consumer, in accordance
with mandatory law for personal injury or damage to property caused by the Product.
If a claim for damage as described in this section is lodged by a third party against one of the Parties,
the latter Party shall forthwith inform the other Party thereof in writing.
A precondition for CELLINK's liability set forth above is that CELLINK has been notified in writing of
such claim in accordance with above and given authority to settle the claim or control the defence
of any suit and proceeding.
In the event that a Product or parts thereof becomes subject to a recall decided by CELLINK, the
Buyer shall participate and assist in such a process in accordance with CELLINK's instructions. The
Buyer is entitled to compensation for its reasonable direct and documented costs occurred in relation
to the provision of such assistance.
The limitation of CELLINK's liability set forth in this section shall not apply where CELLINK has been
guilty of negligence.
Both Parties shall keep and maintain product liability insurance in accordance with customary
conditions.
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