Cellink BIO X User Manual page 60

6.1.12 Limitation of liability
Save for what follows from section 11, CELLINK's aggregate liability in relation to any claim of any
kind for any loss or damage arising out of, connected with, or resulting from the Agreement or from
the design, manufacture, sale, delivery, resale or use of the Products or any part thereof, as the case
may be, shall be limited to the refund of the purchase price of the Products with respect to which
the loss, damage or breach occurred.
In no event shall CELLINK be liable towards the Buyer for any loss of production or profit, loss of use,
loss of data, loss of contracts or for any other consequential, economic or indirect loss whatsoever
in respect of the sale, purchase, use or disposition of the Product.
The limitation of CELLINK's liability in this section shall not apply where CELLINK has been guilty of
negligence.
6.1.13 Force majeure
The Parties shall be relieved from liability for a failure to perform any obligation under the Agreement
during such period, and to the extent that the due performance thereof by either of the Parties
is prevented by reason of any circumstance beyond the control of the Parties ("Discharging
Circumstance"). If not otherwise shown, war, warlike hostilities, mobilisation, or general military
call-up, civil war, fire, flood, or other circumstances of similar importance, shall be considered as
Discharging Circumstances.
If a Party wishes to invoke a Discharging Circumstance, it shall give immediate notice to the other
Party of the commencement and the cessation of such Discharging Circumstance, failing which, the
Party shall not be discharged from liability for any non-performance caused by such Discharging
Circumstance.
The time for performance of the relevant obligations of a Party shall be appropriately extended by the
period during which a Discharging Circumstance continues, provided, however, that if performance
of a contractual obligation is prevented by a Discharging Circumstance for a period of six (6) months
or more, each Party shall be entitled to terminate the Agreement.
6.1.14 Confidentiality
The Parties hereby undertake, during the term of this Agreement and thereafter, to hold in confidence
and absolute secrecy any and all Confidential Information (as defined below), disclosed by the other
Party pursuant to this Agreement and not to disclose to third parties any Confidential Information
received. Furthermore, the Parties shall take reasonable steps to prevent an unauthorised disclosure
or use of such Confidential Information by employees, subagents or other intermediaries.
For the purpose of this Agreement, "Confidential Information" means any and all information (whether
in written or oral form), including but not limited to technical, practical, commercial information and
the contents of this Agreement, save as provided under (a) – (d) below:
(a)
(b)
(c)
(d)
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information which is known or which becomes known in full
detail to the public otherwise than by breach of the obligations
herein contained;
information which the disclosing Party can show was in its
possession before receiving it from the other Party;
information which a Party has received or receives from a third
party without restraints as to the disclosure thereof;
information which a Party is legally obliged to disclose by
compulsory law, court order or by order of another authority of
competent jurisdiction.