Cellink BIO X User Manual page 65

6.2.10 Limitation of liaility
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL CELLINK OR ITS
SUBSIDIARIES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY CONTRACT, TORT, INCLUDING WITHOUT
LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF
LIABILITY ARISING IN ANY WAY OUT OF USE OF THE LICENSED SOFTWARE OR CELLINK
3D BIOPRINTER FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FROM ERRORS
OR OMISSIONS, UNINTENDED RESULTS, FAILURE TO WORK AS INTENDED, DEFECTIVE OR
INADEQUATE PRODUCTS, BODILY INJURY OR ILLNESS, INCLUDING REJECTION OF AN IMPLANT
BY ITS RECIPIENT OR BODILY INJURIES DUE TO MOVING PARTS, PROPERTY DAMAGE, SUCH
AS DAMAGE TO HARD DRIVES OR USB STORAGE DEVICES, FILES AND DATA, AND DAMAGE
TO LICENSEE'S OR A THIRD PARTY'S PROPERTY, VIRUSES, HARMFUL CODE OR OTHER
HARMFUL COMPONENTS, INCOMPATIBILITY WITH SOFTWARE, SYSTEMS OR SERVICES,
INACCURACIES, INCOMPLETENESS, COMMUNICATION DISRUPTIONS OR FAILURES, CYBER
ATTACK, BREACHES IN DATA SECURITY, DATA SABOTAGE, NETWORK PENETRATION, THEFT,
INCLUDING THEFT OF DESIGNS, PROPRIETARY OR CONFIDENTIAL INFORMATION, BUSINESS
INTERRUPTION, HARM TO BUSINESS REPUTATION, LOSS OF PROFITS OR OTHER FINANCIAL
LOSS, PRODUCT, USE, BUSINESS OPPORTUNITY OR REVENUE, LOSS OR INACCURACY OF
DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY
HOWEVER CAUSED, EVEN IF CELLINK HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH
DAMAGES. IN NO EVENT SHALL CELLINK'S CUMULATIVE LIABILITY HEREUNDER EXCEED THE
AMOUNT PAID BY LICENSEE FOR THE LICENSED SOFTWARE OR CELLINK 3D BIOPRINTER,
AS APPLICABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO LICENSEE.
6.2.11 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.
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