Terms and Conditions

Epicentre Technologies Corporation (hereinafter "Epicentre") agrees to sell its products under the Terms and Conditions below.

Prices quoted are for orders sent as a single shipment. Payment Terms are net 30 days. Thereafter, a carrying charge of 1.5% per month will be added to the unpaid balance.

By purchasing Epicentre's products, the organization that orders or buys products from Epicentre (hereinafter"PURCHASER") agrees to the Terms and Conditions herein. These Terms and Conditions cannot be superseded without express written agreement by an officer of Epicentre. Epicentre's failure to object to provisions contained in any purchase order or other form or document from PURCHASER shall not be construed as a waiver of these Terms and Conditions nor an acceptance of any such provision. PURCHASER agrees to hold harmless and indemnify Epicentre and its employees from and against any and all claims, losses, damages or other liability, including reasonable attorneys' fees, resulting from a use of the purchased products that is not in accordance with these Terms and Conditions.

Product Use

Epicentre's products are for research or laboratory use only and are not to be administered to humans or animals or used for pharmaceutical, in vitro diagnostic, or commercial purposes without written permission. Inquiries related to additional uses of Epicentre's products are welcomed.

Epicentre shall not be responsible for injury or damages resulting from the use or misuse of any of its products. Persons using the products should be technically qualified as defined in 40 C.F.R. § 720.3(ee) and should follow the Guidelines for Research involving Recombinant DNA Molecules (N.I.H. Guidelines) as presented in the Federal Register, July 5, 1994 (59 FR 34496) and any amendments thereto.

Disclaimer

Epicentre shall not be responsible for injury or damages resulting from the use or misuse of any of its products.

Warranty

Epicentre warrants that its products will conform to the standards stated in its product specification sheets in effect at the time of shipment. Epicentre will replace, free of charge, any product that does not conform to the specifications. This warranty limits Epicentre's liability only to the replacement of the product. THIS WARRANTY IS EXCLUSIVE, AND Epicentre MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The stated express warranties, and the remedy provided for breach thereof, are in lieu of all other liability or obligations of Epicentre for any damages whatsoever arising out of or in connection with the delivery, use, performance, or the inability to use any of its products. IN NO EVENT SHALL Epicentre BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, 
NEGLIGENCE, STRICT LIABILITY IN TORT, OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS). Without limiting the effect of the preceding sentence, Epicentre's maximum liability, if any, shall not exceed the purchase price paid by PURCHASER for the product.

Patent Disclaimer

Unless explicitly stated, no license or immunity under any patent is either granted or implied by the sale of any of Epicentre's products. Epicentre does not warrant that the resale or use of its products delivered will not infringe the claims of any United States or other patents, trademarks, or copyright covering the product itself, or its use in combination with other products, or in the operation of any process, and PURCHASER assumes all risks of patent, trademark, or copyright infringement by reason of any such use, combination, or operation.

Resale

Epicentre's products are not for resale except by authorized distributors or with express written permission of Epicentre.

Product Changes

Epicentre reserves the right to discontinue the sale of any product or to make changes in any product at any time without notice.

Patents, Licenses, and Trademarks

Nextera™ Products are covered by patent applications assigned to Epicentre and by U.S. Patent Nos. 5,965,443 and 6,437,109; European Patent No. 0927258, and related patents and patent applications, exclusively licensed to Epicentre. These products are accompanied by a limited nonexclusive license for the purchaser to use the purchased product(s) solely for life science research.

Baseline-ZERO™ DNase is covered by patent applications of Epicentre. Purchase of this product is accompanied by a limited, nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses for uses in diagnostics or other fields.

Use of Betaine in DNA Polymerase Reactions, including, but not limited to use for PCR or DNA sequencing, is covered by U.S. Patent No. 6,270,962, European Patent No. 0742838, German Patent No. DE4411588C1, and other patents or patent applications in the U.S. and other countries that are either assigned or exclusively licensed to Epicentre. Purchase of a product from Epicentre that contains betaine and a thermostable DNA polymerase is accompanied by a limited nonexclusive license for the purchaser to use the purchased product solely for life science research, whether the purchaser performs research in a not-for-profit or a for-profit organization. However, if the product does not contain a thermostable DNA polymerase in addition to betaine, all for-profit organizations require a license from Epicentre in order to use betaine or a product that contains betaine in DNA polymerase reactions for research applications, and not-for-profit organizations require a license if the product, the research, or the result of the research is transferred to or obtained for or on behalf of a for-profit organization. Licenses are also available to use of betaine in DNA polymerase reactions for human or animal diagnostics, screening, or other fields of use. Please contact Epicentre for information related to such licenses.

CircLigase™ ssDNA Ligase is covered by intellectual property rights licensed to Epicentre. The purchase of this product conveys to the buyer the nontransferable right to use the purchased product and components of the product in research conducted by the buyer. The buyer cannot sell or otherwise transfer this product or its components to a third party and in particular, no rights are conveyed to the buyer to use the product or its components for commercial use purpose other than for research to gain information that is used by the buyer.

CopyControl™ Products are covered by U.S. Patent No. 5,874,259 licensed to Epicentre and by U.S. Patent No. 7,138,267 for specific CopyControl cell lines. By purchasing CopyControl systems or vectors, the purchaser receives the right to use the product purchased from Epicentre or clones obtained therefrom solely for life science research. Purchase of these products does not grant rights to: (1) offer products, components of products, or any derivatives thereof for resale; or (2) to distribute or transfer the products, components of products, or derivatives thereof to third parties.

CopyCutter™ E. coli Cells are covered by U.S. Patent No. 7,794,971 and related patents or patent applications licensed or assigned to Epicentre. These products are accompanied by a limited nonexclusive license for the purchaser to use the purchased products solely for life science research. Purchase of these products does not grant rights to: (1) offer products, components of products or any derivatives thereof for resale; or (2) to distribute or transfer the products, components of products, or any derivatives thereof to third parties. Contact Epicentre concerning licenses for other uses.

ExactSTART™ Kits are covered by patent applications of Epicentre. Purchase of these products are accompanied by a limited, nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses for uses in diagnostics or other fields.

EZ-Tn5™ Transposon Tools for in vitro transposon insertion are covered by U.S. Patent Nos. 5,925,545; 5,948,622; 5,965,443, and 6,437,109; European Patent No. 0927258, and other patents issued or pending, exclusively licensed or assigned to Epicentre. These products are accompanied by a limited nonexclusive license for the purchaser to use the purchased product(s) solely for in vitrotransposon insertion for life science research. Purchase of these products does not grant rights to: (1) offer products, components of products, or any derivatives thereof for resale; or (2) to distribute or transfer the products, components of products, or any derivatives thereof to third parties. Contact Epicentre for information on licenses for uses other than life science research.

Hybridase™ Thermostable RNase H is covered by U.S. Patent No. 5,500,370 licensed or assigned to Epicentre. This product is accompanied by a limited nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses to other uses.

Use of Kool™ Templates in Rolling Circle Transcription reactions is covered by U.S. Patents Nos. 5,714,320; 6,077,668; 6,096,880; 6,368,802, 7,135,312; and other patents pending in the U.S. and foreign countries, licensed or assigned to Epicentre. These products are accompanied by a limited nonexclusive license for the purchaser to use the purchased product(s) solely for life science research. Contact Epicentre concerning licenses for other uses.

MasterAmp™ Extra-Long PCR Kit is covered by U.S. Patent No. 5,436,149 and other patents issued or pending worldwide, owned by Takara Shuzo, Co., Ltd. and nonexclusively licensed to Epicentre.

MiniV™ Transcription Products are covered by U.S. Patent No. 7,452,705 and related U.S. and international patents and/or patent applications licensed to Epicentre. These products are accompanied by a limited nonexclusive license for the purchaser to use the purchased product(s) solely for life science research. Contact Epicentre concerning licenses for other uses.

The mRNA-ONLY™ Prokaryotic mRNA Isolation kit with Poly(A)-Tailing is covered by U.S. Patent No. 6,242,189 exclusively licensed to Epicentre and by other patents pending and assigned to Epicentre. This product is accompanied by a limited nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses to other uses.

RiboMultiplier™ Kits are covered by patent applications of Epicentre. Purchase of these products is accompanied by a limited, nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses for uses in diagnostics or other fields.

Ribo-Zero™ rRNA Removal Kits are covered by patent applications of Epicentre. Purchase of these products is accompanied by a limited, nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses for uses in diagnostics or other fields.

RNA 5´ Polyphosphatase is covered by patent applications of Epicentre. Purchase of this product is accompanied by a limited, nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses for uses in diagnostics or other fields.

ScriptSeq™ mRNA-Seq Library Preparation Kits are covered by patent applications of Epicentre. Purchase of these products is accompanied by a limited, nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses for uses in diagnostics or other fields.

TargetAmp™ aRNA Amplification Products and MessageBOOSTER™ Products are covered by intellectual property licensed to Epicentre from Johnson & Johnson Pharmaceutical Research & Development, L.L.C.

TargetAmp™ aRNA Amplification Products and MessageBOOSTER™ Products are covered by U.S Patents licensed exclusively to LBS Technologies, Inc. and sublicensed to Epicentre Technologies Corporation. The purchase of this product conveys to the buyer the limited, non-exclusive, non-transferable right (without the right to resell, repackage, or further sublicense) under those patents to perform the RNA amplification methods claimed in those patents for research and development purposes, including clinical development of pharmaceutical and diagnostic products and services, solely in conjunction with this product. No other license is granted to the buyer whether expressly, by implication, by estoppel or otherwise. This product is sold pursuant to authorization from LBS Technologies, Inc. and LBS Technologies, Inc. reserves all other rights under these patents. For information on purchasing a license to the patents for uses other than in conjunction with this product or to use this product for purposes other than research, please contact LBSTechnologies, Inc., Suite 210, 259 Radnor-Chester Road, Radnor, PA 19087-8303. Phone: (804) 357-9694. Email: baysc@earthlink.net

Thermostable RNA Ligase is covered by intellectual property rights licensed to Epicentre. The purchase of this product conveys to the buyer the nontransferable right to use the purchased product and components of the product in research conducted by the buyer. The buyer cannot sell or otherwise transfer this product or its components to a third party and in particular, no rights are conveyed to the buyer to use the product or its components for commercial use purpose other than for research to gain information that is used by the buyer.

Use of TypeOne™ Restriction Inhibitor for increasing transformation efficiencies in bacterial strains with type I restriction and modification (R-M) system is covered by U.S. Patent No. 7,101,713 assigned to Epicentre. This product is accompanied by a limited nonexclusive license for the purchaser to use the purchased product solely for life science research. Contact Epicentre for information on licenses to other uses.

Use of T7 R&DNA™ Polymerase, SP6 R&DNA™ Polymerase, DuraScribe® T7 Transcription Kits, and DuraScribe® SP6 Transcription Kitsare covered by U.S. Patents 5,849,546; 6,107,037; 6,596,494; 7,291,487; or 7,309,570; and other issued or pending patent applications assigned to or exclusively licensed to Epicentre. Purchase of a product from Epicentre that is covered by a claim of these patents is accompanied by a limited nonexclusive license for a purchaser to use the purchased product to synthesize nucleic acids with noncanonical bases solely for non-commercial research. A particular use is considered non-commercial only if said use is not used, directly or indirectly, for the identification, development, or production of a therapeutic, diagnostic or other commercial product. A for-profit organization requires a license from Epicentre in order to use a product covered by a claim of these patents to identify, develop or make a therapeutic, diagnostic or other commercial product, and a not-for-profit organization requires a license if the product, the research, or the result of screening or research is transferred to or obtained for or on behalf of a for-profit organization. Please contact Epicentre for information related to licenses.

Use of Transposome™ Complexes for in vivo Transposon Insertion, including, but not limited to EZ-Tn5™ and HyperMu™ Transposome™ complexes, is covered by U.S. Patent Nos. 6,159,736, and 6,294,385; European Patent No. 1115856 and other patents issued or pending, exclusively licensed to Epicentre. These products are accompanied by a limited nonexclusive license for nonprofit organizations to use the purchased products solely for life science research. Specifically, researchers at nonprofit organizations may use these products in their research and they may transfer derivatives of the products to colleagues at other nonprofit organizations provided that such colleagues agree in writing to be bound by the terms and conditions of this label license. Researchers may not transfer these products or its derivatives to researchers at other organizations that are not nonprofit organizations without the express written consent of Epicentre and without those entities having an express license from Epicentre for the use of the products. Other than as specifically provided here, an authorized transferee of these products shall have no right to transfer these products or its derivatives to any other person or entity. A nonprofit organization performing research using this product for a for-profit organization shall also be considered for-profit. For-profit entities purchasing these products shall have three (3) months to evaluate the products in their research. Thereafter, such for-profit entities shall either contact Epicentre and take a license for their continued use of the products or destroy the products and all derivatives thereof. Please contact Epicentre with respect to licenses for commercial use, including manufacturing, therapeutic, or diagnostic use.

FailSafe Enzyme Mix; FailSafe PCR Premix Selection Kits; FailSafe PCR System; MasterAmp AmpliTherm DNA Polymerase; MasterAmp Extra-Long PCR Kit and MasterAmp Extra-Long DNA Pol; MasterAmp Taq DNA Polymerase; MasterAmp Tfl DNA Polymerase; MasterAmp Tth DNA Polymerase; MasterAmp RT-PCR Kit for High Sensitivity; MasterAmp High Fidelity RT-PCR Kit; Nextera PCR Enzyme; TAQXpedite PCR Systems. NOTICE TO PURCHASER: LIMITED LICENSE. Use of these products is covered by one or more of the following U.S. patents and corresponding patent claims outside the U.S.: 5,789,224, 5,618,711, 6,127,155 and claims outside the U.S. corresponding to U.S. Patent No. 5,079,352. The purchase of this product includes a limited, non-transferable immunity from suit under the foregoing patent claims for using only this amount of product for the purchaser’s own internal research. No right under any other patent claim, no right to perform any patented method, and no right to perform commercial services of any kind, including without limitation reporting the results of purchaser’s activities for a fee or other commercial consideration, is conveyed expressly, by implication, or by estoppel. This product is for research use only. Diagnostic uses under Roche patents require a separate license from Roche. Further information on purchasing licenses may be obtained by contacting the Director of Licensing, Applied Biosystems, 850 Lincoln Centre Drive, Foster City, California 94404, U.S.A.

FailSafe Enzyme Mix; FailSafe PCR Premix Selection Kits; and the FailSafe PCR System and certain methods of their use are covered by one or more of U.S. Patents 5,556,772; 7,297,519; and 7,312,052, which are licensed to Epicentre by Agilent Technologies, Inc.  Purchasers of these products are granted the right to use the products and to practice the patented methods with the products in all fields outside the human diagnostic field, i.e. in vitro measurement, observation, and/or determination of attributes, characteristics, diseases, traits, and/or other condition of a human being for the medical management of that human being.

The following are registered trademarks of Epicentre:

Epicentre, Ampligase, DuraScribe, and DuraScript.

The following are trademarks of Epicentre:

AmpliScribe, AmpliTherm, APex, ArrayPure, BACMAX, BAC-Tracker, Baseline-ZERO, BuccalAmp, Catch-All, CircLigase, Colony Fast-Screen, CopyControl, CopyCutter, DisplaceAce, EC100, EC100D, EPI300, EPI400, EasyLyse, End-It, EpiBlue, EpiFOS, Epi-Grids, EpiLyse, ExactSTART, ExtractMaster, EZ-Tn5, FailSafe, Fast-Link, Fast-Screen, FosmidMAX, GELase, HK, Hybridase, HyperMu, IsoTherm, Kool, Long-Read, MasterAmp, MasterPure, MaxPlax, MessageBOOSTER, MessageMAX, MessageMuter, Meta-G-Nome, MiniV, MonsterScript, mRNA-ONLY, Mu-End, NC-45, Nextera, NTPhos, Nano-g, OmniCleave, pCC1, pCC1BAC, pCC1FOS, PCRLyse, PeriPreps, PlasmidMAX, Plasmid-Safe, pEpiFOS, pMOD, pPDM, pWEB, pWEB-TNC, QuickExtract, R&DNA, Ready-Lyse, ReadyPreps, RepliPHI, Restricti-Lyse, RetroAmp, RiboMultiplier, RiboScribe, RiboShredder, Ribo-Zero, ScriptSeq, SequiTherm, SequiTherm EXCEL, SoilMaster, T7-Flash, Tagetin, TAQurate, TAQXpedite, TargetAmp, Terminator, TransforMax, Transposome, Transposomics, TypeOne, and WaterMaster.

ABI and PRISM are registered trademarks and BigDye is a trademark of Applied Biosystems. Affymetrix and Genechip are registered trademarks of Affymetrix, Inc. ALF and Cy are trademarks of GE Healthcare. BaseImagIR is a trademark and e-Seq and LI-COR are registered trademarks of of LI-COR Biosciences. Beadchip is a registered trademark of Bioarray Solutions Ltd. Bioanalyzer is a trademark of Agilent Technologies. Dark Reader is a trademark of Clare Chemical Research. Ficoll is a registered trademark of GE Healthcare. Illumina is a registered trademark of Illumina. iPod is a registered trademark of Apple Inc. IQ is a trademark of Bio-Rad Laboratories. NASBA is a registered trademark of Organon Teknika. NEN is a registered trademark of NEN Life Science Products, Inc. SYBR is a registered trademark of Molecular Probes, Inc. TaqMan is a registered trademark of Roche Molecular Systems, Inc. Triton is a registered trademark of Rohm & Haas, Co.