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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 These Terms and Conditions cannot be superseded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.
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.
EPICENTRE shall not be responsible for injury or damages resulting
from the use or misuse of any of its products.
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.
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.
EPICENTRE's products are not for resale except by authorized distributors
or with express written permission of EPICENTRE.
EPICENTRE reserves the right to discontinue the sale of any product
or to make changes in any product at any time without notice.
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 one or
more 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.
DisplaceAce™ DNA Polymerase 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.
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 vitro transposon 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.
rGka DNA Polymerase 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.
Hybridase™ Thermostable RNase H is covered by U.S. Patent
Nos. 5,268,289; 5,459,055; and 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.
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.
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 to Incyte Corporation and sublicensed
to EPICENTRE. The purchase of these products conveys to the buyer the
limited, nonexclusive, 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 these products. No
other license is granted to the buyer whether expressly, by implication,
by estoppel or otherwise. In particular, no rights are conveyed to the
buyer to use the products or components of the products for purposes
including but not limited to provision of services to a third party,
generation of commercial databases or clinical diagnostics. These products
are sold pursuant to authorization from Incyte Corporation and Incyte
Corporation reserves all other rights under these patents. For information
on purchasing a license to the patents of Incyte Corporation for uses
other than in conjunction with this product or to use this product for
purposes other than research, please contact Incyte Corporation Licensing,
Experimental Station, Building 336, Route 141 and Henry Clay Road, Wilmington,
DE 19880. Phone 302-498-6700.
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
Kits are 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.
END-POINT PCR PRODUCTS
FailSafe PCR Premix Selection Kits; MasterAmp AmpliTherm DNA Polymerase;
MasterAmp Buccal Swab Kits; MasterAmp Extra-Long PCR Kit; MasterAmp
Taq PCR Core Kit; MasterAmp PCR Optimization Kits; MasterAmp Taq DNA
Polymerase; MasterAmp Tfl DNA Polymerase; 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.: 5,079,352, 5,789,224, 5,618,711, 6,127,155
and claims outside the U.S. corresponding to U.S. Patent No. 4,889,818.
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 (such as the patented 5´ Nuclease
Process claims in U.S. Patents Nos. 5,210,015 and 5,487,972), 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.
RT-PCR PRODUCTS
MasterAmp High Fidelity RT-PCR Kit; MasterAmp RT-PCR Kit for High
Sensitivity. 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.: 5,079,352, 5,789,224,
5,618,711, 6,127,155, 5,407,800, 5,322,770, 5,310,652, and claims outside
the U.S. corresponding to U.S. Patent No. 4,889,818. 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 (such as the patented 5´ Nuclease Process claims
in U.S. Patents Nos. 5,210,015 and 5,487,972) 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.
REAL-TIME PCR PRODUCTS WITH FLUORESCENT DYES
FailSafe GREEN Real-Time PCR Kits; MasterAmp GREEN Real-Time RT-PCR
Kit; TAQurate GREEN Real-Time PCR MasterMix; TAQXpedite GREEN Real-Time
PCR MasterMix Kit. 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.: 5,079,352, 5,789,224,
5,618,711, 6,127,155, 5,677,152, 5,773,258, 5,407,800, 5,322,770, 5,310,652,
5,994,056, 6,171,785, and claims outside the U.S. corresponding to
U.S. Patent No. 4,889,818. 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 (such
as apparatus or system claims in U.S. Patent No. 6,814,934) 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.
REAL-TIME PCR PRODUCTS WITH 5´ NUCLEASE
FailSafe PROBES Real-Time PCR Optimization and PreMix-Choice Kits;
TAQurate PROBES Real-Time PCR MasterMix. NOTICE TO PURCHASER: LIMITED
LICENSE. A license to perform the patented 5´ Nuclease Process
for research is obtained by the purchase of (i) both Authorized 5´ Nuclease
Core Kit and Licensed Probe, (ii) a Licensed 5´ Nuclease Kit,
or (iii) license rights from Applied Biosystems. This product is an
Authorized 5´ Nuclease Core Kit. Use of this product is covered
by one or more of the following U.S. patents and corresponding patent
claims outside the U.S.: 5,079,352, 5,789,224, 5,618,711, 6,127,155,
5,677,152, 5,773,258, 5,407,800, 5,322,770, 5,310,652, 5,210,015, 5,487,972,
and claims outside the U.S. corresponding to U.S. Patent No. 4,889,818.
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. Separate
purchase of a Licensed Probe would convey rights under the applicable
claims of U.S. Patents Nos. 5,538,848, 5,723,591, 5,876,930, 6,030,787,
6,258,569, 5,804,375 (claims 1-12 only), and 6,214,979, and corresponding
claims outside the United States. No right under any other patent claim
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 from
the Director of Licensing, Applied Biosystems, 850 Lincoln Centre Drive,
Foster City, California 94404, U.S.A.
The following are registered trademarks of EPICENTRE:
EPICENTRE, Ampligase, DuraScribe, and DuraScript.
The following are trademarks of EPICENTRE:
2-Way, AmpliCap, AmpliCap-Max, 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,
MiniV, MonsterScript, mRNA-ONLY, Mu-End, NC-45, 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, ScriptCap, ScriptGuard, 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.
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