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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 These Terms and Conditions cannot be superseded without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 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 shall not be responsible for injury or damages resulting from
the use or misuse of any of its products.
EPICENTRE reserves the right to discontinue the sale of any product or
to make changes in any product at any time without notice.
Use of Betaine for 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 issued
or pending applications in the U.S. and other countries that are either
assigned or exclusively licensed to EPICENTRE. These products are accompanied
by a limited non-exclusive license for the purchaser to use the purchased
products solely for life science research. Contact EPICENTRE for information
on licenses for uses in diagnostics or other fields.
Circligase™ ssDNA Ligase is covered by intellectual property
rights licensed to EPICENTRE. The purchase of this product conveys to the
buyer the non-transferable 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 other patents pending and assigned to EPICENTRE
for specific CopyControl vectors and/or 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 assigned to EPICENTRE. These products are accompanied
by a limited non-exclusive 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.
7-Deaza-dGTP is licensed from Boehringer Mannheim GmbH for research
purposes only under U.S. Patent No. 4,804,748 and European Patent No. 0212536.
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; European Patent
No. 0927258, and other patents issued or pending, exclusively licensed or
assigned to EPICENTRE. These products are accompanied by a limited non-exclusive
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.
Hybridase™ Thermostable RNase H is covered by U.S. Patent
Nos. 5,268,289; 5,459,055; and 5,500,370 assigned to EPICENTRE. This product
is accompanied by a limited non-exclusive 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;
and other patents pending in the U.S. and foreign countries, licensed or
assigned to EPICENTRE. These products are accompanied by a limited non-exclusive
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 non-exclusively licensed to EPICENTRE.
MiniV™ Transcription Products are covered by U.S. and international
patent applications exclusively licensed to EPICENTRE. These products are
accompanied by a limited non-exclusive license for the purchaser to use the
purchased product(s) solely for life science research. Contact EPICENTRE
concerning licenses for other uses.
The Polymerase Chain Reaction (PCR) process is covered by patents
owned by the Hoffmann-LaRoche Corp. Use of the PCR process requires a license.
See below: 1. Licensed Research Products designed and sold for use in
Amplification Patent Rights. Notice to Purchaser: Limited License. A
license under US Patents, 4,683,202, 4,683,195, and 4,965,188 or their foreign
counterparts, owned by Hoffmann-La Roche Inc. and F. Hoffmann-La Roche Ltd.
("Roche"), has an up-front fee component and a running-royalty component.
The purchase price of this product includes limited, nontransferable rights
under the running-royalty component to use only this amount of the product
to practice the Polymerase Chain Reaction ("PCR") and related processes described
in said patents soley for the research and development activities of the
purchaser when this product is used in conjunction with a thermal cycler
whose use is covered by the up-front fee component. Rights to the up-front
fee component must be obtained by the end user to have a complete license.
These rights under the up-front fee component may be purchased from Applied
Biosystems or obtained by purchasing an Authorized Thermal Cycler. No right
to perform or offer commercial services of any kind using PCR, including
without limitation reporting the results of purchaser’s activities
for a fee or other commercial consideration, is hereby granted by implication
or estoppel. Further information on purchasing licenses to practice the PCR
Process may be obtained by contacting the Director of Licensing at Applied
Biosystems, 850 Lincoln Centre Drive, Foster City, California 94404 or at
Roche Molecular Systems, Inc., 1145 Atlantic Avenue, Alameda, California
94501 and outside the US at F. Hoffmann-La Roche Ltd., Grenzacherstrasse
124, 4070 Basel, Switzerland. 2. For use on research products which are
not Licensed Research Products but which are supported for use in PCR and/or
with Licensed Research Products. Notice to Purchaser: This product is
optimized for use in the Polymerase Chain Reaction ("PCR") covered by patents
owned by Hoffmann-La Roche Inc. and F. Hoffmann-La Roche Ltd. ("Roche").
No license under these patents to use the PCR Process is conveyed expressly
or by implication to the purchaser by the purchase of this product. A license
to use the PCR Process for certain research and development activities accompanies
the purchase of certain reagents from licensed suppliers such as EPICENTRE
when used in conjunction with an authorized thermal cycler, or is available
from Applied Biosystems. Further information on purchasing licenses to practice
the PCR Process may be obtained by contacting the Director of Licensing at
Applied Biosystems, 850 Lincoln Centre Drive, Foster City, California 94404
or at Roche Molecular Systems, Inc., 1145 Atlantic Avenue, Alameda, California
94501 and outside the US at F. Hoffmann-La Roche Ltd., Grenzacherstrasse
124, 4070 Basel, Switzerland.
SYBR® Green I Dye is covered by issued and pending patents owned
by Molecular Probes, Inc., Eugene, OR. Products containing SYBR® Green
I Dye are licensed by EPICENTRE for use in enzyme-based nucleic acid amplification
procedures, including real-time PCR, solely for life science research.
T7 & SP6 R&DNA™ Polymerases, & DuraScribe™ T7 & SP6
Transcription Kits to synthesize nucleic acids with non-canonical bases
or for partial ribosubstitution are covered by U.S. Patents 5,849,546; 6,107,037;
or 6,596,494, and other patents issued or pending. These products are accompanied
by a limited non-exclusive license for the purchaser to use the purchased
product(s) solely for life science research. Contact EPICENTRE concerning
licenses for other uses.
TargetAmp™ aRNA Amplification Products are covered by intellectual
property licensed to EPICENTRE Technologies Corporation from Johnson & Johnson
Pharmaceutical Research & Development, L.L.C.
TargetAmp™ aRNA Amplification Products are covered by U.S
Patents licensed exclusively to Incyte Corporation and sublicensed to EPICENTRE.
The purchase of these products 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 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.
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 non-exclusive 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 six
(6) 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.
The following are registered trademarks or trademarks of EPICENTRE:
EPICENTRE®, Ampligase®, and DuraScribe®, 2-Way, AmpliCap, AmpliCap-MAX,
AmpliScribe, AmpliTherm, APex, A-Plus, ArrayPure, BACMAX, BAC-Tracker, BuccalAmp,
Catch-All, CircLigase, Colony Fast-Screen, CopyControl, CopyCutter, DuraScript,
EC100, EC100D, EPI300, EPI400, EasyLyse, End-It, EpiBlue, EpiFOS, Epi-Grids,
EpiLyse, ExtractMaster, EZ::TN, EZ-Tn5, FailSafe, Fast-Link, Fast-Screen,
FosmidMAX, GELase, HK, Hybridase, HyperMu, IsoTherm, Kool, Long-Read, OmniCleave,
MasterAmp, MasterPure, MaxPlax, MessageMAX, MessageMuter, MiniV, MonsterScript,
mRNA-ONLY, Mu-End, NC-45, NTPhos, pCC1, pCC1BAC, pCC1FOS, PCRLyse, PeriPreps,
PlasmidMAX, Plasmid-Safe, pEpiFOS, pMOD, pPDM, pWEB, pWEB-TNC, QuickExtract,
R&DNA, Ready-Lyse, ReadyPreps, RepliPHI, Restricti-Lyse, RetroAmp, RiboScribe,
RiboShredder, SequiTherm, SequiTherm EXCEL, SoilMaster, T3-Flash, T7-Flash,
Tagetin, TAQurate, TargetAmp, Terminator, TransforMax, Transposome, Transposomics,
TypeOne, WaterMaster, ExactStart, Nano-g, TAQXpedite, Baseline-ZERO, mScript,
ScriptCap, ScriptGuard, MessageBOOSTER.
The following are trademarks or registered trademarks of the respective
organizations:
Affymetrix, Inc. - Affymetrix®, Geneship®
Amersham Biosciences - ALF™, CodeLink®
Amersham Pharmacia Biotech - Cy®
Applied Biosystems - ABI PRISM®
Bio-Rad Laboratories, Inc. - IQ™
Eppendorf AG - Prime RNase Inhibitor™
Invitrogen Corporation - SuperScript™
Kreatech Holding B.V. - ULS™
Li-Cor, Inc. - e-Seq™, Global IR2™, LI-COR® |
Merck KGaA - Benzonase®
Molecular Probes, Inc. - Alexa®, RiboGreen®, SYBR®
NEN Life Science Products, Inc. - NEN®
Promega Corporation - pGEM®, RNasin®
Qiagen – RNeasy®
Roche Molecular Systems, Inc. - AmpliTaq®
Rohm & Haas, Co. - Triton®
Stratagene Corporation - pBluescript® |
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