Cellink BIO X - Page 59

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6.1.9 Trademarks and other intelllectual property rights
All intellectual property rights and other rights, including without limitaon patents, design rights,
trademarks, copyright and know how, relang to the Products and any and all documentaon related
thereto shall be the exclusive property of CELLINK.
Nothing in connecon with purchase of Products or in the Agreement shall constute or be construed
as a transfer of ownership of any of CELLINK’s intellectual property rights or other rights or to
otherwise give the Buyer any proprietary rights to CELLINK’s intellectual property rights.
The Buyer shall not remove or change any trademark, trade name, sign or other mark on any Products
or its packing, or make any alteraons in the construcon or design of any Product.
6.1.10 Permied use of the products
You agree to and warrant that you only will use the Products in:
(i) accordance with these General Terms and the user manual provided for the
Products;
(ii) a way that does not promote or encourage illegal acvity;
(iii) a way that is not harmful, abusive or oensive, does not infringe the rights of
any third party or in any other way can harm CELLINK; and
(iv) compliance with all applicable laws, including local laws of the country or
region in which you reside or in which use the Product.
6.1.11 Product liability
CELLINK is not liable for any damage caused by the Product to any movable or immovable property
or the consequences of such damage, which occurs aer the Product is delivered to the Buyer.
The Buyer shall indemnify and hold CELLINK harmless to the extent that CELLINK incurs liability
towards any third party in respect of loss or damage for which CELLINK is not liable in relaon to the
Buyer following secon 9. For the avoidance of doubt, the Buyer shall have a liability to recourse all
costs inicted on CELLINK, due to any such claims.
Subject to the limitaons stated above, CELLINK is liable for claims made by a consumer, in accordance
with mandatory law for personal injury or damage to property caused by the Product.
If a claim for damage as described in this secon is lodged by a third party against one of the Pares,
the laer Party shall forthwith inform the other Party thereof in wring.
A precondion for CELLINK’s liability set forth above is that CELLINK has been noed in wring of
such claim in accordance with above and given authority to sele the claim or control the defence
of any suit and proceeding.
In the event that a Product or parts thereof becomes subject to a recall decided by CELLINK, the
Buyer shall parcipate and assist in such a process in accordance with CELLINK’s instrucons. The
Buyer is entled to compensaon for its reasonable direct and documented costs occurred in relaon
to the provision of such assistance.
The limitaon of CELLINK’s liability set forth in this secon shall not apply where CELLINK has been
guilty of negligence.
Both Pares shall keep and maintain product liability insurance in accordance with customary
condions.