64
6.2.8 Prohibions and restricons
Licensee agrees to use the Licensed Soware only with a CELLINK 3D Bioprinter and no other
equipment or instrumentaon. Any use of the Licensed Soware in a manner not authorized by this
User License is prohibited. Licensee agrees not to copy, reproduce, distribute, republish, download,
display, post or transmit the Licensed Soware in any form or by any means. Licensee agrees not
to make the Licensed Soware available to any third party, including by assigning, licensing, selling,
leasing, distribung, hosng, outsourcing, or otherwise transferring the Licensed Soware. Use of
the Licensed Soware is limited to the funconality made available by CELLINK, and Licensee agrees
not to circumvent or remove any protecve feature or any restricon on usage of the Licensed
Soware. Licensee agrees not to reverse engineer, modify, create derivave works of, or otherwise
use the Licensed Soware to develop another product or service. Licensee agrees not to interfere
with or disrupt servers, networks or the hosng of data by CELLINK or its service providers, including
by transming computer viruses or other malicious computer code, programs or les. Licensee will
not engage in nor permit or assist a third party to perform any acon prohibited by this User License.
If any such unauthorized acon is performed, Licensee shall nofy CELLINK immediately and such
acon will constute breach of this User License.
6.2.9 Disclaimer of warranes
THE LICENSED SOFTWARE AND CELLINK 3D BIOPRINTER ARE PROVIDED TO LICENSEE
ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. LICENSEE’S
USE OF THE LICENSED SOFTWARE AND CELLINK 3D BIOPRINTER IS AT LICENSEE’S OWN
RISK. CELLINK AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT,
AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
CELLINK DOES NOT WARRANT THAT THE LICENSED SOFTWARE, CELLINK 3D BIOPRINTER,
OR USE THEREOF WILL WORK AS INTENDED, WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL BE FREE OF DEFECTS, WILL
BE SAFE FOR OR COMPATIBLE WITH INTENDED USERS, INCLUDING BUT NOT LIMITED TO
MEDICALLY SAFE OR COMPATIBLE WITH IMPLANT RECIPIENTS, WILL MEET ANY PARTICULAR
REQUIREMENTS, OR WILL PRESENT NO RISK OF BODILY INJURY OR ILLNESS, SUCH AS BODILY
INJURY AS A RESULT OF MOVING PARTS, RISK OF PROPERTY DAMAGE, SUCH AS DAMAGE
TO HARD DRIVES OR USB STORAGE DEVICES, FILES AND DATA, OR RISK OF DAMAGE TO
LICENSEE’S OR A THIRD PARTY’S PROPERTY, OR RISK OF DAMAGE TO BUSINESS OPERATION
OR REPUTATION, INCLUDING FINANCIAL DAMAGE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE LICENSED SOFTWARE OR CELLINK 3D BIOPRINTER ARE FREE OF VIRUSES,
HARMFUL CODE OR OTHER HARMFUL COMPONENTS, OR WILL BE COMPATIBLE WITH
ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR WILL BE FREE FROM COMMUNICATION
DISRUPTIONS OR FAILURES, OR WILL BE ACCURATE, COMPLETE OR SECURE, INCLUDING BUT
NOT LIMITED TO SECURITY AGAINST CYBER ATTACK, ANY DATA BREACH, DATA SABOTAGE,
THEFT OF DESIGNS, PROPRIETAY OR CONFIDENTIAL INFORMATION, OR SECURITY AGAINST
NETWORK PENETRATION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
TO THE LICENSED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF ACCEPTANCE OF THIS USER LICENSE, AND WITH RESPECT TO
A CELLINK 3D BIOPRINTER, A DURATION OF NINETY (90) DAYS FROM DATE OF PURCHASE.