BIO X6 User Manual v. 1.0 161
ntrol Laws in
all respects and will not export, re-export, or directly or indirectly transfer any technical data
acquired from CELLINK in violation of the Export Control Laws. Licensee will notify CELLINK
immediately if a violation of the Export Control Laws has occurred. If CELLINK determines
that such violation should be disclosed to the applicable export control authority, Licensee
agrees to provide assistance and information as reasonably required to facilitate such
disclosure. Licensee agrees to indemnify and hold harmless CELLINK from any and all
claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including
section.
11.2.13 Miscellaneous
This User License contains the entire agreement between Licensee and CELLINK and shall
be deemed to supersede all prior agreements, whether written or oral, and the terms and
provisions of any such prior agreement shall be deemed to have been merged into this User
License. Ambiguities in this User License will not be construed against the drafter.
Licensee agrees that any terms of service may by modified by CELLINK upon written notice
of such changes or additions to Licensee. If there is a conflict between this User License and
other CELLINK terms of service, the other terms will apply. Terms stipulated by Licensee that
vary this User License or other terms of service are void and have no effect unless agreed to
in a writing signed by CELLINK. Any other modification to this User License must be made
by written instrument duly executed by the Parties.
This User License and its formation, operation and performance shall be governed,
construed and enforced in accordance with the substantive laws of the Monarch of Sweden
for users located outside the boarders of the United States of America, and the laws of the
Common- wealth of Virginia, U.S.A. for users located within the United States of America,
without regard to choice of law principles, and all claims relating to or arising out of this
contract, or the breach thereof, whether in contract, tort or otherwise, shall likewise be
governed by the laws of the Commonwealth of Virginia, without regard to choice of law
principles. Each Party hereby submits to the personal jurisdiction of the state and federal
courts of the Commonwealth of Virginia and waives any jurisdictional, venue, or inconvenient
forum objections to such courts. If any provision of this User License is held invalid or
unenforceable by a court of competent jurisdiction, the remainder of this User License shall
remain in full force and effect.
The invalidity or unenforceability of any provision of this User License in any jurisdiction will
not affect the validity or enforce- ability of that provision or any other provision of this User
License in the same or any other juris- diction. Waiver, or excuse of any breach, of any
provision of this User License must be in writing signed by the Party against which the waiver
is asserted. The failure of either Party to insist upon performance of any of the provisions of
To Next Page
Loading...
