revvity CELLOMETER ASCEND - Limitation of Liability (Hardware and Software)

Appendix B. Warranty and License Details
8004708 Cellometer™ Ascend User Manual Rev A 54
Buyer is granted a non-exclusive right and license to use the Revvity Proprietary Information solely: (a) as
incorporated into, and in conjunction with, the products, (b) in conformance with the specifications, and (c) for
Buyer’s internal use.
Buyer may not: (i) assign, sublicense, transfer, lease, rent or distribute any of its rights in the Revvity Proprietary
Information; (ii) port, translate, localize or create derivative works based upon the Revvity Proprietary Information
in any manner; (iii) reverse assemble, decompile, reverse engineer, translate or otherwise attempt to derive or
obtain the source code, the underlying ideas, algorithms, structure or organization of the Revvity Proprietary
Information; (iv) use the Revvity Proprietary Information for the benefit of any third party including as part of any
service bureau, time sharing or third party training arrangement; or (v) publish any benchmark testing results on
any product or the Revvity Proprietary Information without Revvity’s written consent.
Revvity retains all ownership rights in the Revvity Proprietary Information and, other than limited license set forth
in this section, Buyer shall have no right in or to the Revvity Proprietary Information.
Buyer will not disclose the Revvity Proprietary Information to any third party or use it in any manner outside the
scope of the license including: (1) developing, designing, manufacturing, engineering, reverse engineering,
refurbishing, selling or offering for sale items, parts or components of items, derivatives of or equivalents, or
(2) assisting any third party in any manner to perform such activity.
Buyer shall use reasonable care to protect the Revvity Proprietary Information, and in no event less than the care
Buyer uses to protect its own like information.
LIMITATION OF LIABILITY (HARDWARE AND SOFTWARE)
Cellometer® automated cell counting instruments, software and consumables are intended for research use only.
In no event shall Revvity be liable for any damages whatsoever (including, without limitation, incidental, direct,
indirect, special or consequential damages, damages for loss of business profits, business interruption, loss of
business information) arising out of the use or inability to use this Software, Consumables or related Hardware.