Common use of AUTHORIZATION NOTICE Clause in Contracts

AUTHORIZATION NOTICE. 5.1 Thermal Cycler Supplier agrees to include in the front of the user's manual for each Authorized Thermal Cycler, and for no other thermal cycler, a Notice as specified from time to time by Perkin-Elmer. Unless and until Perkin-Elmer reasonably instructs difxxxxxxxx, xxe Notice shall be: AUTHORIZED THERMAL CYCLER THIS INSTRUMENT, SERIAL NO.____, IS IN AUTHORIZED THERMAL CYCLER. ITS PURCHASE PRICE INCLUDES THE UP-FRONT FEE COMPONENT OF A LICENSE UNDER THE PATENTS ON THE POLYMERASE CHAIN REACTION (PCR) PROCESS, WHICH ARE OWNED BY HOFFMANN-LA ROCHE INC. AND F. HOFFMANN-LA ROCHE LTD, XX XXXXXXXX XXX XCR PROCESS XXX XXXXXXXX XXXXXXCH AND DEVELOPMENT USING THIS INSTRUMENT. THE RUNNING-ROYALTY COMPONENT OF THAT LICENSE MAY BE PURCHASED FROM PERKIN-ELMER OR OBTAINED BY PURCHASING AUTHORIZED REAGENTS. THIS INSTRUMENT IS ALSO AN AUTHORIZED THERMAL CYCLER FOR USE WITH APPLICATIONS LICENSES AVAILABLE FROM PERKIN-ELMER. ITS USE WITH AUTHORIZED REAGENTS ALSO PXXXXXXX X XXMITED PCR LICENSE IN ACCORDANCE WITH THE LABEL RIGHTS ACCOMPANYING SUCH REAGENTS. PURCHASE OF THIS PRODUCT DOES NOT ITSELF CONVEY TO THE PURCHASER A COMPLETE LICENSE OR RIGHT TO PERFORM THE PCR PROCESS. FURTHER INFORMATION ON PURCHASING LICENSES TO PRACTICE THE PCR PROCESS MAY BE OBTAINED BY CONTACTING THE DIRECTOR OF LICENSING AT THE PERKIN-ELMER CORPORATION, 850 LINCOLN CENTRE DRIVE, FOSTER CITY, CALIFORNIA 94400. XXXXXX-XXXXX XXXX XXX XXXXXXXXX XXX XXXXXXXXXXX XX THIS XXXXXXXXXT. 5.2 Thermal Cycler Supplier agrees to affix permanently and prominently to each Authorized Thermal Cycler the designation "Authorized Thermal Cycler," its Serial Number and a direction to consult the user's manual for license information. 5.3 Thermal Cycler Supplier further agrees to instruct the ultimate purchaser that transfer of the thermal cycler without the Serial Number or the Notice shall automatically terminate the authorization granted by this Agreement and the thermal cycler shall cease to be an Authorized Thermal Cycler. 5.4 To avoid confusion among thermal cycler users, Thermal Cycler Supplier agrees not to designate or refer to its Authorized Thermal Cyclers as "licensed" under the Amplification Patent Rights or "licensed" for PCR. However, Perkin-Elmer agrees that Thermal Cycler Supplier may designate or rexxx xx xxx Xuthorized Thermal Cyclers as carrying up-front license rights under the Amplification Patent Rights in a manner that fairly does not suggest that use of an Authorized Thermal Cycler conveys a full license under the Amplification Patent Rights.

AUTHORIZATION NOTICE. 5.1 Thermal Cycler Supplier agrees to include prominently in the front of the user's ’s manual for each Authorized Thermal Cycler, and for no other thermal cyclercycler or temperature cycling instrument, a Notice as specified from time to time by Perkin-ElmerPE CORP. Unless and until Perkin-Elmer PE CORP reasonably instructs difxxxxxxxxdifferently, xxe the Notice shall be: AUTHORIZED THERMAL CYCLER THIS INSTRUMENT, SERIAL NO.____. , IS IN AN AUTHORIZED THERMAL CYCLER. ITS PURCHASE PRICE INCLUDES THE UP-FRONT FEE COMPONENT OF A LICENSE UNDER THE PATENTS ON THE POLYMERASE CHAIN REACTION (PCR) PROCESS, WHICH ARE OWNED BY HOFFMANN-LA ROCHE MOLECULAR SYSTEMS INC. AND F. HOFFMANNX. XXXXXXXX-LA ROCHE XX XXXXX LTD, XX XXXXXXXX XXX XCR TO PRACTICE THE PCR PROCESS XXX XXXXXXXX XXXXXXCH FOR INTERNAL RESEARCH AND DEVELOPMENT USING THIS INSTRUMENT. THE RUNNING-RUNNING ROYALTY COMPONENT OF THAT LICENSE MAY BE PURCHASED FROM PERKIN-ELMER PE BIOSYSTEMS OR OBTAINED BY PURCHASING AUTHORIZED REAGENTS. THIS INSTRUMENT IS ALSO AN AUTHORIZED THERMAL CYCLER FOR USE WITH APPLICATIONS LICENSES AVAILABLE FROM PERKIN-ELMERPE BIOSYSTEMS. ITS USE WITH AUTHORIZED REAGENTS ALSO PXXXXXXX X XXMITED Enclosure 7 (9 of 14) PROVIDES A LIMITED PCR LICENSE IN ACCORDANCE WITH THE LABEL RIGHTS ACCOMPANYING SUCH REAGENTS. PURCHASE OF THIS PRODUCT DOES NOT ITSELF CONVEY TO THE PURCHASER A COMPLETE LICENSE OR RIGHT TO PERFORM THE PCR PROCESS. FURTHER INFORMATION ON PURCHASING LICENSES TO PRACTICE THE PCR PROCESS MAY BE OBTAINED BY CONTACTING THE DIRECTOR OF LICENSING AT THE PERKIN-ELMER PE CORPORATION, 850 LINCOLN CENTRE DRIVE000 XXXXXXX XXXXXX XXXXX, FOSTER CITYXXXXXX XXXX, CALIFORNIA 94400XXXXXXXXXX 00000. XXXXXXNO RIGHTS ARE CONVEYED EXPRESSLY, BY IMPLICATION OR ESTOPPEL TO ANY PATENTS ON REAL-XXXXX XXXX XXX XXXXXXXXX XXX XXXXXXXXXXX XX TIME METHODS, INCLUDING BUT NOT LIMITED TO 5’ NUCLEASE ASSAYS, OR TO ANY PATENT CLAIMING A REAGENT OR KIT. PE BIOSYSTEMS DOES NOT GUARANTEE THE PERFORMANCE OF THIS XXXXXXXXXTINSTRUMENT. 5.2 Thermal Cycler Supplier agrees to affix permanently and prominently to each Authorized Thermal Cycler the designation "“Authorized Thermal Cycler," ”, its Serial Number and a direction to consult the user's ’s manual for license information. 5.3 Thermal Cycler Supplier further agrees to instruct the ultimate purchaser that transfer of the thermal cycler or temperature cycling instrument without the Serial Number or the Notice shall automatically terminate the authorization granted by this Agreement and the thermal cycler or temperature cycling instrument shall cease to be an Authorized Thermal Cycler. 5.4 To avoid confusion among thermal cycler users, Thermal Cycler Supplier agrees not to designate or refer to its Authorized Thermal Cyclers thermal cyclers or temperature cycling instruments covered by this Agreement as "“licensed" under ” unless it fully and simultaneously explains that the Amplification Patent Rights thermal cyclers or "licensed" for PCR. However, Perkin-Elmer agrees that Thermal Cycler Supplier may designate or rexxx xx xxx Xuthorized Thermal Cyclers as carrying up-front license rights under the Amplification Patent Rights in temperature cycling instruments do not convey with their purchase a manner that fairly does not suggest that use of an Authorized Thermal Cycler conveys a full complete license under the Amplification Patent Rights. 5.5 No Authorization Notice shall be supplied with an add-on module or anything else which is less than a complete thermal cycler or temperature cycling instrument.

AUTHORIZATION NOTICE. 5.1 Thermal Cycler Supplier agrees to include prominently in the front of the user's manual for each Authorized Thermal Cycler, and for no other thermal cyclercycler or temperature cycling instrument, a Notice as specified from time to time by Perkin-ElmerPE CORP. Unless and until Perkin-Elmer PE CORP reasonably instructs difxxxxxxxxdifferently, xxe the Notice shall be: AUTHORIZED THERMAL CYCLER THIS INSTRUMENT, SERIAL NO.. ____, IS IN AN AUTHORIZED THERMAL CYCLER. ITS PURCHASE PRICE INCLUDES THE UP-FRONT FEE COMPONENT OF A LICENSE UNDER THE PATENTS ON THE POLYMERASE CHAIN REACTION (PCR) PROCESS, WHICH ARE OWNED BY HOFFMANN-LA ROCHE MOLECULAR SYSTEMS INC. AND F. HOFFMANNHXXXXXXX-LA ROCHE LTDXX XXXXX XXX, XX XXXXXXXX XXX XCR TO PRACTICE THE PCR PROCESS XXX XXXXXXXX XXXXXXCH FOR INTERNAL RESEARCH AND DEVELOPMENT USING THIS INSTRUMENT. THE RUNNING-RUNNING ROYALTY COMPONENT OF THAT LICENSE MAY BE PURCHASED FROM PERKIN-ELMER PE BIOSYSTEMS OR OBTAINED BY PURCHASING AUTHORIZED REAGENTS. THIS INSTRUMENT IS ALSO AN AUTHORIZED THERMAL CYCLER FOR USE WITH APPLICATIONS LICENSES AVAILABLE FROM PERKIN-ELMERPE BIOSYSTEMS. ITS USE WITH AUTHORIZED REAGENTS ALSO PXXXXXXX X XXMITED PROVIDES A LIMITED PCR LICENSE IN ACCORDANCE WITH THE LABEL RIGHTS ACCOMPANYING SUCH REAGENTS. PURCHASE OF THIS PRODUCT DOES NOT ITSELF CONVEY TO THE PURCHASER A COMPLETE LICENSE OR RIGHT TO PERFORM THE PCR PROCESS. FURTHER INFORMATION ON PURCHASING LICENSES TO PRACTICE THE PCR PROCESS MAY BE OBTAINED BY CONTACTING THE DIRECTOR OF LICENSING AT THE PERKIN-ELMER PE CORPORATION, 850 LINCOLN CENTRE DRIVEXXXXXXX XXXXXX XXXXX, FOSTER CITYXXXXXX XXXX, CALIFORNIA 94400XXXXXXXXXX 00000. XXXXXXNO RIGHTS ARE CONVEYED EXPRESSLY, BY IMPLICATION OR ESTOPPEL TO ANY PATENTS ON REAL-XXXXX XXXX XXX XXXXXXXXX XXX XXXXXXXXXXX XX TIME METHODS, INCLUDING BUT NOT LIMITED TO 5' NUCLEASE ASSAYS, OR TO ANY PATENT CLAIMING A REAGENT OR KIT. PE BIOSYSTEMS DOES NOT GUARANTEE THE PERFORMANCE OF THIS XXXXXXXXXTINSTRUMENT. 5.2 Thermal Cycler Supplier agrees to affix permanently and prominently to each Authorized Thermal Cycler the designation "Authorized Thermal Cycler," ", its Serial Number and a direction to consult the user's manual for license information. 5.3 Thermal Cycler Supplier further agrees to instruct the ultimate purchaser that transfer of the thermal cycler or temperature cycling instrument without the Serial Number or the Notice shall automatically terminate the authorization granted by this Agreement and the thermal cycler or temperature cycling instrument shall cease to be an Authorized Thermal Cycler. 5.4 To avoid confusion among thermal cycler users, Thermal Cycler Supplier agrees not to designate or refer to its Authorized Thermal Cyclers thermal cyclers or temperature cycling instruments covered by this Agreement as "licensed" under unless it fully and simultaneously explains that the Amplification Patent Rights thermal cyclers or "licensed" for PCR. However, Perkin-Elmer agrees that Thermal Cycler Supplier may designate or rexxx xx xxx Xuthorized Thermal Cyclers as carrying up-front license rights under the Amplification Patent Rights in temperature cycling instruments do not convey with their purchase a manner that fairly does not suggest that use of an Authorized Thermal Cycler conveys a full complete license under the Amplification Patent Rights. 5.5 No Authorization Notice shall be supplied with an add-on module or anything else which is less than a complete thermal cycler or temperature cycling instrument.

AUTHORIZATION NOTICE. 5.1 Thermal Cycler Supplier agrees to include in the front of the user's manual for each Authorized Thermal Cycler, and for no other thermal cycler, a Notice as specified from time to time by PerkinPerkxx-ElmerXxxxx. Unless Xxless and until PerkinPerkxx-Elmer reasonably Xxxxx xxxsonably instructs difxxxxxxxxdifferently, xxe the Notice shall be: AUTHORIZED THERMAL CYCLER THIS INSTRUMENT, SERIAL NO.____, IS IN AUTHORIZED THERMAL CYCLER. ITS PURCHASE PRICE INCLUDES THE UP-FRONT FEE COMPONENT OF A LICENSE UNDER THE PATENTS ON THE POLYMERASE CHAIN REACTION (PCR) PROCESS, WHICH ARE OWNED BY HOFFMANNHOFFXXXX-LA ROCHE INCXX XXXXX XXX. AND F. HOFFMANNXXXXXXXX-LA ROCHE LTDXX XXXXX XXX, XX XXXXXXXX XXX XCR TO PRACTICE THE PCR PROCESS XXX XXXXXXXX XXXXXXCH FOR INTERNAL RESEARCH AND DEVELOPMENT USING THIS INSTRUMENT. THE RUNNING-ROYALTY COMPONENT OF THAT LICENSE MAY BE PURCHASED FROM PERKINPERKXX-ELMER OR XXXXX XX OBTAINED BY PURCHASING AUTHORIZED REAGENTS. THIS INSTRUMENT IS ALSO AN AUTHORIZED THERMAL CYCLER FOR USE WITH APPLICATIONS LICENSES AVAILABLE FROM PERKINPERKXX-ELMERXXXXX. ITS XXS USE WITH AUTHORIZED REAGENTS ALSO PXXXXXXX X XXMITED PROVIDES A LIMITED PCR LICENSE IN ACCORDANCE WITH THE LABEL RIGHTS ACCOMPANYING SUCH REAGENTS. PURCHASE OF THIS PRODUCT DOES NOT ITSELF CONVEY TO THE PURCHASER A COMPLETE LICENSE OR RIGHT TO PERFORM THE PCR PROCESS. FURTHER INFORMATION ON PURCHASING LICENSES TO PRACTICE THE PCR PROCESS MAY BE OBTAINED BY CONTACTING THE DIRECTOR OF LICENSING AT THE PERKINPERKXX-ELMER CORPORATIONXXXXX XXXPORATION, 850 LINCOLN CENTRE DRIVEXXXXXXX XXXXXX XXXXX, FOSTER CITYXXXXXX XXXX, CALIFORNIA 94400XXXXXXXXXX 00000. XXXXXXPERKXX-XXXXX XXXX XXX XXXXXXXXX XXX XXXXXXXXXXX XX XXXS NOT GUARANTEE THE PERFORMANCE OF THIS XXXXXXXXXTINSTRUMENT. 5.2 Thermal Cycler Supplier agrees to affix permanently and prominently to each Authorized Thermal Cycler the designation "Authorized Thermal Cycler," its Serial Number and a direction to consult the user's manual for license information. 5.3 Thermal Cycler Supplier further agrees to instruct the ultimate purchaser that transfer of the thermal cycler without the Serial Number or the Notice shall automatically terminate the authorization granted by this Agreement and the thermal cycler shall cease to be an Authorized Thermal Cycler. 5.4 To avoid confusion among thermal cycler users, Thermal Cycler Supplier agrees not to designate or refer to its Authorized Thermal Cyclers as "licensed" under the Amplification Patent Rights or "licensed" for PCR. However, PerkinPerkxx-Elmer agrees Xxxxx xxxees that Thermal Cycler Supplier may designate or rexxx xx xxx Xuthorized refer to its Authorized Thermal Cyclers as carrying up-front license rights under the Amplification Patent Rights in a manner that fairly does not suggest that use of an Authorized Thermal Cycler conveys a full license under the Amplification Patent Rights.