Exclusions to Seller Indemnification Obligations. For the avoidance of doubt, Seller has no obligation to defend, indemnify or hold harmless Purchaser for any infringement claim to the extent such infringement arises from: (i) use of the Product in any manner not in accordance with the rights expressly granted to Purchaser under these terms and conditions, (ii) use of the Product in combination with any third party products, materials, or services (unless the Product’s Documentation or Specifications expressly state such third party’s good is for use with the Product), (iii) use of the Product to perform any assay or other process not supplied by Seller, (iv) Seller’s compliance with specifications or instructions for such Product furnished by, or on behalf of, Purchaser, or (v) Purchaser’s breach of any of these terms and conditions, (vi) use of stand-alone third party goods that may be acquired or used with the Products (each of (i) – (vi), is referred to as an “Excluded Claim”).
Appears in 5 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale
Exclusions to Seller Indemnification Obligations. For the avoidance of doubt, Seller has no obligation to defend, indemnify or hold harmless Purchaser for any infringement claim to the extent such infringement arises from: (i) use of the Product in any manner or for any purpose other than Research Use, (ii) use of the Product in any manner not in accordance with its Specifications, its Documentation, or the rights expressly granted to Purchaser under these terms and conditions, (iiiii) use of the Product in combination with any third party other products, materials, or services (unless the Product’s Documentation or Specifications expressly state such third party’s good is for use with the Product)not supplied by Seller, (iiiiv) use of the Product to perform any assay or other process not supplied by Seller, (ivv) Seller’s compliance with specifications or instructions for such Product furnished by, or on behalf of, Purchaser, or (vvi) Purchaser’s breach of any of these terms and conditions, (vivii) use of stand-alone third party goods that may be acquired or used with the Products, or (viii) use of the Products in any manner or for any purpose that requires rights to Other IP (each of (i) – (viviii), is referred to as an “Excluded Claim”).
Appears in 1 contract
Samples: Laboratory Supplies Contract
Exclusions to Seller Indemnification Obligations. For the avoidance of doubt, Seller has no obligation to defend, indemnify indemnify, or hold harmless Purchaser for any infringement claim to the extent such infringement arises from: (i) use of the Product for any Excluded Use, (ii) use of the Product in any manner not in accordance with the rights expressly granted to Purchaser under these terms and conditionsTerms, (iiiii) use of the Product in combination with any third party products, materials, or services (unless the Product’s Documentation or Specifications expressly state such third party’s good is for use with the Product), (iiiiv) use of the Product to perform any assay or other process not supplied by Seller, Seller (ivv) Seller’s compliance with specifications or instructions for such Product furnished by, or on behalf of, Purchaser, or (vvi) Purchaser’s breach of any of these terms and conditionsTerms, or (vivii) use of stand-alone third party goods that may be acquired or used with the Products (each of (i) – (vivii), is referred to as an “Excluded Claim”).
Appears in 1 contract
Samples: Master Terms and Conditions of Sale (Adaptive Biotechnologies Corp)