If Customer Is Receiving Non-Xxxx Devices as Part of a Package Deal Sample Clauses

If Customer Is Receiving Non-Xxxx Devices as Part of a Package Deal. Any purchases of a Spectrum Laser/IPL System, Phoenix CO2 Laser, PiXel8-RF Radio Micro Needling System, Arctic Chill Cold Air System, EpiLaze Hair Removal System, PowerSculp (aka BodySculp) Laser Lipolysis System, and/or PicoLazer System (collectively, the “Xxxxxx Products”) are purchases directly from, and sales directly by, Xxxxxx Aesthetics, LLC (“Xxxxxx”). Any purchases of a PRO-NOX Nitrous Oxide System (“PRO-NOX”) are purchases directly from, and sales directly by, CAREstream Medical, Ltd. (“CAREstream”). Customer acknowledges and agrees that: (1) neither the Xxxxxx Products nor the PRONOX are Xxxx products, and Customer is not purchasing the Xxxxxx Products or the PRO-NOX from Xxxx; (2) Customer’s purchase, receipt, and use of the Xxxxxx Products is subject to Xxxxxx’x terms and conditions of sale, a copy of which Xxxxxx has provided for Customer’s information purposes, but which does not form a part of this Agreement between Customer and Xxxx; (3) Customer’s purchase, receipt, and use of PRO-NOX is subject to CAREstream’s terms and conditions of sale, which CAREstream may provide to Customer upon Customer’s request, but which do not form a part of this Agreement between Customer and Xxxx; (4) any and all Xxxxxx Product- related complaints or adverse event reports must be reported to Xxxxxx in accordance with Xxxxxx’x reporting procedures; (5) any and all PRO-NOX-related complaints or adverse event reports must be reported to CAREstream in accordance with CAREstream’s reporting procedures; (6) Xxxxxx will contact Customer directly to arrange for training on the Xxxxxx Products; (7) CAREstream will contact Customer directly to arrange for training on PRO-NOX; (8) Xxxx makes no representations or warranties regarding the Xxxxxx Products or PRO-NOX; (9) no Xxxx products have been cleared for use in combination with any Xxxxxx Product or PRO-NOX; (10) XXXX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE XXXXXX PRODUCTS AND PRO- NOX, AND XXXX SHALL HAVE NO LIABILITY TO CUSTOMER, ITS AFFILIATES, OR ITS END CUSTOMERS, OR TO ANY OTHER THIRD PARTY, FOR ANY ALLEGED OR ACTUAL DAMAGES, OR AS A RESULT OF ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, RELATING TO THE XXXXXX PRODUCTS OR THE PRO-NOX; (11) Customer shall seek remedy solely from Xxxxxx with r...
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