PATENT DISCLAIMER. Company does not warrant that the use or sale of the Products will not infringe the claims of any patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
PATENT DISCLAIMER. Seller does not warrant that the use or sale of the products described hereunder will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
PATENT DISCLAIMER. Seller does not warrant the use of the products delivered will not infringe upon the claims of any United States or other patents covering the use thereof in combination with other products or in the operation of any process.
PATENT DISCLAIMER. The parties acknowledge that Aurora may not own or Control patent applications or patents covering the manufacture, sale, use or importation of a particular compound or pharmaceutical product developed and/or commercialized by GW as a result of the Assay; provided, however, GW agrees to pay to Aurora the milestones in Section 5.7 regardless of whether a compound or pharmaceutical product is covered by a patent application or patent within the Aurora Patents.
PATENT DISCLAIMER. Xxxxxx agrees that if the articles designated in this order are to be manufactured by seller in accordance with any ideas, designs or specifications, the essential, secret, or novel features of which originated with buyer or were developed by buyer or are owned or controlled by buyer (a) Seller will not disclose any such essential, secret or novel features to anyone and (b) Seller will not file, or attempt to file, any application for a patent thereon and (c) seller will upon buyers request, execute any document necessary or desirable to confirm title thereto in buyer. If this order requires seller to develop or design any article in order to perform this order, Xxxxxx agrees that all rights in such development or design shall belong to buyer.
PATENT DISCLAIMER. Seller agrees that if the articles designated in this contract are to be manufactured by Seller in accordance with any ideas, designs or specifications, the essential, secret, or novel features of which originated with Buyer or were developed by Buyer or are owned or controlled by Buyer (a) Seller will not disclose any such essential, secret, or novel features to anyone, and (b) Seller will not file, or attempt to file, any application for a United States or foreign patent thereon, and (c) Seller will, upon Xxxxx’s request, execute any document necessary or desirable to confirm title thereto in Buyer.
PATENT DISCLAIMER. Xxxxxxxx makes no representations or warranties and has not ascertained whether or not the Product can be manufactured, used, sold or offered for sale free of any infringement difficulties with respect to third party patent or registered design rights. It is the responsibility of HemaSure, should it so desire, to conduct any prior art searches and take any other steps HemaSure deems necessary to ascertain whether or not the Product can be manufactured, used, sold or offered for sale without fear of infringement difficulties. Xxxxxxxx does not represent or warrant that the Product does not infringe upon the rights of any third party. Xxxxxxxx does not represent or warrant that HemaSure's manufacture, use, storage, distribution, sale, offer to sell, advertising or promotion of the Product will not infringe upon the rights of any third party. Consistent with the terms of paragraph 1 relating to indemnity, HemaSure hereby agrees to indemnify and defend Xxxxxxxx, and to be solely responsible for and to hold Xxxxxxxx harmless, from any Claims or Losses relating to alleged infringement of any third-party patent or registered design rights or any other proprietary rights to intellectual property, whether asserted against Xxxxxxxx or the Xxxxxxxx Group or HemaSure, or both, arising out of or connected with the product specifications provided to Xxxxxxxx by HemaSure, or HemaSure's use, storage, distribution, sale, offer to sell, advertising or promotion of the Product in its leukoreduction filters. HemaSure does not, and shall not, indemnify Xxxxxxxx or any member of the Xxxxxxxx Group from and against any Claims or Losses attributable to the negligence or reckless or willful misconduct of Xxxxxxxx in the manufacture, storing or shipping of any other filtration media, or otherwise with respect to the design, manufacture, or use by Xxxxxxxx of any other filtration media, or any derivative thereof. Conversely, Xxxxxxxx shall indemnify and hold harmless HemaSure and the HemaSure Group from and against any Claims or Losses HemaSure may incur or suffer as a result of the matters described in the preceding sentence.
PATENT DISCLAIMER. Isotis does not warrant that the use, distribution or sale of the Dental Products described hereunder will not infringe the claims of any United States or other patents covering the Dental Products itself or the use thereof in connection with other Dental Products or in the operation of any process.
PATENT DISCLAIMER. Neither Seller nor Luminex warrants that the use or sale of the Bead will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process. EXHIBIT G AVAILABLE FIELDS DIAGNOSTIC FIELDS* The Field of Allergy Testing The Field of Allergy Testing means the detection of allergens (known substances which cause allergic reactions), antibodies thereto (all classes) and markers associated with the allergic process. Examples of analytes in this Field are: total and allergen specific immunoglobulin (IgE) and other immunoglobulin (IgG, IgA) mites, foods, ragweed, pollen and other substances, e.g., histamine, directly related to the allergic response. The Field of Autoimmune Disease Testing The Field of Autoimmune Disease Testing means the detection and measurement of antigens (soluble or cellular) and serum antibodies thereto which are related to auto immune diseases such as lupus erythematosus, rheumatoid arthritis, Sjogrens disease. Scleroderma, Diabetes, and various neurological disorders, etc. Examples of analytes in this Field are: anti-nuclear antibodies, anti-DNA antibodies, smooth muscle antibody, anti-cardiolipin antibodies, anti-mitochondrial antibodies, anti-neutrophil Cytoplasmic Antibodies (ANCA), rheumatoid factor, anti-myelin The Field of Bacteriological Immunoassays The Field of Bacteriological Immunoassays means the detection of bacteria, toxins related thereto and antibodies thereof. Examples of analytes in this Field are: salmonella, campylobacter, H. Pylori, staphylococcus, streptococcus, tuberculosis, E. coli and related toxins, syphilis, gonorrhea The Field of Bacteriological Nucleic Acid Assays The Field of Bacteriological Nucleic Acid Assays means the detection of bacteria by measurement of specific nucleic acids. Examples of analytes in this Field are: salmonella, campylobacter, H. Pylori, staphylococcus, streptococcus, tuberculosis, E. coli and related toxins, syphilis, gonorrhea * The Diagnostic Fields specifically exclude (i) applications for use on or with point of care devices using LUMINEX technologies, (ii) applications for neo-natal screening, (iii) applications for Alzheimer’s and Alzheimer’s related disease, and (iv) applications for blood banking and transfusion medicine The Field of Cancer Marker Immunoassay Testing The Field of Cancer Marker Immunoassay Testing means those markers, antibodies thereto which are diagnos...
PATENT DISCLAIMER. Neither Seller nor Luminex warrants that the use or sale of the Bead will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process. EXHIBIT B [INTENTIONALLY OMITTED.] *CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. EXHIBIT C MINIMUM SALES REQUIREMENTS [__]* *CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. EXHIBIT D LIMITED WARRANTY
