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CleanTag<sup>®</sup> Products Limited-Use Research License


CleanTag products and/or technology incorporated therein (hereinafter “Products”) and their use may be covered by one or more patents or pending Patent Applications. If you do not agree to use the Products you have purchased pursuant to the terms and conditions set out in this Research License Agreement, please contact TriLink BioTechnologies, LLC within ten days of receipt to return the unused and unopened Products for a full refund; provided, however, that custom-made Products may not be returned for a refund.

  1. Research Use. The purchase of Products conveys to the buyer the nontransferable right to use the purchased amount of the Products in internal research conducted by the buyer, whether the buyer is an academic, nonprofit, or for-profit entity. Buyer agrees that it will not sell or otherwise transfer Products, or any components or derivatives thereof, to any third party. Notwithstanding the foregoing, materials made through use of the Products may be transferred by you to your legal affiliates or bona fide third party contractors performing paid work on your behalf, provided the use by such third party contractors is limited to performance of work for you and such work is performed subject to the terms of this Research License Agreement.

  2. Commercial Use. Buyer also agrees that it will not sell, transfer, or otherwise use Products, or any components or derivatives thereof, for any commercial purposes. A license is required for any commercial use of Products, components, or derivatives thereof, regardless of the entity status. Information about commercial licenses for Products may be obtained by emailing [email protected] or by writing to TriLink BioTechnologies, LLC, 9955 Mesa Rim Road San Diego, CA 92121. You may not use the Products to support the filing of a patent application in any country that contains claims directed to the Products or uses thereof without the express approval of TriLink BioTechnologies, LLC.

  3. Attribution. Users of the Products will expressly refer to the provision of the product in their published and unpublished works by explicitly identifying the Products purchased and stating that the Products were “purchased from TriLink BioTechnologies, LLC (”

  4. WARRANTY. The Products are provided without warranty of merchantability or fitness for a particular purpose or any other warranty, express or implied, and without any representation or warranty that the use or supply of the Products will not infringe any patent, copyright, trademark or other right. TriLink BioTechnologies, LLC does not recommend to its end users any particular application, methodology and/or protocol for the use of the Products. Depending on your particular use of the Products, it may be necessary to obtain a separate license or licenses from one or more third parties. TriLink BioTechnologies, LLC and its employees and agents shall not be held liable for your use of the Products transferred to you. You agree to hold TriLink BioTechnologies, LLC and its employees and agents harmless for any loss, claim, damage or liability, of whatsoever kind or nature, which may arise from acceptance, use, handling or storage of the Products by you.

  5. LIMITATION OF LIABILITY. In no event shall buyer be entitled to recover from TriLink BioTechnologies, LLC any special, indirect, incidental, consequential, or punitive damages in connection with this agreement, buyer’s use of the Products, or the license granted hereunder.

  6. Upon receipt of Products, buyer shall use its expertise and facilities in strict accordance with all applicable local, state and federal laws, regulations and guidelines. Buyer understands that the Products may have biological and/or chemical properties that are unpredictable and unknown at the time of transfer, that they are to be used with caution and prudence, and that they will not to be used for testing in, or treatment of, humans.

  7. Your right to have and use the Products will terminate immediately if you fail to comply with these terms and conditions of this agreement. You shall, upon such termination of your rights, destroy all Products, or any components or derivatives thereof, and notify TriLink BioTechnologies, LLC of such in writing.

  8. This Research License Agreement sets forth the complete and entire agreement of the parties with respect to the subject matter hereof and supersedes and terminates all prior agreements and understandings between the parties. No subsequent amendment or addition to this Research License Agreement shall be binding upon the parties unless reduced to writing and signed by the respective authorized officers of the parties. This Research License Agreement shall not be assigned or otherwise transferred by the buyer.