Limited Use & Indemnification
Products are for research use only, not for use in diagnostic or therapeutic procedures or for use in humans. Products are not for resale without express written permission of Seller. No license under any patent or other intellectual property right of Seller or its licensors is granted or implied by the purchase unless otherwise provided in writing.
TriLink does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or other patents or patents pending covering the use of the product alone or in combination with other products or in the operation of any process. All and any use of TriLink product is the purchaser's sole responsibility.
TriLink custom synthesizes many products at the request of its clientele, and cannot determine the patent status of each request. Therefore TriLink requires that all clients indemnify TriLink from any legal action that may ensue from the synthesis of an ordered custom product. This indemnification will be applied to all orders, regardless of the format the order is placed.
Virtual Patent Marking Notice by TriLink Biotechnologies:
This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act and provide notice under 35 U.S.C. §287(a). The following list is not exclusive. Some products listed here may be covered by patents in the United States and elsewhere that are not listed, and other products not listed here may be protected by one or more patents in the United States and elsewhere. The following U.S. patents apply to TriLink products, including but not limited to the following:
CleanAmp® Products: Patented & Patent Pending
The manufacture, making, or using of CleanAmp® related products and technology may be covered by one or more claims in the following patents and/or patent application publications or may include, use, or otherwise involve the subject matter of one or more claims in the following patents and/or patent application publications.
US Patent 8,133,669
US Patent 8,361,753
CleanCap® Patented & Patent Pending
The following CleanCap ® products may be manufactured under or covered by at least one or more of the following U.S. patents and other patents pending. This page serves as notice under 35 U.S.C. § 287(a) for the following products:
CleanCap ® AG
CleanTag® Products: Patented & Patent Pending
The manufacture, making, or using of CleanTag® related products and technology may be covered by one or more claims in the following patents and/or patent application publications or may include, use, or otherwise involve the subject matter of one or more claims in the following patents and/or patent application publications.
CleanTag® Library Prep Kit
Biosearch Technologies, Inc.
Black Hole Quencher®, BHQ®, Cal Fluor®, Quasar®
GE Healthcare Bio-Sciences Corp.
Polyplus Transfection A.S.
Thermo Fisher Scientific Inc.
Alexa Flour®, Bodipy®, Cascade Blue®, Marina Blue®, Oregon Green®, Pacific Blue™, QSY®, Rhodamine Green™, Rhodamine Red™, Texas Red®
TriLink BioTechnologies, LLC.
Leading the Way in mRNA™
The Modified Nucleic Acid Experts®
Third Party Licensed Technologies and Statements
Aldehyde-C2, Yakima Yellow, Eclipse™ Dark Quencher, Super G, Redmond Red & Gig Harbor Green, ELITechGroup
These materials and products incorporating them or portions thereof are made and sold under license from ELITechGroup comprising (i) that such products are for research purposes only, and may not be used for commercial, clinical, diagnostic or any other use, (ii) that such products are subject to proprietary rights of ELITechGroup and are made and sold under license from ELITechGroup, (iii) that there is no implied license for commercial use with respect to such products, (iv) that a license must be obtained directly from ELITechGroup with respect to any other proposed commercial use of such products, and (v) that 'commercial use' includes but is not limited to the sale, lease, license or other transfer of such products or any material derived or produced from it, the sale, lease, license or other grant of rights to use such products or any material derived or produced from it, or the use of such products to perform services for a fee for third parties (including contract research).
Alexa & Premium Dyes, Life Technologies, Inc.
These materials and products incorporating them are provided under an intellectual property license from Life Technologies Corporation. The purchase of this product conveys to the buyer the non-transferable right to use the purchased amount of the product and components of the product for its internal research or internal quality control testing purposes, where such research or internal quality control testing does not include testing, analysis or screening services for any third party in return for compensation on a per test basis. The buyer cannot sell or otherwise transfer (a) this product (b) its components or (c) materials made using this product or its components to a third party or otherwise use this product or its components or materials made using this product or its components for Commercial Purposes. Commercial Purposes means any activity by a party for consideration and may include, but is not limited to: (1) use of the product or its components in manufacturing, except for quality control or quality assurance purposes; (2) use of the product or its components to provide a service, information, or data, except for quality control or quality assurance purposes; (3) use of the product or its components for therapeutic, diagnostic or prophylactic purposes; or (4) resale of the product or its components, whether or not such product or its components are resold for use in research. For information on purchasing a license to this product for purposes other than research, contact Life Technologies Corporation, 5791 Van Allen Way, Carlsbad, CA 92008 USA or [email protected].
ARCA (Anti-Reverse Cap Analog), LSU
This material and products incorporating it are sold under license from the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and Dr. Edward Darzynkiewicz and may be used for research use only, excluding any use in humans or for any diagnostic or therapeutic purpose. U.S. Patent 7,074,596.
Black Hole Quenchers, CAL Fluor & Quasar Dyes, Biosearch Technologies, Inc.
The BHQ®, CAL Fluor® and Quasar® dyes and products incorporating them are to be used for research & development purposes only and may not be used for any commercial, clinical, in vitro diagnostic or other use. Products incorporating these dyes are subject to the proprietary worldwide rights of Biosearch Technologies, Inc. and are made and sold under license from Biosearch Technologies, Inc. There is no implied license for commercial use with respect to the Products and a license must be obtained directly from Biosearch Technologies, Inc. with respect to any proposed commercial use of the Products. "Commercial Use" includes but is not limited to the sale, lease, license or other transfer of the products or any material derived there from, the sale, lease, license or other grant of rights to use the Products or any material derived or produced from them, or the use of the Products to perform services for a fee for third parties (including fee for service or contract research).
The Broad Institute, Inc.
Cas9 Products and/or technology incorporated therein (the “Products”) are provided under a Limited License granted by Broad, MIT, Harvard, Iowa, UTokyo and Rockefeller (each an “Institution, collectively the “Institutions”) and TriLink BioTechnologies LLC, (“TriLink”) to the Buyer of the Product (the “Limited Licensee”) conveying to the Limited Licensee the non-transferrable right to use the purchased amount of the Products in internal research conducted by the Limited Licensee in accordance with the following requirements:
- the Limited Licensee shall not sell or otherwise transfer Products (including without limitation any material that contains a Product in whole or in part) to any other person or entity, or use Products to perform services for the benefit of any other person or entity,
- the Limited Licensee shall use only the purchased amount of the Products purchased from Company, and shall use Products and components of the Products only for its internal research excluding (a) any human or clinical use, including, without limitation, any administration into humans or any diagnostic or prognostic use; (b) any human germline modification, including modifying the DNA of human embryos or human reproductive cells; (c) any in vivo veterinary or livestock use; (d) the development, manufacture, distribution, importation, exportation, transportation, sale, offer for sale, marketing, promotion or other exploitation or use of the Patent Rights or a Product for or as a testing service, therapeutic or diagnostic for humans or animals; (e) Products that provide nutritional benefits and are regulated by a regulatory authority as a drug or biologic pursuant to Section 505 of the Federal Food, Drug, and Cosmetic Act of 1938, as amended, Section 351 of the Public Health Service Act of 1944, as amended, or any successor laws, or equivalent laws or regulations in jurisdictions outside the United States; (f) any agricultural use, including but not limited to the use or application in the cultivation, growth, manufacture, exportation, or production of any tobacco product; and (g) any use or application relating to gene drive (the “Field”), except to the extent the Limited Licensee has a separate license from the Institutions to use the Products outside of the Field, and not for any Commercial Purposes,
- the Limited Licensee shall use Products in compliance with all applicable laws and regulations, including without limitation applicable human health and animal welfare laws and regulations,
- Institutions shall provide no warranties of any kind to the Limited Licensee (statutory or implied) concerning the Intellectual Property or Products, including without limitation, as to Product quality, condition, description, merchantability, fitness for a particular purpose, noninfringement of intellectual property rights or the absence of latent or other defects, and all such warranties are hereby expressly disclaimed,
- Institutions shall expressly disclaim any warranty regarding results obtained through the use of the Products, including without limitation any claim of inaccurate, invalid or incomplete results,
- Institutions and their directors, trustees, officers, employees, agents, faculty, affiliated investigators, and students, shall have no liability to the Limited Licensee, including, without limitation, for any loss of use or profits, business interruption or any consequential, incidental, special or other indirect damages of any kind, regardless of how caused and regardless of whether an action in contract, tort, strict Product liability or otherwise,
- the Limited Licensee shall indemnify, defend and hold harmless TriLink, each Institution and and their current and former trustees, directors, officers, faculty, affiliated investigators, students, employees, and agents and their respective successors, heirs and assigns against any liability, damage, loss, or expense (including without limitation reasonable attorneys’ fees and expenses) incurred by or imposed upon any of the Indemnitees in connection with any claims, suits, investigations, actions, demands or judgments arising out of or related to the exercise of any rights granted to the Limited Licensee under the Limited License or any breach of the Limited License by such Limited Licensee, provided that, to the extent the foregoing is not permitted by law, the Limited Licensee agrees, to the extent permitted by law, that it, and not the Indemnitees, shall be responsible for any liability, damage, loss or expense arising out of or related to the exercise of any rights granted to the Limited Licensee under the Limited License or any breach of the Limited License by Limited Licensee, and the Product and its use may be the subject of one or more issued patents or pending patent applications owned by one or more Institutions and the purchase of the Product does not convey a license under any claims in the foregoing patents or patent applications directed to the Product or use, Production or commercialization thereof, except as expressly set forth in the Limited License.
ERS Genomics Ltd
BEFORE PLACING AN ORDER OR USING THIS PRODUCT, PLEASE READ THE TERMS AND CONDITIONS SET FORTH BELOW. YOUR PURCHASE OF THIS PRODUCT SHALL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Certain commercial entities and/or activities performed at commercial entities may require additional contract rights from ERS Genomics Limited which are not granted through the purchase of this product. For additional information please see www.ersgenomics.com/research-products.php.
In the event the purchaser has separately obtained a license from ERS Genomics to the CRISPR-Cas9 patent rights for the intended use of this product the terms of that license agreement shall control.
The purchaser receives a non-exclusive, non-transferable right to use the Product, Progeny (meaning any unmodified descendant form of the Product), Modifications (meaning any modifications of the Product) and Unmodified Derivatives (meaning any substances created by the purchaser which constitute an unmodified functional subunit or product expressed by the Product) for RESEARCH USE ONLY, which, subject to the exclusions below, includes use to discover and develop any product, including therapeutic products, which may then be sold to third parties, provided, however, that such products do not incorporate the Product, Progeny, Modifications, or Unmodified Derivatives.
No “Commercial Use” is allowed. Commercial Use means any and all uses of the Product, Progeny, Modifications or Unmodified Derivatives thereof, or any modified cells or organisms created through use of the foregoing, including but not limited to:
- Sale, whether or not such sale is limited for use in research;
- Provision of a service to a third party;
- Use in any diagnostic, preventative, or therapeutic application;
- Use in any veterinary, livestock or agricultural application;
- Use in later stage development of therapeutics, diagnostics, prophylactics (e.g., hit-to-lead, lead optimization); and
- Manufacturing of a product for sale.
For clarity, transfer of materials or provision of services by not for profit or academic core labs to their internal clients shall not constitute a Commercial Use.
Except for the rights granted herein, any and all rights to the Product, Progeny, Modifications or Unmodified Derivatives thereof, shall remain in TriLink. No ownership rights are transferred.
The purchaser shall have no right to assign the rights granted herein to third parties. The Product, Progeny, Modifications or Unmodified Derivatives thereof, must at all times remain in the possession of the purchaser, except for a transfer to a scientific collaborator or to a service provider, to perform services, solely on behalf of the purchaser.
Cy3B, GE Healthcare
This product or portions thereof is manufactured under license from Carnegie Mellon University under Patent US Numbers 6,133,445, 6,686,145, 7,408,062 and 7,964,361 and equivalent patents and patent applications in other countries.
Dithiol Linker, FRIZ Biochem
Dithiol modified oligonucleotide reagents are protected by patents owned by FRIZ Biochem and may be used for research purposes only.
G-Clamp (AP-dC), Ionis Pharmaceuticals, Inc.
This product is covered by patents or patents pending owned by Ionis Pharmaceuticals, Inc. ("Ionis"). Purchase of this product includes a limited license to use this product solely for internal research. This license specially excludes (and you have no right to use this product for): (a) therapeutic or diagnostic applications (including products or services that incorporate this product), (b) any in vivo toxicity/safety study in support of an investigational new drug application (or foreign counterpart), (c) resale (including sale of any products or services that incorporate this product) or (d) gene functionalization activities (including products or services that incorporate data derived from gene functionalization activities) if such activities have commercial application, any and all of which require a separate license from Ionis. Neither this product nor any product created through its use may be used in human clinical trials.
In the event you have a separate agreement with Ionis regarding this product which explicitly states that the foregoing is not applicable to you, your use of this product will be governed by the terms of such agreement. In no event does the limited license included with the purchase of this product expand or alter the scope of the license granted pursuant to such agreement.
IRDyes, LI-COR, Inc.
This product is licensed for sales only for research use. Notwithstanding the foregoing, this product may not be used in diagnostic, therapeutic or human in vivo applications. Commerical Use is prohibited.
Commercial Use shall include:
1. resales, lease, license or other transfer of the material or any material derived or produced from it.
2. resale, lease, license or other grant of rights to use this material or any material derived or produced from it
3. use of this material to perform services for a fee for third parties.
Commercial and other uses fo this product requires a license from LI-COR, Inc.
Molecular Beacons, PHRI
Molecular Beacons are sold under license from Public Health Research Inst. of New York. They may be used for research purposes only. No license is granted or implied with the purchase of this product. Neither TriLink BioTechnologies, LLC nor PHRI warrants this product beyond replacement cost for any reason.
Mutant GFP mRNA, Life Technologies, Inc.
These products are sold with a Limited Use Label License under sublicense with Life Technologies, Inc.
TINA, Anapa Biotech A/S
TINA Oligonucleotides are protected by patents pending. The TINA Oligonucleotides are made and sold for research purposes only under a patent license granted by Anapa Biotech A/S.
By accepting this License Note the Buyer accepts that the Buyer can only use the TINA Oligonucleotides for its own internal research purposes, especially excluding any commercial purposes and use.
Any commercial purpose or use of the TINA Oligonucleotides shall be subject to a prior written license agreement between the Buyer and Anapa Biotech A/S.
UnyLinker, Ionis Pharmaceuticals, Inc.
These materials and products incorporating them are covered by patents or patents pending owned by Ionis Pharmaceuticals, Inc. ("Ionis"). Purchase of product includes a limited license to use this material solely as an intermediary in the manufacture of any compound containing a plurality of linked nucleosides or analogs thereof ("Oligonucleotides"). This license specifically excludes (and you have no right to use this material or Oligonucleotides for) the making, using or selling of:
(A) except if you are OSI Pharmaceuticals, Inc. or its authorized licensees or successors in interest, any product containing OSI Pharmaceuticals, Inc.'s (successor in interest to Eyetech Pharmaceuticals, Inc.) EYE001 NX1838 nonantisense therapeutic product (or any product containing EYE001 NX1838) (also known as Macugen® [pegaptanib]), in each case (i) including any minor chemical modifications to EYE001 NX1838 and (ii) for the treatment of ophthalmic conditions; (B) except if you are Genzyme Corporation or its authorized licensees or successors in interest, any nucleic acid that hybridizes to a nucleic acid molecule encoding apoB; (C) except if you are OncoGenex Technologies Inc. or its authorized licensees or successors in interest, any compound or product that (x) acts predominately by hybridizing to Clusterin mRNA or pre-mRNA or (y) is designed to act by hybridizing to Clusterin mRNA or pre-mRNA; or (D) except if you are Eli Lilly and Company or its authorized licensees or successors in interest, any nucleic acid that hybridizes to a nucleic acid molecule encoding Survivin or eIF-4E.
ZNA, Polyplus Transfection S.A.
U.S. Patent 9,090,648.