Common use of Rights in the Libraries Clause in Contracts

Rights in the Libraries. Customer acknowledges and agrees that: (i) all intellectual property rights in the HPI Assay Library including any technical information, modifications or enhancements made by any party, vest exclusively in HPI or its successors or assignees; (ii) AVEVA HAS NO CONTROL OVER THE CONTENT OF, AND DOES NOT REVIEW, TEST OR APPROVE HPL ASSAY LIBRARY. ACCORDINGLY, AVEVA DOES NOT WARRANT THAT HPI ASSAY LIBRARY WILL BE BUG, DEFECT OR ERROR FREE OR THAT ITS OPERATION WILL NOT BE INTERRUPTED AND THE LICENSE OF ALL HPI ASSAY LIBRARY TO CUSTOMER IS ON AN “AS IS” BASIS. AVEVA EXCLUDES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IN RESPECT OF THE ADEQUACY, SUITABILITY, ACCURACY, COMPLETENESS OR FITNESS FOR PURPOSE OF HPI ASSAY LIBRARY, TO THE FULLEST EXTENT PERMITTED BY LAW; AND (iii) NEITHER AVEVA, HPI NOR ITS SUCCESSORS OR ASSIGNEES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL OR INDIRECT LOSSES, LOSS OF PROFIT OR INCOME AND THE LIKE) THAT CUSTOMER AND/OR ANY THIRD PARTY INCURS RESULTING FROM NEGLIGENCE OR ANY OTHER CAUSE ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF HPI ASSAY LIBRARY. IF THIS LIMITATION ON LIABILITY IS JUDGED UNREASONABLE BY A COURT OF COMPETENT JURISDICTION, THE LIMIT WILL BE INCREASED TO THE TOTAL SUMS PAID BY CUSTOMER TO AVEVA UNDER THIS AGREEMENT IN RESPECT OF THE HPI ASSAY LIBRARY.

Rights in the Libraries. Customer acknowledges and agrees that: (i) all intellectual property rights in the HPI Assay Library including any technical information, modifications or enhancements made by any party, vest exclusively in HPI or its successors or assignees; (ii) AVEVA HAS NO CONTROL OVER THE CONTENT OF, AND DOES NOT REVIEW, TEST OR APPROVE HPL HPI ASSAY LIBRARY. ACCORDINGLY, AVEVA DOES NOT WARRANT THAT HPI ASSAY LIBRARY WILL BE BUG, DEFECT OR ERROR FREE OR THAT ITS OPERATION WILL NOT BE INTERRUPTED AND THE LICENSE OF ALL HPI ASSAY LIBRARY TO CUSTOMER IS ON AN “AS IS” BASIS. AVEVA EXCLUDES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IN RESPECT OF THE ADEQUACY, SUITABILITY, ACCURACY, COMPLETENESS OR FITNESS FOR PURPOSE OF HPI ASSAY LIBRARY, TO THE FULLEST EXTENT PERMITTED BY LAW; AND (iii) NEITHER AVEVA, HPI NOR ITS SUCCESSORS OR ASSIGNEES SHALL WILL BE LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL OR INDIRECT LOSSES, LOSS OF PROFIT OR INCOME AND THE LIKE) THAT CUSTOMER AND/OR ANY THIRD PARTY INCURS RESULTING FROM NEGLIGENCE OR ANY OTHER CAUSE ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF HPI ASSAY LIBRARY. IF THIS LIMITATION ON LIABILITY IS JUDGED UNREASONABLE BY A COURT OF COMPETENT JURISDICTION, THE LIMIT WILL BE INCREASED TO THE TOTAL SUMS PAID BY CUSTOMER TO AVEVA UNDER THIS AGREEMENT IN RESPECT OF THE HPI ASSAY LIBRARY.