1. Limited Use License
The use of OEPS products by the user constitutes agreement with the terms of this Limited Use License.
All OEPS products are For Research Use Only and are to be used for Research Purposes only and for no other purpose (and they are not themselves the object of the research). The term “Research Purposes” means scientific research programs directly under the user’s control, which are specifically directed to the purposes of internal research and not for any Commercial Purpose.
The purchase and/or use of these products conveys to the user the non-transferable right to use the products and the components of the products in research conducted by the user. The user shall not sell or otherwise transfer these products or their components to any third party. User shall not use these products or their components for Commercial Purposes until it has obtained a proper license for this purpose. The term “Commercial Purposes” shall mean any activity by a party for consideration and may include, but is not limited to, use of the products or their components (i) to provide a service, information or data to a third party, (ii) for therapeutic, diagnostic, patient management or prophylactic purposes, (iii) for resale, whether or not such products or their components are resold for use in research, or (iv) in a quality control or quality assurance process for the manufacture of a product for sale.
1. a) Disclaimer of Warranties
The products are prototypes and are experimental in nature and should be used with prudence and appropriate caution as not all of the characteristics are known. The products are provided “as-is” and “as-available” without any express or implied warranties of any kind (including, but not limited to, any implied warranties of merchantability, non-infringement, title, accuracy, or fitness for a particular purpose, and any warranties arising from course of performance, course of dealing, course of conduct, or usage of trade) or conditions of any kind, whether expressed, implied, statutory or other. No opinion, advice or statement of the OEPS or its trustees, employees or agents should create any warranty. OEPS makes no warranty that the products will be accurate, current or reliable.
Where the exclusion of certain warranties or conditions is not allowed, as consequence, some of the above disclaimers may not apply to you.
The use of the product by the user constitutes user's understanding of the terms of this limited warranty.
1. b) Limitation of Liability
To the extent possible, in no event will OEPS be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Limited Use License or use of OEPS products, even if OEPS has been advised of the possibility of such losses, costs, expenses, or damages.
Where the limitation of liability for incidental or consequential damages are not allowed, as consequence, some of the above limitations may not apply to you; in such cases, the liability of OEPS shall be limited to the fullest extent permitted by law. Without limiting the effect of the preceding sentence, the maximum liability, if any, of OEPS, shall not exceed the purchase price of the product paid by the purchaser of the product.
The use of the product by the user constitutes user's understanding of the terms of this limited liability policy.