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Definitions. As used in this section, “kit” means the items described in this manual (the
“Manual”) and supplied by TwistDx to a purchaser (the “Recipient”). “Materials” means all
biological and chemical materials supplied as part of the kit. “Information” means all written
information supplied as part of the kit, information relating to the kit made available through
TwistDx’s website, and any verbal or written information concerning the kit or its use provided
by any employee or agent of TwistDx.
Limitations on Use and Distribution of the Material and Information
Recipient acknowledges and agrees that the Materials and Information are proprietary to
TwistDx, may be covered by claims of patents or patent applications owned by TwistDx or its
affiliates and are supplied subject to the following restrictions: The Materials and Information
are non-exclusively licensed to Recipient solely for non-commercial internal research pur
poses and for applications other than the sequential determination of the identity and relative
order of at least 200,000 total nucleotides in a single run on a sequencing apparatus. Any in
vitro diagnostic use of the Materials and Information or any use for diagnosing or monitoring
any medical condition in a human is expressly prohibited.
No Warranty; Limitation of Liability
Recipient understands and agrees that the materials are experimental in nature and that the
Materials and Information are provided without any warranty as to results, merchantability,
fitness for a particular purpose or non-infringement of any patent or other intellectual prop
erty right, and without any other representation, warranty or condition, express or implied.
TwistDx shall not be liable in connection with the Materials, Information or any breach of
this agreement under any contract, negligence, strict liability or other theory for (a) loss of
revenues, loss of profits, or loss or inaccuracy of data, including test results, regardless of how
such damages are characterised (b) for the cost (including procurement costs) of substitute
goods, services or technology, or (c) for any special, indirect, incidental or consequential dam
ages. In no event will TwistDx’s aggregate liability under this agreement exceed one hundred
dollars (US$100). Recipient understands that its use of the materials and/or the information in
connection with its activities are entirely