Luminex xPONENT 4.2 for FLEXMAP - Manual (Page 4)

hardware not provided by Luminex. If Product is purchased from a Luminex authorized
reseller, any warranty obligations shall be provided in writing directly by such Luminex
authorized reseller to Buyer. THIS WARRANTY IS EXCLUSIVE AND LUMINEX MAKES NO
OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. Seller's warranties made in connection with this sale
shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused
the Product in any manner, has failed to use the Product in accordance with industry
standards or practices, or has failed to use the Product in accordance with instructions, if any,
furnished by Seller.
BUYER'S EXCLUSIVE REMEDY WITH RESPECT TO PRODUCT PROVED TO SELLER'S
SATISFACTION TO BE DEFECTIVE OR NONCONFORMING, SHALL BE, REPAIR OR
REPLACEMENT OF SUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE
PURCHASE PRICE, IN SELLER'S SOLE DISCRETION, UPON THE RETURN OF SUCH
PRODUCTS IN ACCORDANCE WITH SELLER'S INSTRUCTIONS BELOW. NEITHER
SELLER NOR LUMINEX NOR ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND
RESULTING FROM ANY USE OR FAILURE OF THE PRODUCT, EVEN IF SELLER OR
LUMINEX OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF WORK IN
PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE
SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF
BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR
ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT,
INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL
INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEGLIGENCE.
In the event that Product is located outside of North America or the European Union and fails
to conform to the warranty set forth herein, during the warranty period: (i) Buyer shall notify
Luminex in a timely manner in writing that such Product failed to conform and shall furnish a
detailed explanation of any alleged nonconformity; (ii) Buyer, at its expense, will contact
either Luminex or a Luminex trained service engineer to assess the issue and identify the
defective FS-PART; and (iii) at Luminex's option and election, Buyer shall either return such
nonconforming Product to Luminex's manufacturing facility or destroy such Product and
provide Luminex with written certification of destruction. In the event that an FS-PART is
returned to Luminex's manufacturing facility, Luminex may analyze such FS-PART for
defects. In the event that Luminex determines that such FS-PART is not defective, the FS-
PART shall be shipped to Buyer and Buyer shall be responsible for the payment for such FS-
PART and related shipping charges. In the event that Luminex determines that such FS-
PART is defective, Luminex shall be responsible for the payment for such FS-PART and
related shipping charges. Except as expressly provided herein, Buyer shall not have the right
to return a Product to Luminex without Luminex's prior written consent.
3. Buyer's Use of Product
Buyer shall not use this Product for any commercial purpose, including without
limitation, performance of testing services, unless expressly agreed to in writing by
Luminex or as specifically authorized by Luminex through a Luminex distributor.
Buyer agrees that no rights or licenses under Luminex's patents shall be implied from the
sale of the Product, except as expressly provided herein or as specifically agreed to in writing
by Luminex, and Buyer does not receive any right under Luminex's patent rights hereunder.
Buyer acknowledges and agrees that the Product is sold and licensed only for use with
xPONENT ® for FLEXMAP 3D ®
iv