Luminex xPONENT 4.0 SP1 - Manual (Page 4)

ENTS" SPECIFICALLY EXCLUDES PATENT CLAIMS CONCEIVED AND REDUCED TO PRACTICE
BY BUYER CONSISTING OF METHODS OF SAMPLE PREPARATION, METHODS OF CONJU-
GATING PRODUCT TO ANALYTES, THE COMPOSITION OF MATTER OF THE SPECIFIC CHEM-
ISTRIES OF THE ASSAYS DEVELOPED BY BUYER AND METHODS OF PERFORMING THE
ASSAYS (I.E., THE PROTOCOL FOR THE ASSAY).
Buyer has the responsibility and hereby expressly assumes the risk to verify the hazards and to con-
duct any further research necessary to learn the hazards involved in using the Product. Buyer also
has the duty to warn Buyer's customers, employees, agents, assigns, officers, successors and any
auxiliary or third party personnel (such as freight handlers, etc.) of any and all risks involved in using
or handling the Product. Buyer agrees to comply with instructions, if any, furnished by Seller or
Luminex relating to the use of the Product and not misuse the Product in any manner. Buyer shall not
reverse engineer, decompile, disassemble or modify the Product. Buyer acknowledges that Luminex
retains ownership of all patents, trademarks, trade secrets and other proprietary rights relating to or
residing in the Product.
4. Buyer's Representations, Release and Indemnity - Buyer represents and warrants that it shall
use the Product in accordance with Paragraph 2, "Buyer's Use of Product," and that any such use of
Product will not violate any law, regulation, judicial order or injunction. Buyer agrees to release,
discharge, disclaim and renounce any and all claims, demands, actions, causes of action and/or suits
in law or equity, now existing or hereafter arising, whether known or unknown, against Seller and
Luminex, and their respective officers, directors, employees, agents, successors and assigns
(collectively the "Released Parties"), with respect to the use of the Product. Buyer agrees to
indemnify and hold harmless the Released Parties from and against any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney, accounting, expert witness, and
consulting fees) that any of the Released Parties may sustain or incur as a result of any claim against
such Released Party based upon negligence, breach of warranty, strict liability in tort, contract or any
other theory of law or equity arising out of, directly or indirectly, the use of the Product or by reason of
Buyer's failure to perform its obligations contained herein. Buyer shall fully cooperate with the
Released Parties in the investigation and determination of the cause of any accident involving the
Product which results in personal injury or property damage and shall make available to the Released
Parties all statements, reports, recordings and tests made by Buyer or made available to Buyer by
others.
5. Patent Disclaimer - Neither Seller nor Luminex warrants that the use or sale of the Product will not
infringe the claims of any United States or other patents covering the product itself or the use thereof
in combination with other products or in the operation of any process.