Luminex xPONENT 3.1 Rev 2 - Manual (Page 5)

and Buyer receives no rights to such intellectual property rights by virtue of its purchase of
Product other than as expressly set forth herein. Buyer shall have no right to use any
trademarks owned or licensed to Luminex without the express written permission of Luminex.
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.
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