Terms, Limitations and Conditions

• By the submission and acceptance of a Purchase Order, the Client and Biolog agree to the following costs, terms, limitations, and conditions.
• As part of the payment, the user is granted a non-transferable, single-use license to all patents issued to Biolog covering PM technology.
• We will run your strain using standard protocols that we have found to work best. In testing your strain we will use our best judgement and use best efforts in performing the assays. However, we cannot guarantee any results. By sending us the strain you are agreeing to accept our results, terms, and conditions, and pay for this service regardless of the outcome. Some strains may be very difficult to test and may give meaningless results in some of the PM tests. Furthermore, results that we provide are likely to include phenotypes that are difficult to reproduce as well as phenotypes that are not reproducible. We strongly recommend that you independently verify any important phenotype that we report. We welcome and will take seriously any feedback that you can give us on the success or failure of our analysis. Our goal is to provide a useful service and useful results.
• The tests in the PM set may change over time as the technology is developed further and there may be differences as different manufacturing lots are produced and used. Data obtained at an earlier or later time may not be comparable to data from a current run.
• We reserve the right to not run any strain for any of a number of reasons.
• We will destroy the strain after it is tested and the results have been delivered.
• These services are subject to the Warranty stated below.

Warranty

Licensor (Biolog, Inc.) warrants and represents that all Services will be performed in a timely, expert and professional manner, in accordance with the highest industry standards.EXCEPT FOR THIS EXPRESS WARRANTY, THE SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. LICENSOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. LICENSOR DOES NOT MAKE, AND HEREBY FURTHER DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS OF THE SERVICES OR THE VALUE OF LICENSOR TECHNOLOGY. LICENSOR HEREBY DISCLAIMS THE ACCURACY OR COMPLETENESS OF ANY OF ITS INFORMATION DISCLOSED TO LICENSEE (SUBSCRIBING CLIENT) UNDER OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST PROFITS OR LOSS OF BUSINESS OPPORTUNITY) EVEN IF THE PARTY CLAIMING SUCH DAMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S AGGREGATE LIABILITY FOR ALL ACTIONS AND CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID TO LICENSOR BY LICENSEE PURSUANT TO THIS AGREEMENT. By the submission and acceptance of a Purchase Order, each party hereby acknowledges that the limitation of liabilities and disclaimers of warranty contained herein constitute an agreed upon allocation of risk between the parties, have been factored in to Licensor’s pricing of the Services, and are an essential element of the bargain between the parties.