Usage, Warranty and Licenses - Integrated DNA Technologies

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Usage, Warranty and Licenses
Usage
Usage, Warranty and Licenses
Research Purposes Only: Oligonucleotides and nucleic acid products ("IDT Products") are manufactured and sold by Integrated DNA Technologies, Inc. ("IDT") for
the purchaser's research purposes only. Unless pursuant to a separate, written agreement with IDT, IDT Products are not sold (and have not been approved) for use in
any clinical, diagnostic, or therapeutic applications. Obtaining any license(s) or other approvals necessary to use IDT Products in proprietary applications or in any nonresearch (e.g., clinical) applications is the purchaser's exclusive responsibility. IDT will not be responsible or liable for any losses, costs, expenses, or any other forms
of liability arising out of the unauthorized or unlicensed use of IDT Products. By using any IDT Product for any purpose, purchasers and users of IDT Products agree to
indemnify and hold IDT harmless for any and all damages and/or liability, however characterized, related to the unauthorized or unlicensed use of IDT Products. Under
no circumstances shall IDT be liable for any consequential damages resulting from any use (approved or otherwise) of IDT Products. No Resale: The sale or resale
of IDT Products by any person other than IDT is strictly prohibited without the express, written consent of IDT. IDT accepts all orders for and makes all sales of IDT
Products subject to the foregoing use restrictions and the purchaser's indemnification of IDT.
Warranty
IDT's products are guaranteed to meet or exceed IDT's published specifications for identity, purity, and yield as measured under normal laboratory conditions. If an
IDT Product fails to meet such specifications, IDT will promptly replace the product as purchaser's sole remedy for such failure. DISCLAIMER OF WARRANTIES – NO
OTHER WARRANTIES: IDT makes no warranty of any kind whatsoever other than the foregoing General Warranty. Specifically, but without limitation, IDT expressly
disclaims any implied warranties of merchantability or fitness for a particular purpose, and any warranty that IDT Products, or the use of IDT Products, will not infringe the
patents of one or more third-parties. IDT accepts all orders for and makes all sales of IDT Products subject to the foregoing disclaimers of warranties.
Licenses/Trademarks
Fluorescent Labeled Oligonucleotides
Alexa Fluor® / Texas Red® / Bodipy® / Rhodamine Red ™ and Rhodamine Green ™ are provided under an agreement between Molecular Probes, Inc (a wholly owned
subsidiary of Invitrogen Corporation), and Integrated DNA Technologies, and the manufacture, use, sale or import of this product may be subject to one or more U.S
patents, pending applications, and corresponding non-U.S. equivalents, owned by Molecular Probes, Inc. The purchase of this product conveys to the buyer the nontransferable right to use the purchased amount of the product and components of the product in research conducted by the buyer (whether the buyer is an academic
or for-profit entity). The buyer cannot sell or otherwise transfer (a) this product (b) its components or (c) materials made using this product o its components to a third
party or otherwise use this product or its components or materials made using this product or its components for Commercial Purposes. Commercial Purposes means
any activity by a party for consideration and may include, but is not limited to: (1) use of the product or its components in manufacturing; (2) use of the product or its
components to provide a service, information, or data; (3) use of the product or its components for therapeutic, diagnostic or prophylactic purposes; or (4) resale of
the product or its components, whether or not such product or its components are resold for use in research. For information on purchasing a license to this product for
any other use, contact Molecular Probes, Inc., Business Development, 29851 Willow Creek Road, Eugene, OR 97402, USA, Tel: (541)465-8300. Fax: (541) 3350504.
Black Hole Quenchers®, BHQ-1® and BHQ-2® are trademarks of Biosearch Technologies, Inc. (BTI), and all BHQ products are licensed and sold under agreement with
BTI. These products are sold exclusively for research and development use by the purchaser. They may not be used for any human or veterinary clinical or diagnostic
purposes without express permission from BTI and they may not be re-sold, distributed, re-labeled or re-packaged.
Cy® Dyes. Cy® and CyDye® are registered trademarks of GE Healthcare.
IRDye® 700 and IRDye® 800 are products manufactured under license from LI-COR® Biosciences, which expressly excludes the right to use this product in AFLP
applications.
IRDye 800 CW® is sold for research use only. Not for use in Diagnostic, Therapeutic or in human in-vivo applications. Not for commercial use. Other uses require a
license from Li-Cor, Inc. under patents and patents pending in particular US Patent No. 6,995,274.
LightCycler® is sold under license from Roche Diagnostics GmbH.
TYE™ Dyes are sold under license from Thermo Fisher Scientific (Milwaukee) LLC.
Well-Red® Dyes: IDT manufactured oligonucleotides incorporating Well-Red® Dyes are made and sold under license from Beckman Coulter Inc., (BCI) for use exclusively
with BCI instruments or BCI-approved instruments. All other uses are prohibited unless specifically and separately authorized by BCI.
Yakima Yellow®, Super G®, and Super T® are registered trademarks of Elitech Group and the respective modifications are sold under a licensing agreement with Elitech
Group for use in any application, including without limitation, all commercial and diagnostic applications. Use of this product is covered by one or more of the following
patents: U.S. 6,972,339; U.S. 7,112,684; U.S. 7,601,851; U.S. 8,569,516; U.S. 7,541,454; U.S. 7,671,218; U.S. 7,767,834; U.S. 8,008,522; U.S.
8,389,745; U.S. 8,163,910; JP 5,214,967.
Dual – Labeled Probes: NOTICE TO PURCHASER: DISCLAIMER OF LICENSE.
No license is conveyed with the purchase of this product under any of US Patents 5,994,056 and 6,171,785 and corresponding patents outside the United States,
or any other patents or patent applications, relating to the 5’Nuclease and dsDNA-Binding Dye Processes. For further information contact the Director of Licensing,
Applied Biosystems, 850 Lincoln Centre Drive, Foster City, California 94404, USA
Molecular Beacons are licensed under patents owned by The Public Health Research Institute of the City of New York, Inc. and come with licensed rights for use only
in the purchaser's research and development activities. A probe which has a hairpin (stem-and-loop) structure with a fluorophore, quencher, or other label on each arm
of the hairpin stem is a Molecular Beacon Probe and must be ordered as a Molecular Beacon Probe. No license is conveyed with the purchase of this product under
any of US Patents Nos. 5,994,056 and 6,171,785 and corresponding patents outside the United States, or any other patents or patent applications, relating to the
5’Nuclease and dsDNA-Binding Dye Processes. For further information contact the Director of Licensing, Applied Biosystems, 850 Lincoln Centre Drive, Foster City,
California 94404, USA.
Gene Knockdown
Chimeric Antisense Oligos In addition to the exclusive license under the University of Iowa Research Foundation patents, IDT is the sole oligonucleotide supplier
licensed under several patents owned or presently controlled by ISIS Pharmaceuticals, Inc. to manufacture and sell Chimeric Antisense Oligonucleotides to universities
and other non-profit institutions for research purposes. Certain design, sequence, scale and use restrictions may apply. IDT reserves the unlimited right to refuse any
order for Chimeric Antisense Oligos.
Locked Nucleic Acids (LNAs) IDT is licensed under patents and patent applications assigned to Exiqon A/S to sell oligonucleotides incorporating LNAs for research
purposes only. Resale of LNA-oligos and their use in humans or in therapeutic applications are all prohibited.
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Integrated DNA Technologies MBL 株式会社 (IDT-MBL KK) E-mail:oligo@mbl.co.jp
Usage, Warranty and Licenses
RNAi IDT's products are licensed under U.S. and international patent rights owned by the Carnegie Institution of Washington that cover RNA interference. These
products are accompanied by a limited non-exclusive worldwide license under the Carnegie Institution of Washington's patent rights for researchers at academic or other
not-for-profit institutions to use the products for non-profit research. However, use of dsRNA for RNA interference by for-profit organizations require a license from the
Carnegie Institution of Washington.
siRNA This product is licensed under European Patents 1144623, 121945 and foreign equivalents from Alnylam Pharmaceuticals, Inc., Cambridge, USA and is
provided only for use in academic and commercial research whose purpose is to elucidate gene function, including research to validate potential gene products and
pathways for drug discovery and development and to screen non-siRNA based compounds (but excluding the evaluation or characterization of this product as the
potential basis for a siRNA based drug) and not for any other commercial purposes. Information about licenses for commercial use (including discovery and development
of siRNA-based drugs) is available from Alnylam Pharmaceuticals, Inc., 300 Third Street, Cambridge MA 02142, USA.
DsiRNA Duplexes IDT is exclusively licensed under patents owned by the City of Hope and IDT to make and sell DsiRNA Duplex products for use in research and
development. Use of DsiRNA Duplex products or technology in humans or for human or veterinary diagnostic, prophylactic or therapeutic purposes requires a separate
license from City of Hope Medical Center.
Usage, Warranty and Licenses
UNA is the subject of patents owned by Arcturus Therapeutics Inc., and, other than the limited-use reagent for research use only rights set forth no right under any
other patent is granted by the purchase of this product, whether expressly, by implication or by estoppel; The product is not licensed, and the purchaser may not use
the product for manufacture, use or sale of RNA therapeutics; Should the purchaser wish to commercialize or distribute a therapeutic product containing or incorporating
UNA, the purchaser is responsible for obtaining the necessary license from Arcturus Therapeutics Inc.
CRISPR genome editing
This product is provided under a "Limited License" and is granted by Broad, MIT and Harvard (“Licensor”) and Integrated DNA Technologies, Inc. (“IDT) to the final
purchaser of the product (a "Limited Licensee") conveying to such Limited Licensee the nontransferable right to use the product purchased from IDT solely for research
conducted by such Limited Licensee in accordance with all of the following requirements: (i) the Limited Licensee shall not sell or otherwise transfer the product
(including without limitation any material that contains the product in whole or part) to any other person or entity, or use the product to perform services for the benefit
of any other person or entity, (ii) the Limited Licensee shall use only the purchased amount of the product and components of the product, for its internal research use
and expressly excluding (a) any clinical use, including without limitation, diagnostic and prognostic use, (b) any human, veterinary, livestock or agricultural use, or (c)
the manufacture, distribution, importation, exportation, transportation, sale, offer for sale, marketing, promotion or other exploitation or use of, or as a testing service,
therapeutic or diagnostic for humans or animals and not for any commercial purposes (“Field”), (iii) the Limited Licensee shall use the product in compliance with all
applicable laws and regulations, including without limitation applicable human health and animal welfare laws and regulations, (iv) Broad, MIT and Harvard shall provide
no warranties of any kind to the Limited Licensee (statutory or implied) concerning the Patent Rights, or any products, including without limitation, as to product quality,
condition, description, merchantability, fitness for a particular purpose, noninfringement of intellectual property rights or the absence of latent or other defects, and all
such warranties are hereby expressly disclaimed, (v) Broad, MIT and Harvard shall expressly disclaim any warranty regarding results obtained through the use of the
product, including without limitation any claim of inaccurate, invalid or incomplete results, (vi) Broad, MIT and Harvard, and their directors, trustees, officers, employees,
agents, faculty, affiliated investigators, and students, shall have no liability to the Limited Licensee, including, without limitation, for any loss of use or profits, business
interruption or any consequential, incidental, special or other indirect damages of any kind, regardless of how caused and regardless of whether an action in contract,
tort, strict product liability or otherwise, (vii) the Limited Licensee shall indemnify, defend and hold harmless the Licensor and IDT against any liability, damage, loss, or
expense (including without limitation reasonable attorneys' fees and expenses) incurred by or imposed upon any of the Licensor or IDT in connection with any claims,
suits, investigations, actions, demands or judgments arising out of or related to the exercise of any rights granted to the Limited Licensee under the Limited License
or any breach of the Limited License by such Limited Licensee and (viii) the product and its use may be the subject of one or more issued patents and/or pending
patent applications owned by Broad, MIT and Harvard and the purchase of the product does not convey a license under any claims in the foregoing patents or patent
applications directed to the product or use, production or commercialization thereof.
Other Disclaimers
Acrydite™ . IDT is licensed under U.S. Patent Number 6,180,770, and 5,932,711 to sell oligos incorporating Acrydite ™ modifications for use solely in the purchaser's
own life sciences research and development activities. Resale, or use of this product in clinical or diagnostic applications, or other commercial applications, requires
separate license from Matrix Technologies, Inc. Acrydite ™ is a trademark of Matrix Technologies, Inc.
ATTO ™ fluorescent dyes. Oligos purchased from IDT that are labeled with ATTO ™ fluorescent dyes are licensed under patents and other intellectual property owned by
ATTO-TEC GmbH for use in any application, including diagnostic and other commercial applications.
Click-Chemistry enabled, modified oligos are manufactured and sold under license from Baseclick GmbH, using Base-click's proprietary Click Chemistry. All such
modified products are sold by IDT for the end-user's internal research purposes only. See www.baseclick.org for further details.
Dithiol Modified Oligos, are protected by patents owned by FRIZ Biochem Gesellschaft für Bioanalytik mbH and may be used for research purposes only.
End-Blocked Oligos. This product is covered by US Patent No. 6,197,944 and sold under license from the University of Iowa Research Foundation for the customer's
internal research purposes only.
Iso dC and Iso dG. IDT is licensed by Eragen Biosciences, Inc., under United States Patent Numbers 5,432,272; 6,001,983; 6,037,120; and 6,140,496, and
other pending applications to sell oligonucleotides for non-commercial, research use in the life sciences research market.
RNaseAlert® compositions and methods are protected under U.S. Patent No. 6,773,885 and other pending IDT patent(s). RNaseAlert is a registered trademark of
Ambion, Inc.
StarFire® compositions and methods are protected under U.S. Patent No. 6,773,885 and other pending IDT patent(s).
Trademarks
IDT Trademarks
DNaseAlert ™ , Express DLP ™ , gBlocks®, Hot Plate®, I-Linker ™ , Iowa Black®, LabLinker®, Lockdown®, MAX ™ , Mini Gene ™ , Oligo Analyzer®, OligoCard®,
PrimerQuest®, PrimeTime®, Rapid HPLC ™ , Ready Made Primers ™ , SameDay®, SciTools®, StarFire®, TAO ™ , TEX ™ 613, TYE ™ , Ultramer®, xGen®, ZEN ™
Other Trademarks
SYBR® Green and RNaseAlert® are registered trademarks of Life Technologies, Inc.
TaqMan® is a registered trademark of Roche Molecular Systems that is licensed exclusively to Applied Biosystems Inc. for use in certain non-diagnostics field.
Uni-Link™ is a trademark of Clontech Laboratories, Inc.
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