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value or construction of any patent of the Licensed Materials or part thereof, or (ii) alleges unfair competition or patent
misuse involving the Licensed Materials. In the event User or any of its affiliates actively participates as an adverse
party in, or otherwise provides material support to, any such action, unless all claims of all Licensed Materials involved
in the action have been declared invalid, User shall pay all of QIAGEN's costs associated with the action, including
without limitation travel and attorney's fees.
d. Copyright. All content included in or made available through any QIAGEN Software, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and software is the property of QIAGEN or its
content suppliers and protected by United States and international copyright laws. The compilation of all content
included in or made available through any QIAGEN Software is the exclusive property of QIAGEN and protected by
U.S. and international copyright laws.
e. Trademarks. Any, graphics, logos, page headers, button icons, scripts, and service names included in or made
available through any QIAGEN Software are trademarks or trade dress of QIAGEN. QIAGEN's trademarks and trade
dress may not be used in connection with any product or service that is not QIAGEN's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or discredits QIAGEN. All other trademarks not
owned by QIAGEN that appear in any QIAGEN Software are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by QIAGEN.
f. Patents. One or more patents owned by QIAGEN apply to QIAcuityDx and to the features and services accessible via
QIAcuityDx. Portions of the QIAcuityDx operate under license of one or more patents.
Nothing in this agreement shall obligate QIAGEN to provide any support for the Software. QIAGEN may, but shall be
under no obligation to, correct any defects in the Software and/or provide updates to licensees of the Software. User shall
make reasonable efforts to promptly report to QIAGEN any defects you find in the Software, as an aid to creating
improved revisions of the Software, if User has purchased support services for the QIAcuityDx equipment as identified in
the relevant Ordering Document, then User shall be entitled to the QIAGEN support purchased for Software during the
relevant support hours of operation.
QIAGEN and User each agree to retain in confidence all non-public information disclosed pursuant to this Agreement that
is designated as proprietary and/or confidential (the "Confidential Information"). Notwithstanding the foregoing, all
Licensed Materials and the results of any evaluations or testing of Software by User shall constitute trade secrets and
Confidential Information of QIAGEN without need for any marking or designation. Each party to this Agreement agrees to:
(i) preserve and protect the confidentiality of the other party's Confidential Information; (ii) refrain from using the other
party's Confidential Information except as expressly permitted herein; and (iii) not disclose such Confidential Information to
any third party except to its employees or agents who are reasonably required to exercise its rights or perform its
obligations under this Agreement and provided such third party is subject to restrictions which are at least as restrictive as
the restrictions outlined in this Agreement. Notwithstanding the above, Confidential Information shall not include
information that: (x) has become publicly known and made generally available other than through any act or omission of
the receiving party; (y) was already or becomes known by the receiving party from a third party who was not under a duty
of confidential restriction as to use or disclosure; or (z) was independently developed by the receiving party as evidenced
by appropriate records. Either party may disclose Confidential Information without violating this Section 7 to the limited
extent required to comply with law or regulation, provided that the party required to disclose the Confidential Information
provides prompt advance notice to enable the other party to seek a protective order or otherwise prevent such disclosure.
Manuel d'utilisation du système QIAcuityDx | 07/2024
6. Support
7. Confidentiality
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