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QIAGEN AND ITS SUPPLIERS PROVIDE THE LICENSED MATERIALS AND ANY SERVICES PROVIDED IN CONNECTION
HEREWITH "AS IS" AND MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF
PERFORMANCE, DEALING, USAGE OR TRADE, WITH RESPECT TO LICENSED MATERIALS, SERVICES DELIVERED
HEREUNDER OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE,
AVAILABILITY, RELIABILITY, USEFULNESS, DATA ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER QIAGEN NOR ANY OF ITS SUPPLIERS WARRANTS THAT
THE LICENSED MATERIALS OR ANY PART THEREOF OR SERVICES DELIVERED HEREUNDER WILL MEET USER'S
REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL
BE CORRECTED.
QIAGEN'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT QIAGEN'S OPTION, EITHER (A) RETURN OF
THE PRICE PAID OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET QIAGEN'S LIMITED
WARRANTY AND THAT IS RETURNED TO QIAGEN WITH A COPY OF YOUR RECEIPT. THIS LIMITED WARRANTY IS
VOID IF FAILURE OF SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION. ANY REPLACEMENT
OF SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30)
DAYS, WHICHEVER IS LONGER. THE ABOVE RESTRICTIONS OF LIABILITY SHALL NOT APPLY IN CASES OF PERSONAL
INJURY OR ANY DAMAGE RESULTING FROM WILLFUL ACTS OR GROSS NEGLIGENCE. IN NO EVENT SHALL EITHER
PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
TECHNOLOGY OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR
UNDER THIS AGREEMENT OR FOR BREACH OF THIS AGREEMENT OR IN CONNECTION WITH THE PROVISION OF
ACCESS TO ANY PRODUCTS OR ANY SERVICES HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE
AMOUNTS PAID TO QIAGEN BY USER (AND IN THE CASE OF USER'S LIABILITY ANY AMOUNTS PAID OR DUE) IN
CONNECTION WITH THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY FEES DUE TO
QIAGEN HEREUNDER OR ANY BREACH OF SECTIONS 2 (RIGHTS OF ACCESS AND USE), 3 (USER RESTRICTIONS,
OBLIGATIONS AND LIMITATIONS) OR 7 (CONFIDENTIALITY), OR EITHER PARTY'S INDEMNIFICATION OBLIGATIONS
UNDER SECTION 10. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF A PARTY IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 9, QIAGEN IS ALSO NOT
LIABLE FOR ACTS OF SIMPLE NEGLIGENCE (UNLESS THEY CAUSE INJURIES TO OR DEATH OF ANY PERSON), EXCEPT
WHEN
THEY
ARE
(VERTRAGSWESENTLICHE PFLICHTEN).
a. User as indemnitor will indemnify, defend and hold harmless QIAGEN, its directors, officers, employees and
representatives as indemnitees from and against any and all third-party losses, damages, liability, costs and expenses
awarded by a court or agreed upon in settlement, as well as all reasonable and related attorneys' fees and court costs,
arising out of any third party claim alleging that User's use of the Software in violation of this Agreement violates,
infringes, misappropriates third party right or violates applicable laws.
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8. Warranty Disclaimer; User Acknowledgement
9. Limitation of Liability
CAUSED
BY
A
BREACH
OF
ANY
SUBSTANTIAL
10. Indemnification
CONTRACTUAL
Manuel d'utilisation du système QIAcuityDx | 07/2024
OBLIGATIONS
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