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Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GENMARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GENMARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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GenMark is actively engaged in research and development, leading to new, modified, and/or improved technology and products. It is our policy to seek patent protection for such technology and products in the United States and abroad. The eSensor® electrochemical detection technology and ePlex® sample-to-answer diagnostics technology are proprietary to GenMark and embodied in a significant number of U.S. and foreign patents and pending patent applications.
GenMark has secured a number of exclusive and nonexclusive licenses to third party technologies, e.g., electrowetting technology from Advanced Liquid Logic, Inc. (a wholly owned subsidiary of Illumina, Inc.), microfluidics technology from Caliper Technologies Corp. (a wholly owned subsidiary of PerkinElmer, Inc.), PCR-related technologies from Roche Molecular Systems, Inc. and Life Technologies Corp. (a wholly owned subsidiary of Thermo Fisher Scientific, Inc.), and various genetic content from the University of Michigan, Hospital for Sick Children, and ViroNovative B.V.
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All of GenMark Diagnostics, Inc. assays and reagents are exclusively intended to be used ex vivo and NOT in or on any human being or animal. Our products are subject to a limited license for use in the field of human in vitro diagnostics and research reasonably related thereto. Users are prohibited from using the products for any other applications, including in the field of forensics (e.g., human identification testing).
GenMark Diagnostics, Inc. assays and reagents may contain substances that are hazardous to work with, the known dangers of which are separately mentioned on the labels of the packages or in package inserts. Handling should be only as instructed and by qualified trained personnel.
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