This page is concerned with SPEX Forensics trademarks. Use of a SPEX Forensics registered trademark without prior permission from SPEX Forensics is strictly prohibited.
If any item in Seller’s products sold hereunder when used for their normal purposes are charged with an infringement of a United States patent issued on or before the date of this Agreement and if Purchaser has given prompt written notice of this charge, Seller at its option (a) shall obtain for Purchaser the right to use such item, free of charge, or (b) shall substitute for such item another equally suitable item, or (c) at Seller’s expense shall institute or defend any suit or legal proceeding which may arise as a result of such charge and in any such suit or legal proceeding shall satisfy any final award for such infringement. Seller’s obligations hereunder are subject to the conditions that the charged infringement not arise from the combination of the items furnished with other equipment or devices not furnished by Seller, or from modification or alteration of the equipment, or from the use of the equipment in the performance of any patented process. These provisions set forth Seller’s entire responsibility for any claim or charge of patent infringement against Purchaser.
The products sold are for Purchaser’s individual use and may not be copied or replicated. Purchaser shall be liable for all damages, including loss of anticipatory profits, incurred by Seller as a result of such conduct.
This Agreement and the rights and obligations of the parties hereunder shall in all respects be governed by the laws of the State of New Jersey. Each of Purchaser and Seller hereby irrevocably submits to the non-exclusive jurisdiction of any New Jersey State court or any Federal court located in the State of New Jersey as to any suit, action or proceeding arising out of or relating to this Agreement, and each also hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any suit, action or proceeding in any New Jersey State court or any Federal court located in the State of New Jersey may be made by certified or registered mail, return receipt requested, directed to Purchaser or to Seller, as the case may be, to the respective address indicated in this Agreement, and service so made shall be complete five (5) days after the same shall have been so mailed.
This Agreement contains the final and entire agreement between Seller and Purchaser and no understanding representations, agreements, modifications, alterations or additions shall be effective unless in writing signed by Seller and Purchase.