|  |   

Usage, Warranty and Licenses

Research Purposes Only: Oligonucleotides and nucleic acid products (“IDT Products”) are manufactured and sold by IDT for the customer's research purposes only. Except 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 non-research (e.g., clinical) applications is the customer's exclusive responsibility. IDT will not be responsible or liable for any losses, costs, expenses, or other forms of liability arising out of the unauthorized or unlicensed use of IDT Products. Purchasers of IDT Products shall 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. All orders accepted by IDT, and all sales of IDT Products, are made subject to the forgoing use restrictions and the customer’s indemnification of IDT.

IDT's products are guaranteed to meet or exceed our published specifications for identity, purity and yield as measured under normal laboratory conditions. If our product fails to meet such specifications, IDT will promptly replace the product. No other warranties: All other warranties are hereby expressly disclaimed, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and any warranty that the products, or the use of products, manufactured by IDT will not infringe the patents of one or more third-parties.

All orders received by IDT, and all sales of IDT products, are made subject to the forgoing disclaimers of warranties.

* 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 non-transferable 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) 335-0504.

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 and Cy™ -labeled oligonucleotides are covered by U.S. Patent Numbers 5,556,959 and 5,808,044 and are licensed and sold for non-commercial research purposes only. Any other use including diagnostic, therapeutic or in vivo applications requires a license from Amersham Biosciences, Inc. Cy™ is a trademark of Amersham Biosciences.

FAM™, HEX™, ROX™, TAMRA™ and TET™ are trademarks of Applied Biosystems, Inc.

Iowa Black™ , TYE™, MAX™, TEX™ 613 are trademarks of Integrated DNA Technologies, Inc.

IRDye® 700 and IRDye® 800 are products manufactured under license from LI-COR® Biosciences, which expressly excludes the right to use this product in qPCR or AFLP applications.

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.

PrimeTime™ qPCR Probes and Assays: NOTICE TO PURCHASER: LIMITED LICENSE

A license to perform the patented 5' Nuclease Process for research is obtained by the purchase of (i) both Licensed Probe and Authorized 5' Nuclease Core Kit, (ii) a Licensed 5' Nuclease Kit, or (iii) license rights from Applied Biosystems. This product contains Licensed Probe. Use of this product is covered by one or more of the following US patents and corresponding patent claims outside the US: 5,538,848, 5,723,591, 5,876,930, 6,030,787, 6,258,569, and 5,804,375 (claims 1-12 only). The purchase of this product includes a limited, non-transferable immunity from suit under the foregoing patent claims for using only this amount of product for the purchaser's own internal research. The right to use this product in the 5' Nuclease Process under the applicable claims of US Patents Nos. 5,210,015 and 5,487,972, and corresponding patent claims outside the United States, can be obtained through purchase of an Authorized 5' Nuclease Core Kit. Except under separate license rights available from Applied Biosystems, no right under any other patent claim, or to perform commercial services of any kind, including without limitation reporting the results of purchaser's activities for a fee or other commercial consideration, or to sublicense, repackage with other products, or resell in any form, is conveyed expressly, by implication, or by estoppel. This product is for research use only. Diagnostic uses under Roche patents require a separate license from Roche. Further information on purchasing licenses may be obtained from the Director of Licensing, Applied Biosystems, 850 Lincoln Centre Drive, Foster City, California 94404, USA

Dual – Labeled Probes: NOTICE TO PURCHASER: DISCLAIMER OF LICENSE No license is conveyed with the purchase of this product under any of US Patents Nos. 5,210,015, 5,487,972, 5,804,375, 5,994,056, 6,171,785, 6,214,979, 5,538,848, 5,723,591, 5,876,930, 6,030,787, and 6,258,569, 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. 5,210,015, 5,487,972, 5,804,375, 5,994,056, 6,171,785, 6,214,979, 5,538,848, 5,723,591, 5,876,930, 6,030,787, and 6,258,569, 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

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.

LightCycler®: Sold under licensed from Roche Diagnostics GmbH

* 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.

DNA-directed RNAi. Use of IDT oligos for DNA-Directed RNAi research is protected by patents co-owned by Benitec Australia Ltd., and licensed exclusively to Promega Corporation in the human field (excluding human therapeutics). For information regarding licensing of ddRNAi technology, please visit www.promega.com/licensing. For licensing any human therapeutic purpose, contact Benitec Australia Ltd at info@benitec.com.

Locked Nucleic Acids (LNAs). IDT is licensed under patents and patents 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.

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.

Dicector™ and TriFECTa™ are trademarks of IDT. IDT is exclusively licensed under patents owned by the City of Hope and IDT to make and sell Dicector™ products for use in research and development. Use of Dicector™ 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.

* Other Licenses

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.

Digoxigenin is licensed by Roche Diagnostics GmbH. The use of digoxigenin technology to label nucleic acids is licensed under patents (EP 0 324 474, US 5.344.757, US 5.702.888, US 5.354.657, JP 1999884 and HK 1169) owned by Roche Diagnostics GmbH. For further information on products to label and detect digoxigenin-modified nucleic acids refer to www.roche-applied-science.com/dig/.

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.  Plexor™ is a trademark of Promega Corporation.

RNaseAlert™ compositions and methods are protected under U.S. Patent No. 6,773,885 and other pending IDT patent(s). RNaseAlert™ is a trademark of Ambion, Inc.

Rapid HPLC™, Express DLP™, SameDay®, Hot Plate™, Ultramer™, Mini Gene™, and Ready Made Primers™, OligoCardTM , I-Linker™ , DNaseAlert™ are trademarks of Integrated DNA Technologies, Inc.

StarFire® is a trademark of IDT, and its compositions and methods are protected under pending IDT patent(s).

SAGE™ is a trademark of Genzyme Molecular Oncology. Purchase of IDT oligos does not confer to customer a license to perform SAGE™methods. For more information, contact Genzyme or Johns Hopkins University.

Uni-Link™ is a trademark of Clontech Laboratories, Inc.