Disclaimer

Strict adherence to our directions for use and validated production workflows (printer, washing, and post processing procedures), is required to achieve the mechanical properties and meet biocompatibility standards as tested in accordance with the methods identified and provided herein, and is required in order for you to be eligible to receive any warranties set forth herein.  You acknowledge and agree that the fabrication and processing of this product may have an impact on the mechanical properties and biocompatibility risks of a final finished product (“Finished Product”) such that additional testing of  Finished Product may be necessary and Finished Product may not meet the mechanical properties and biocompatibility standards identified herein.  When using this product to create a medical device regulated by the U.S. Food and Drug Administration or other similar governing authority {“Regulated Medical Device”), you acknowledge and agree that you are solely and entirely responsible for complying with all applicable laws, rules, and regulations in the relevant jurisdiction, including, without limitation, applicable premarket review requirements.  You acknowledge and agree that you expressly assume all risk related thereto and shall be solely and entirely responsible for any and all liability resulting from such use and shall indemnify, defend, and hold Henkel harmless from and against any loss, cost, expense (including without limitation reasonable attorneys’ fees and court costs), damage, and liability arising from such use.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HENKEL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCT USED FOR A REGULATED MEDICAL DEVICE, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.  YOU EXPRESSLY DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS, IF ANY, MADE BY HENKEL AND AGREE TO INDEMNIFY AND HOLD HENKEL HARMLESS FROM ANY CLAIM, ACTION, SUIT OR PROCEEDING ARISING OR RESULTING FROM USE IN A REGULATED MEDICAL DEVICE.  IN NO EVENT SHALL HENKEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATING TO USE IN A REGULATED MEDICAL DEVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HENKEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HENKEL DISCLAIMS ANY AND ALL LIABILITY RESULTING OR ARISING FROM USE IN A REGULATED MEDICAL DEVICE; BY USING THE PRODUCT FOR A REGULATED MEDICAL DEVICE, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL HENKEL BE LIABLE FOR ANY CLAIMS OR TO ANY PERSON OR ENTITY WHATSOEVER, INCLUDING CLAIMS OF YOU, YOUR CUSTOMERS OR OTHER THIRD PARTIES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER, AND HOWEVER ARISING, INCLUDING LOSS OF PRODUCT, ANY LOSS OF PROFIT OR REVENUES, LOSS OR INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF COVER, DOWNTIME COSTS, INCREASED OPERATING COSTS, IN EACH CASE WHETHER FROM ANY CLAIM FOR BREACH OF CONTRACT OR BY REASON OF ANY TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, WARRANTY OR OTHERWISE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HENKEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.