(1) Luxel Corporation hereby grants the End User of GridTape a license to use GridTape solely for its own non-clinical research. No license is granted for the resale or transfer of GridTape to a third party or the use of GridTape other than for non-clinical research.
(2) GridTape shall only be used by End User for its own non-clinical research, in compliance with all applicable laws and regulations, including, without limitation, applicable human health and animal welfare laws and regulations. End User agrees that GridTape: (a) has not been approved for use in humans by the U.S. Food and Drug Administration or any other regulatory body and may not be used in humans, (b) will only be used by End User for its own non-clinical research and for no other purpose, and that End User will not sell or otherwise transfer GridTape to any third party, (b) is experimental in nature and must be used with prudence and caution, since not all of its characteristics are known, (c) is provided without warranty of merchantability or fitness for a particular purpose or any other warranty. End User shall not, and shall not allow any third party to, use GridTape, directly indirectly, for any purpose other than for non-clinical research, without a license from Harvard. Except to the extent prohibited by applicable law, End User shall indemnify, defend and hold harmless Luxel Corporation and President and Fellows of Harvard College (Harvard University) from and against all damages, losses, expenses (including reasonable attorneys’ fees), claims, demands, suits and other actions in any way arising from End User’s use, storage or disposal of GridTape, or transfer of information or materials made through the use of GridTape.
If End User wishes to use GridTape in any manner other than as permitted under this End User License,, End User may contact Harvard University’s Office of Technology Development at 1350 Massachusetts Avenue, Richard A. and Susan F. Smith Campus Center, Suite 727, Cambridge, Massachusetts 02138, 617-495-3067.