QuARTS, COLOGUARD, EXACT, BE SEEN GET SCREENED, and GET. GO. GONE. are trademarks of Exact Sciences Corporation. MicroAmp® and Applied Biosystems® are registered trademarks of Life Technologies Corporation (Thermo Fisher Scientific). Microlab® is a registered trademark of Hamilton Robotics. ELx808TM is a trademark of BioTek® Instruments Inc. Titer Tops® is a registered trademark of Diversified Biotech. Parafilm® is a registered trademark of Pecheney Plastic Packaging.
The Cologuard® test and its use are covered by one or more of the following patents, associated pending patent applications, or non-U.S. international equivalents: U.S. 6,268,136, 6,406,857, 6,551,777, 8,361,720, 8,673,555, 8,715,937, 8,722,330, 8,916,344, 8,980,107, 8,993,341, 8,999,176, 9,000,146, 9,024,006, 9,057,098, 9,121,070, 9,121,071, 9,127,318, 9,163,278, 9,169,511, 9,211,112, 9,212,392, 9,290,797, 9,315,853, 9,376,721, and 9,399,800. This product and its use are also covered by patents pending in the U.S. and around the world.
Dye compounds in the Cologuard® test are sold under license from Biosearch Technologies, Inc. and may be protected by U.S. and world-wide patents or patent applications. The license covers human in vitro diagnostic (IVD) applications and monitoring of treatment effectiveness.
The purchase of the Cologuard® test grants the purchaser rights under certain Hologic patents to use it solely for providing human in vitro diagnostic services. No general patent or other license of any kind other than this specific right of use from purchase are granted.
Purchase of the Cologuard® test from Exact Sciences Corporation or its authorized distributor includes a limited, non-exclusive license under patent rights held by Exact Sciences. Acquisition of the product constitutes acceptance by the recipient of this limited license. Recipients unwilling to accept the limited license must return the product for a full refund. Such license is solely for the purposes of using the product as described in product instructions provided with the product. For avoidance of doubt, the foregoing license does not include a license to reuse the product or use the product for product research or development, product manufacture, any reverse-engineering purposes, providing services to others, or any medical or non-medical uses not expressly described in the product instructions provided with the product. The purchaser of the product is not authorized to transfer or sell the product to any third party for any purpose without the express written consent of Exact Sciences Corporation. The purchase of the product does not provide any rights to use any other product or service of Exact Sciences Corporation. Except as expressly provided in this paragraph, no other license is granted expressly, impliedly, or by estoppel.
For information concerning availability of additional licenses to practice the patent methodologies, contact:
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Exact Sciences Corporation warrants that this product will meet the specification stated on the product information sheet. If any component of this product does not conform to these specification, Exact Sciences Corporation will at its sole and exclusive remedy, replace the product at no charge or refund the cost of the product; provided that notice of nonconformance is given to Exact Sciences Corporation within sixty (60) days of receipt of the product.
This warranty limits Exact Sciences Corporation liability to the replacement of this product or refund of the cost of the product. NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE PROVIDED BY EXACT SCIENCES CORPORATION. Exact Sciences Corporation shall have no liability for any direct, indirect, consequential or incidental damages arising out of the use, the results of the use or the inability to use this product and its components.
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