Formulation Disclaimer

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This formula is distributed by Calumet Refining, LLC (“Calumet”), only for the purpose of promoting the use of mineral oil, petrolatum, Synergel®, Versastique™ and/or Versagel® as components of secondary finished products that are manufactured by Customers of Calumet and for no other purpose.  The formula is provided for informational purposes only and should not be relied upon by the Customer for any purpose.  All formulations, including the formula set forth above, should be thoroughly researched by the Customer prior to use, including the potential for causing irritation, allergic reaction and toxicological testing.  CALUMET MAKES NO, AND HAS NOT MADE ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING:  (1) THE SAFETY OF THE FORMULA OR ANY PRODUCT(S) RESULTING FROM USE OF THE FORMULA (“RESULTING PRODUCT”); (2) THE EFFECTIVENESS OF THE FORMULA OR ANY RESULTING PRODUCT; (3) THE FORMULA’S OR ANY RESULTING PRODUCT’S COMPLIANCE WITH ANY LAW OR REGULATION; OR (4) THE FORMULA’S OR ANY RESULTING PRODUCT’S APPROVAL BY ANY STATE OR FEDERAL AGENCY.  It is customer’s responsibility to determine whether any part or the whole of the formula or any part or whole of any Resulting Product infringes any patent, trademark or other intellectual property rights, and has full regulatory compliance.  CALUMET EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AND HAS MADE NO REPRESENTATIONS OR WARRANTIES THAT THE FORMULA OR ANY RESULTING PRODUCT DOES NOT INFRINGE, IN WHOLE OR IN PART, ANY PATENTS, TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS.  CALUMET EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE USE OF THIS FORMULA OR THE MANUFACTURE, SALE, DISTRIBUTION OR USE, DIRECT OR INDIRECT, OF ANY RESULTING PRODUCT.   CALUMET EXPRESSLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY FOR PARTICULAR USE AS APPLIED TO THE FORMULA OR ANY RESULTING PRODUCT.  Nothing contained herein is to be construed as granting permission or making any recommendation to use any patent or other intellectual property rights owned by Calumet or any other company or individual.  The use of the foregoing formula shall constitute a waiver and release of Calumet of any infringement violation or alleged infringement violation, whether direct or claimed to be through contribution or inducement, of any patent or other intellectual property rights relative to the formula or any Resulting Product.  IN NO EVENT SHALL CALUMET BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ALLEGED TO RESULT FROM ANY EXPLOITATION OR USE OF THE FORMULA OR ANY RESULTING PRODUCT, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES, AND CALUMET’S LIABILITY TO CUSTOMER, IF ANY, SHALL BE LIMITED TO ANY CONSIDERATION CALUMET RECEIVED FROM CUSTOMER IN CONNECTION WITH THE FORMULA.  CALUMET DISCLAIMS ANY LIABILITY UNDER ANY STATE’S STRICT LIABILITY LAW.  To the extent any portion of this paragraph is deemed unenforceable under applicable law, that portion shall be stricken without affecting the enforceability of the remaining provisions above.  Any lawsuit brought against Calumet by Customer shall be brought exclusively in Marion County, Indiana and for any such suit Customer consents to the jurisdiction of the courts in Indiana.  This disclaimer shall be governed by Indiana law.