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Applied Biosystems Web Site Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, VISITING OR USING THIS WEB SITE, YOU, PERSONALLY AND ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AN AGENT OR AN EMPLOYEE WHEN ACTING IN SUCH CAPACITY, AGREE TO BE BOUND BY THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORISED TO BE SO BOUND. THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE THEREFORE ADVISED TO READ THESE TERMS OF USE REGULARLY. YOUR CONTINUED ACCESS AND USE OF THIS WEB SITE AFTER CHANGES TO THE PROVISIONS ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH PROVISIONS AS AMENDED. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS, VISIT NOR MAKE ANY USE OF THIS WEB SITE OR THE INFORMATION OR MATERIALS INCLUDED THEREIN.


1. Definition and general access rules

Applied Biosystems,LLC, or its affiliated entities and any contractors or consultants thereto (collectively "Applied Biosystems") is operating this Web site (the "Web site") to provide information, education and communication to the whole life science community, as well as to sell products and services to our customers. Our contact details are listed on the Web page "Contact us". Certain sections or pages of the Web site contain separate and/or additional terms and conditions, like our Privacy Policy and the Terms and Conditions of Sale through our Applied Biosystems Store. Those separate terms and conditions are in addition to the present Terms of Use, which govern your access and use of this Web site, any materials or information provided by you to Applied Biosystems and by Applied Biosystems to you on or from this Web site ("Materials") and any e-mail correspondence between us. In the event of a conflict, the separate and/or additional terms and conditions will prevail over the present Terms of Use for those sections or pages.


By accessing and using this Web site, you accept and agree to all of the terms and conditions ("Provisions") set forth below and all applicable international, national, federal, state and local laws and regulations. If you do not agree to these Terms of Use, please do not use this Web site. Applied Biosystems reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address or user to the Web site.


Unless otherwise expressly provided, Materials offered on this Web site do not constitute an offer or solicitation to conduct business in any jurisdiction. Persons accessing, visiting or using this Web site must satisfy themselves that the laws of their country allow them to access the information or must refrain from accessing, visiting and/or using the Web site accordingly.


Although Applied Biosystems may from time to time monitor and/or review discussion groups, chats, postings, transmissions, bulletin boards, and the like, if available at all, on the Web site, Applied Biosystems is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy in any information contained within, or infringement by, such locations on the Web site


You are prohibited from posting on or transmitting through the Web site any unlawful, indecent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or materials liable to incite racial hatred or in breach of confidence, in breach of privacy or for which you have not obtained all necessary licenses and/or approvals, or any material that could constitute or encourage conduct that would or may be considered a criminal offence, give rise to civil liability, or otherwise violate any law or regulation of, or infringe the rights of any third party under your respective laws. Applied Biosystems will fully cooperate with any law enforcement authorities or court order, when it is legally obliged to do so, requesting or directing Applied Biosystems to disclose the identity of anyone posting or transmitting any such information or materials.

If you are of the opinion that any unlawful materials are posted or transmitted through our Web site or in general available at our Web site, please contact Applied Biosystems at the address mentioned on the Web page "Contact us".


2. No warranties and limitation of liability

Not all products and services are available in all geographical areas. Your eligibility to receive any product or service may be subject to approval by Applied Biosystems or its relevant subsidiary or affiliate.


While Applied Biosystems makes reasonable efforts to provide accurate and timely Materials contained in this Web site, Applied Biosystems makes no warranties or representations as to the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the Materials included or referred to in this Web site or the reliability of its sources. There may or may not be technical inaccuracies or typographical errors contained in this Web site, and Applied Biosystems will correct such items at its sole discretion as they are discovered. Applied Biosystems has no liability and assumes no responsibility or liability, on whatever basis, for any errors or omissions in the content on this Web site, except when the damages were caused intentionally or due to gross negligence of Applied Biosystems.


Your use and access of the Web site is at your own risk. Applied Biosystems and any other party, or their directors, employees or agents, involved in creating, producing, or delivering the Web site will NOT be liable, on whatever basis, for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to, visit of or use of the Web site, even if Applied Biosystems was advised of the possibility of such damages, and whether arising in tort (including negligence), contract or otherwise. Nothing in these Terms of Use shall exclude or limit Applied Biosystems' liability for fraud or for any death or personal injury caused by any negligence caused on the part of Applied Biosystems or for loss or damages caused intentionally or due to gross negligence of Applied Biosystems. There is no warranty that your access to or use of this Web site will be uninterrupted or error free, or that any particular results may be obtained by use of this Web site.


Without limiting the foregoing, you recognize that use and access of this Web site is without warranty of any kind, and any Materials on this Web site are provided "as is". TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLIED BIOSYSTEMS EXPRESSLY EXCLUDES ALL REPRESENTATIONS, LIABILITIES, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE SKILL AND CARE) WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS OF USE, WHETHER BY STATUTE, LAW OR OTHERWISE.

Applied Biosystems also assumes no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Web site or your downloading of any Materials, images, content, data, video or audio files, etc., from the Web site or any web sites linked to or from this Web site.


3. Intellectual property rights

The Materials contained in this Web site are protected by Intellectual Property Rights ("IPRs"), which are claimed by Applied Biosystems, its affiliated entities or third parties. IPRs include, but are not limited to, any of Applied Biosystems', its affiliates or third parties patents, trademarks, trade names, inventions, copyrights, (registered and unregistered) design rights, databases, or know how and any other intellectual property relating to the Web site and the Materials.


The Materials may not be used (except as provided in these Provisions or in the text on the Web site) without the prior written permission of Applied Biosystems, its affiliated entities or the third party owner. Nothing contained on the Web site should be construed as granting you, your agents or employees any license or written permission to use the Materials or IPRs. Subject to the paragraph "Export Controls", you may, however, download Materials for non-commercial, personal use only, provided you also retain and do not alter any copyright and other proprietary rights notices contained on the Materials. Applied Biosystems does not authorize you to distribute, modify, transmit, reuse, report, decompile, reverse engineer or use the Materials and other contents of the Web site for public or commercial purposes, including the text, images, audio and video. Your unauthorized use of any IPRs, Materials or any other content on the Web site is strictly prohibited.


Applied Biosystems does not warrant or represent that your use of content or Materials contained in or displayed on this Web site will not infringe intellectual property or other rights of third parties not owned by or affiliated with Applied Biosystems.


Please be aware and advised that Applied Biosystems will aggressively enforce its IPRs to the fullest extent of the applicable law, including, where applicable, the seeking of criminal prosecution.


4. Export control

The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this Web site may be downloaded or otherwise exported in violation of these laws.


5. Linked Web sites

This Web site also contains links to Web sites published by third parties. Links to this Web site may also be included on third party web sites. Applied Biosystems has not reviewed all of the web sites linked to or from the Web site and is neither responsible nor liable for the contents of any off-Web site pages or any other non-Applied Biosystems web sites linked to or from the Web site. Applied Biosystems provides or allows such links as a convenience and does not endorse the companies or contents of any linked sites. By creating a link to a third party web site or by being a target of a link from a third party Web site, Applied Biosystems does not endorse or recommend any products or services offered on that third party web site nor does Applied Biosystems identify with the content of such Web sites. Neither does Applied Biosystems express any implied or explicit appreciation as to the accuracy and / or reliability of the information to be found, directly or indirectly, on any third party web site or as to the reliability and / or honorableness of any third party. Your linking to or from any other off-Web site pages or other Web sites is at your own risk.


If you are of the opinion that a linked Web site does contain any unlawful or illegal content, please contact Applied Biosystems at the address mentioned on the Web page "Contact us".


6. Unauthorized access or modification

Access to and use of password protected and/or secure information areas of the Web site is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Web site may be subject to prosecution in addition to any other remedy available to Applied Biosystems at law or equity, including the suspension or termination of access to this Web site. You, personally, may not, nor shall you assist others, add, alter, substitute, amend or frame in whole or in part any information displayed by Applied Biosystems on the Web site or any functions performed by the Web site. You may set up links from other web sites to the home page of this Web site. However, you must first obtain the prior written consent of Applied Biosystems to set up links to any other pages within this Web site, whether by hypertext linking, deep linking, framing, tagging or otherwise.


7. Termination and indemnification

You agree that Applied Biosystems may terminate your access to and use of the Web site at any time, without prior notice, if it considers you to have violated any of these Provisions or any applicable law or regulation. You agree to indemnify, defend and hold harmless Applied Biosystems, its officers, directors, employees, agents, contractors, licensors, suppliers and any third party information providers to the Web site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Provisions or Applied Biosystems' termination of your access to or use of this Web site. Termination will not affect either party's rights or obligations, which accrued before the termination.


8. Severability and changes

In the event any of the Provisions would be held to be unenforceable, the remaining Provisions shall remain in full force and effect and the unenforceable Provision shall be replaced by such enforceable Provision as comes closest to the intention underlying the unenforceable Provision.


9. Miscellaneous

Applied Biosystems' failure to insist upon or enforce strict performance of any Provision herein shall not be construed as a waiver of any Provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any Provision herein. Applied Biosystems may assign its rights and duties under these Terms of Use to any party at any time without notice to you.


10. Governing law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, United States of America. Any legal action concerning these Terms of Use or this Web site must be brought within one (1) year after the claim or cause of action arises and must be brought in the Northern District of the State of California, without prejudice to Applied Biosystems' or the Web site user's right to bring suit before a court of competent jurisdiction.