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Molecular Devices

WEBSITE TERMS OF USE

Last revised:  September 29, 2011.

These terms and conditions of use ("Terms of Use") govern your use of this website (the "Site").  Compliance with these Terms of Use is a condition to your use of the Site.  If you do not agree to be bound by the Terms of Use, promptly exit this Site.  Please also consult our Online Privacy Policy at http://www.moleculardevices.com/Privacy.html for a description of our privacy practices and policies with respect to information collected by or submitted on the Site.

1.       Ownership Of The Site

All pages within this Site and any material made available for download are the sole and exclusive property of Molecular Devices, LLC. ("MD" or the "Company").  The Site is protected by United States and international copyright and trademark law.  While certain content on the Site is intended to be available for your download and use, the contents of the Site, including without limitation any protocols, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the "Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, unless in conformance with these Terms.  You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of  the Company without our express written consent.

2.       Accuracy and Integrity of Information

Although MD attempts to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon, especially with regard to Content that has been submitted or uploaded by users.  It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform us so that the inaccuracy can be corrected.  Any information contained on the Site may be changed or updated without notice.  Additionally, the Company has no responsibility or liability for information or Content posted by any user of or visitor to the Site.

3.       Access to Site

In order to be eligible to access the Site and Content therein, you must meet the following criteria and make the following representations:  (1) you are at least 18 years old; (2) you are not otherwise prohibited from accessing the Protected Areas; (3) you have the proper authority to enter into these Terms of Use; (4) agreeing with these Terms of Use will not interfere with or violate any other agreement or contract to which you are a party; and (5) you will not violate any of the CompanyÕs rights, including the CompanyÕs intellectual property rights.

In the event access to the Site, or any portion thereof, is limited by requiring a user ID and password ("Protected Areas"), you agree to access such Protected Areas using only your own user ID and password that you have selected or as provided to you by MD.  You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party.  You also agree to not use any other user ID or password that the Company assigned to a third party.  Your access to the Site may be revoked by the Company at any time, with or without cause.  You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by the Company that arise out of your use of or access to the Site, or any breach of these Terms of Use.

4.       Submissions / Uploads to the Site

You own the information that you upload to the Site under these Terms of Use, and may request its deletion at any time, unless you have shared the information or content with others and they have not deleted it, or it was copied and stored by other users of the Site.  If you submit or upload any information or files to the Site ("Submissions"), you agree not to do any of the following: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity; (3) post or transmit a virus or any other harmful component; or (4) contact other users of the Site through unsolicited e-mail, telephone calls, mailings or any other method of communication.  

MD shall have the irrevocable license and right to use Submissions for its legitimate business purposes including making such Submissions available on the Site to other users for their use without any further authorization from or attribution to You.  You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.  You agree to defend, indemnify and hold the Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of any Submissions you post or allow to posted to the Site.

If you choose to download and use or redistribute protocols or any other available Submissions, you are not obliged to obtain further permission from the Site or to provide attribution to either the original submitter or to the Site. Your use of any Submissions, though, is subject to these Terms.

5.       Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

The Company respects the intellectual property rights of others and expects the SiteÕs users to do the same.  In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to the CompanyÕs Designated Copyright Agent (as identified below).

Notices of Alleged Infringement for Content Made Available Through the Company Site

            If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements:

1.  Identify the copyrighted works that you claim have been infringed.

2.  Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3.  Provide your mailing address, telephone number, and, if available, email address.

4.  Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5.  Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Attn: Legal Department

Molecular Devices, LLC.

1311 Orleans Drive

Sunnyvale, CA 94089

            Counter Notices

            A poster of allegedly infringing material may make a counter notice pursuant to the DMCA (a "Counter Notice").  When the Company receives a Counter Notice, it may reinstate the material in question.  To provide a Counter Notice to us, please provide the following information to our Designated Copyright Agent.

1.  Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled.

2.  A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."

3.  Your name, address, telephone number and, if available, email address.

4.  A statement as follows: "I hereby consent to the jurisdiction in the state or federal courts located in Santa Clara County, California, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person."

5.  Provide your full legal name and your electronic or physical signature.

The Counter Notice should be delivered to the address above.

6.       Disclaimer of Warranties

THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.  THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.  THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE.  THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.  THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING.  YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

7.       Limitation of Liability Regarding Use of Site

THE COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

8.       Links to Other Sites

The Company makes no representations whatsoever about any other third party websites that you may access through this Site.  When you access any non-Company site, please understand that it is independent from the Company, and that Company has no control over the Content on that website.  In addition, a hyperlink to a non-Company website does not mean that the Company endorses or accepts any responsibility for the Content or the use of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

9.       Revisions; General

The Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.  In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.  These Terms of Use constitute the entire agreement between the Company and you pertaining to the subject matter hereof.  In its sole discretion, the Company may from time-to-time revise these Terms of Use by updating this posting.  You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.  In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Santa Clara County, California in accordance with California law.