PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Agena Bioscience may modify this Website and the rules and regulations governing its use, at any time. Modifications may be posted on the Website. By continuing use of the Website after such changes are made you will be accepting such changes.
This content of the website is intended to be a general information resource in regard to the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted on this page. Agena Bioscience is not engaged in rendering medical or other professional services or advice via this Website, and the information provided is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Agena Bioscience’s publication of this content as an endorsement by Agena Bioscience of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
- Scope of Use
- No Warranties
- Limitation of Liability
- Patent Information
- User Submissions
- Location and Governing Law
- Violations and Additional Policies
- Safe Harbor
Definitions. All definitions below or elsewhere in this Terms and Conditions of Use apply to both their singular and plural forms, as the context may require. The following terms as used in this Terms and Conditions of Use will have the meanings set forth below: “Assays” mean those certain assays, and information related thereto, pertaining to nucleic acid or other biological molecule analysis that are included in the Website.
“Assays” mean those certain assays, and information related thereto, pertaining to nucleic acid or other biological molecule analysis that are included in the Website.
“Authorized User” means an employee or student, as applicable, working under the direction of a Customer who has a need to access the Website as a part of such employee’s (or student’s) duties for Customer.
“Customer” means a person or organization that has or will purchase assay designs/assay design services from Agena Bioscience.
“Database” means: (i) an Assay database; (ii) the information contained therein, including, without limitation, the Assays; and (iii) any associated software made available via the Internet or otherwise by Agena Bioscience for use by Customer or its Authorized Users under the terms of this Agreement, each of which may be modified from time to time by Agena Bioscience in its sole discretion to, among other things, add or delete data or other information.
“Intellectual Property Rights” collectively means any and all patents (including all reissues, extensions, confirmations, registrations, reexaminations and inventor’s certificates), patent applications (including all substitutions, continuations, continuations-in-part and divisionals), business processes, copyrights, data rights, trademarks, trade names, service marks, service names, trade secrets, mask works, moral rights, know-how or any other similar right arising or enforceable under the laws of any country or international treaty regime.
“Query Information” means the data or other information entered by an Authorized User into the Website.
1. Scope of Use/Rights to Website: Agena Bioscience will allow you to view, use and download a single copy of this Website for your informational, non-commercial use. Except as otherwise provided herein, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Agena Bioscience. You understand that Agena Bioscience may discontinue, change, or restrict your use of this Website for any reason without notice. Agena Bioscience or its licensors retain and are the sole and exclusive owners of all worldwide right, title and interest in and to this Website and its included software. No right or license under any Intellectual Property Rights of Agena Bioscience is granted hereunder or pursuant to the Website whether by estoppel, implication, or otherwise.
2. No Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION YOU ACCESS OR RECEIVE FROM AGENA BIOSCIENCE HEREUNDER IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. AGENA BIOSCIENCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT, RELATED TO THIS WEBSITE, ITS PERFORMANCE, ANY GOODS PRODUCTS OR SERVICE YOU PURCHASE VIA THE WEBSITE, EXCEPT AS MAY OTHERWISE EXPRESSLY BE PROVIDED FOR IN A SEPARATE WRITING BY AGENA BIOSCIENCE WITH RESPECT TO A SPECIFIC GOOD, PRODUCT OR SERVICE, OR INFORMATION YOU ACCESS OR RECEIVE FROM AGENA BIOSCIENCE. AGENA BIOSCIENCE DOES NOT WARRANT THAT USE OF THIS WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR VIRUS-FREE. TO THE EXTENT AGENA BIOSCIENCE MAY NOT AS A MATTER OF LAW DISCLAIM ANY WARRANTY, THE PARTIES AGREE THAT THE SCOPE AND DURATION OF ANY SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
3. Limitation of Liability: YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. AGENA BIOSCIENCE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF AGENA BIOSCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
Indemnification. You agree to defend, indemnify and hold harmless Agena Bioscience, its employees, directors, agents and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including, without limitation, reasonable attorneys’ fees, which arise out of or relate to your breach of any term or condition of these Terms and Conditions or any use of any information, goods, or products accessed or provided to you hereunder.
4. Trademarks Unauthorized use of any Agena Bioscience trademark, service mark or logo may be a violation of federal and state trademark laws. EpiTYPER ®, iPLEX ®, iSEQ ®, LungCarta ®, MassARRAY ®, MassEXTEND ®, SpectroCHIP ®, OncoCarta ™, OncoFOCUS ™, UltraSEEK ™, MassCLEAVE ™, MelaCarta ™, LungFUSION ™, Hemo ID ™, and Agena Bioscience ™, and are trademarks of Agena Bioscience, Inc. and its subsidiaries. All other trademarks and service marks are the property of their respective owners.
5. Patent Information: Agena Bioscience’s patented nucleic acid analysis by mass spectrometry methods and products are protected under United States patent rights including but not limited to 6,024,925; 6,440,705; 6,558,623; 6,569,385; 6,730,517; 6,979,425; 6,994,969; 7,019,288; 7,025,933; 7,232,688; 7,285,422; 7,332,275; 7,390,672; 7,501,251; 7,888,127; 7,917,301; 8,003,317; 8,315,805; 8,349,566; 9,249,456 and 9,310,378 and patents pending including but not limited to and US20130017960, and foreign counterparts including but not limited to, EP1173622B1, EP1727911B1, EP1546385B1, EP1332000B1, EP1613723B1, EP1660680B1, and EP2107129B1.
6. Copyright: This Website is protected by U.S. and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Website, or individual sections of the design or layout of the Website or any of the content within the website without Agena Bioscience’s written permission.
7. Links: This Agena Bioscience Website may contain links to Websites operated by other parties. The linked sites are not under the control of Agena Bioscience, and Agena Bioscience is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply Agena Bioscience’s endorsement of material on any other site and Agena Bioscience disclaims all liability with regard to your access to such linked Websites. Agena Bioscience provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk. Unless otherwise set forth in a written agreement between you and Agena Bioscience, you must adhere to Agena Bioscience’s linking policy as follows: (i) any link to the Website must be a text only link clearly marked “Agena Bioscience Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Agena Bioscience’s names and trademarks, (iii) the link must “point” to www.Agena Bioscience.com and not to other pages within the Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Agena Bioscience, (v) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (vi) Agena Bioscience reserves the right to revoke its consent to the link at any time and in its sole discretion.
8. User Submissions: Certain areas of this Website enable you to access online forums and to submit e-mails, or otherwise provide feedback to Agena Bioscience. Agena Bioscience does not endorse, and specifically disclaims any responsibility or liability for any content in the forums. In addition, Agena Bioscience reserves the right to delete, move or edit content, in whole or in part, submitted to the forums that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of intellectual property, privacy, or other proprietary rights, in violation of these terms and conditions, or for any other reason.
You agree that by submitting content, you:
Will only submit content related to the subject matter of the forum, if applicable, and that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer
Understand and agree that such content that is submitted to a forum, or feedback page, will be deemed non-confidential. For example, but not by way of limitation, information you may post on this Website is visible to Agena Customer Support personnel; and
9. Security: You are responsible for maintaining the confidentiality of your registration number and password, and you are responsible for all uses of your registration number or password, and any and all related charges, whether or not authorized by you.
10. Location & Governing Law: This Website is operated by Agena Bioscience from its offices in California, USA. The law of the State of California shall govern these terms and conditions, without giving effect to its conflict of law provisions or your actual state of residence. Agena Bioscience makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Agena Bioscience Website from territories where the content of the Agena Bioscience Website may be illegal is prohibited. Those who choose to access the Agena Bioscience Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
11. Violations and Additional Policies: Agena Bioscience reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Website, including the right to block access from a particular Internet address to the Website.
Restrictions. You agree not to make any attempt to: (i) download, reproduce, copy, alter, adapt, modify, improve, translate, create derivative works from, reverse engineer, disassemble, decompile or otherwise attempt to reveal the technology or software code (in either source code or object code form) underlying this Website; (ii) interfere in any manner with the hosting of this Website; (iii) sublicense, resell, sublease or transfer any of your rights under this Agreement, or otherwise use this Website for the benefit of a third party or to operate a service bureau; or (iv) develop a product that is similar to this Website. You further agree not to provide Query Information that: (i) infringes or violates any intellectual property rights; (ii) misappropriates any trade secret or other confidential information; (iii) violates any publicity or privacy rights; (iv) violates any law or regulation; (v) is defamatory, offensive or otherwise illegal or harmful to minors or obscene; (vi) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information; or (vii) is materially false or misleading.
12. Safe Harbor: Except for the historical information set forth in this Website and within its content, information and statements set forth in this Website and within its content, including but not limited to information and statements regarding any anticipated or expected results, benefits, impact, or effect, from or based on the use of Agena Bioscience’s products, applications, services, and laboratory developed test services, forthcoming or planned products, applications, services, and laboratory developed test services, and any statements relating to Agena Bioscience’s goals, plans, missions, opportunities, expectations, beliefs, and the like, are forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially, including the risks and uncertainties associated with market demand for and acceptance and use of Agena Bioscience’s technology, products, applications, services, and laboratory developed test services, reliance upon the collaborative efforts of other parties such as, without limitation, healthcare providers, international distributors and licensees, Agena Bioscience or third parties obtaining or maintaining regulatory approvals that impact Agena Bioscience’s business, government regulation particularly with respect to diagnostic products and laboratory developed tests, publication processes, the performance of designed product enhancements, Agena Bioscience’s ability to develop and commercialize technologies and products, particularly new technologies such as laboratory developed tests, and genetic analysis platforms, Agena Bioscience’s financial position, competition, intellectual property protection and intellectual property rights of others, litigation involving Agena Bioscience, and other risks which may be detailed from time to time by Agena Bioscience. These forward-looking statements are based on information that may change and you are cautioned not to place undue reliance on these forward-looking statements. All forward-looking statements are qualified in their entirety by this cautionary statement, and Agena Bioscience undertakes no obligation to revise or update any forward-looking statement to reflect current circumstances.
Note: The MassARRAY System and all products and services listed on this website (except for the MassARRAY Dx System) are For Research Use Only. Not for use in diagnostic procedures.
General. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. Agena Bioscience’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.