Introduction
These
Terms and Conditions of the Roche NimbleGen Web Sites ("Terms")
apply to your use of www.nimblegen.com or any other World Wide
Web site owned by Roche NimbleGen, Inc. or any of its affiliated
companies (collectively, "NimbleGen" and/or "this
Site"). These Terms are independent of, and shall not be
construed to amend or replace, any other agreement to which NimbleGen
is a party.
BY USING
THIS SITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS. IF YOU DO
NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Copyright
Notice
This Site, including but not limited to the text and images herein
and their arrangement, is protected by U.S. and international
copyright laws.
© Copyright 2002 - 2008 Roche NimbleGen, Inc. All rights
reserved.
Changes
These Terms were last updated on 2/16/2007. Roche NimbleGen reserves
the right, at its discretion and without notice, to modify, add
or remove parts of these Terms at any time. You should check these
Terms for any changes each time you visit this Site. Your continued
use of this Site, following the posting of changes to these Terms,
constitutes your acceptance of those changes.
Registration
Registration is required for certain services offered by this
Site. By registering, you agree:
- to these
Terms or any other policies incorporated into these Terms.
- that Roche NimbleGen
in its sole discretion may terminate your account if it believes
that you may have in any way violated these Terms or any other
policies incorporated into these Terms.
Restrictions
on Use of Content
No content, including any software, available on or through this
Site ("the Content") may be copied, distributed, republished,
uploaded or transmitted, in any way including any electronic means,
without the prior written consent of Roche NimbleGen or third party
licensors retains title and intellectual property rights to the
Content. No licenses to the Content are granted, express or implied.
You may download
on one computer and print one copy of the Content for your personal,
non-commercial use only, provided that:
- You keep
intact all copyright, trademark and other proprietary notices.
- You do
not modify or otherwise create any derivative works from the
Content.
- You do
not use the Content in a manner that suggests an association
with Roche NimbleGen or any of its products, services or brands.
- You do
not download quantities of the Content to avoid future downloads
from any Site.
- You do
not use the Content on any other web site or computer environment,
except as permitted above.
- You do
not redistribute, sell, de-compile, reverse engineer, disassemble,
or otherwise reduce the Content to a human-readable form.
Forums
and Public Communication
If you participate in a chat area, message board, e-mail or service
offered by this Site ("Forum"), you agree:
- To provide
to Roche NimbleGen true and accurate information about yourself and
to inform Roche NimbleGen of any changes to that information.
- That any
information you provide to Roche NimbleGen, including but not limited
to feedback, data, answers, questions, comments, suggestions,
plans, ideas or the like, shall be non-confidential, that NimbleGen
shall have no obligation of any kind with respect to such information,
and that NimbleGen shall have unlimited rights to use, reproduce,
disclose and distribute the information. You further agree that
NimbleGen shall be entitled to use any ideas, concepts, know-how
or techniques contained in such information for any purpose
whatsoever, including but not limited to developing, manufacturing,
marketing, selling or using products incorporating or otherwise
based upon such information.
- To refrain
from certain communications, including but not limited to:
- misrepresentations
of an individual's identity or source of information or
data
- statements
that are defamatory, libelous, abusive, harassing, threatening,
bigoted, hateful, racially offensive, vulgar, obscene, discourteous,
indecent, tortious, improper or otherwise objectionable,
harmful, or offensive to others
- promotions,
advertisements, solicitations related to politics, religion,
personal gain, or commercial gain that does not involve
Roche NimbleGen
- statements
that do not generally pertain to the designated topic or
material that contains a virus or other harmful component
- material
that infringes or violates another's rights, including intellectual
property rights such as patents, trademarks, service marks
and copyrights.
Any opinions
expressed in a Forum are solely those of the authors and are not
the opinions of Roche NimbleGen, Inc., its affiliates or of the management
of those entities.
Roche NimbleGen
reserves the right to remove or edit content from any Forum at
any time and for any reason, but undertakes no obligation to do
so.
No Warranties
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS. ROCHE NIMBLEGEN MAKES NO REPRESENTATION
OR WARRANTY REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY,
OR RELIABILITY OF, OR THE RESULTS THAT MAY BE OBTAINED THROUGH
USE OF, OR OTHERWISE RESPECTING, THE SITE OR ITS CONTENTS. ROCHE NIMBLEGEN
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO ANY EXPRESS WARRANTIES BY AFFIRMATION, PROMISE,
DESCRIPTION, OR SAMPLE, WARRANTY OF TITLE, WARRANTY OF NON-INFRINGEMENT,
IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND FREEDOM FROM COMPUTER VIRUS.
No Liability
IN NO EVENT SHALL ROCHE NIMBLEGEN BE LIABLE FOR ANY DAMAGES ARISING
OUT OF THIS SITE OR ITS CONTENTS WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY BUSINESS
INTERRUPTION OR LOSS OF USE, DATA, PROGRAMS, OR PROFIT, RESULTING
FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: ANY ERRORS IN OR
OMISSIONS FROM THIS SITE AND THE CONTENT; ANY THIRD-PARTY WEB
SITES OR CONTENT THEREIN THAT LINK TO OR ARE LINKED FROM THIS
SITE; THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF;
YOUR USE OF THIS SITE; OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE
IN CONNECTION WITH THIS SITE, EVEN IF ROCHE NIMBLEGEN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH, REGARDLESS OF THE FORM OF ACTION OR
THEORY OF LIABILITY.
Advertisers
This Site may contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the site is accurate and complies with applicable
laws. Roche NimbleGen will not be responsible for the legality of or
any error or inaccuracy of advertisers' or sponsors' materials.
Unlawful
Activity
Any illegal use of this Site or the Content is prohibited. NimbleGen
reserves the right, but shall have no obligation, to investigate
complaints or reported violations of these Terms and to take any
action NimbleGen deems appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties.
Remedies
for Violations
Roche NimbleGen reserves the right to seek all remedies available at
law and in equity for violations of these Terms, including but
not limited to the right to block access from a particular IP
address to any Roche NimbleGen Site or feature of any Roche NimbleGen Site.
Governing
Law and Jurisdiction
These Terms will be governed by and interpreted pursuant to the
laws of the State of Wisconsin, United States of America, notwithstanding
any principles of conflicts of law.
Additional
Terms
Your use of this Site is also governed by the Roche NimbleGen Privacy
Policy and the Roche NimbleGen Linking Policy, all of which are incorporated
herein by reference.
Severability
If any part of these Terms is unlawful, void or unenforceable,
that part will be deemed severable and will not affect the validity
and enforceability of any remaining provisions.
For more
information, please refer to:
