Terms and Conditions of Use
Use of Site
NANOSPHERE provides materials at this website ("Site") as a complimentary service to Internet users for informational purposes only. NANOSPHERE authorizes you to view and download single copies of the materials at this Site solely for your personal, non-commercial use, subject to the provisions below. If you make a copy of the materials at this Site, you must retain all copyright and other proprietary notices contained in the original materials on any such copies. You may not modify the materials at this Site in any way or publicly display, perform, or distribute them. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are protected by worldwide copyright laws and treaty provisions. Except as expressly provided herein, NANOSPHERE does not grant any express or implied rights to you. NANOSPHERE may grant other rights to you in a separate writing or as incorporated elsewhere in the materials.
Links to Other Materials
NANOSPHERE provides links to third party websites solely as a convenience to you. If you use these links, you will leave this Site. The linked sites are not under the control of NANOSPHERE and NANOSPHERE is not responsible for the content of any linked site or any link contained in a linked site. NANOSPHERE reserves the right to terminate any link at any time. NANOSPHERE does not control, and is not responsible for, any of these sites or their content. Thus, NANOSPHERE does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. NANOSPHERE will have no obligations with respect to such communications. NANOSPHERE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or regulation.
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. The materials at this Site may be inaccurate, incomplete or out of date. NANOSPHERE makes no commitment to correct or update the materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
IN NO EVENT WILL NANOSPHERE, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Site is administered by NANOSPHERE from its offices within Northbrook, Illinois. You may not use or export materials provided in violation of U.S. export laws and regulations. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflicts of laws principles.
NANOSPHERE may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Note: Anyone linking to NANOSPHERE'S website must read and comply with the following guidelines and all applicable laws:
- May link to, but not replicate, NANOSPHERE'S content.
- Should not create a browser or border environment around NANOSPHERE'S content (no frames).
- Should not imply that NANOSPHERE is endorsing it or its products.
- Should not misrepresent its relationship with NANOSPHERE.
- Should not present false information about NANOSPHERE'S products or services.
- Should not use the NANOSPHERE'S logo or other NANOSPHERE trademarks without permission from NANOSPHERE.
- Should not contain content that could be construed as unlawful, distasteful or offensive.
Patents, Licenses, and Trademarks
The Verigene® Reader is protected by US patent 7,110,585, and other pending US and foreign patent applications. The Verigene® Processor and Verigene® Processor SP are protected by US patent 7,396,677, and other pending US and foreign patent applications. The Verigene® Test Cartridge is protected by one or more of the following US patents: 6,506,564; 6,602,669; 6,645,721; 6,673,548; 6,677,122;6,720,147; 6,730,269; 6,750,016; 6,767,702; 6,759,199; 6,812,334; 6,818,753, 6,903,207; 6,962,786; 6,986,989; and other pending US and foreign patent applications.
Methods for analysis of results by the Verigene® Reader is made possible under license of US Patent Nos. 5,599,668 and 5,843,651 owned by Abbott Laboratories.
The use of Verigene® products in relation to the manufacture or use of nucleic acid arrays may be covered by one or more of the following patents owned by Oxford Gene Technology Limited or Oxford Genet Technology IP Limited (together "OGT"): US Patent Nos. 6,054,270, 5,700,637; European Patent No. 0,373,203; Japan Patent No. 3,393,528 and 3,386,391 and pending patents. The purchase of these products does not confer the purchaser any rights or licenses under any of OGT's patents.
Verigene® Tests that use UDG decontamination technology are sold under licensing arrangements between Nanosphere, Inc. and Life Technologies Corporation IP Holdings, Inc. The purchase of these products conveys to the buyer limited, nontransferable rights to use the Platinum® Tfi One-Step q-RT PCR SuperMix (which includes SuperScript® III Reverse Transcriptase) and UDG decontamination technology owned by Life Technologies, wherein both the Platinum® Tfi One-Step q-RT PCR SuperMix and the UDG decontamination technology are solely for activities by the purchaser in detection of respiratory infectious agents, including, but not limited to, influenza A, influenza B, and respiratory syncytial viruses A and B, parainfluenza viruses, and metapneumoviruses within the field of human diagnostics. No other rights are conveyed.
Further information on purchasing licenses may be obtained by contacting the Licensing Department, Life Technologies Corporation, 5791 Van Allen Way, Carlsbad, CA 92008. Email: firstname.lastname@example.org
Platinum® and SuperScript® are registered trademarks of Life Technologies Corporation.
The NANOSPHERE logo, VERIGENE, and CLEARREAD, are registered trademarks of NANOSPHERE, Inc. NANOSPHERE claims copyright, trademark, and proprietary rights in each of its proprietary software products and services. NANOSPHERE's trademarks may be used publicly only with advance written permission from NANOSPHERE. Other brands and names are the property of their respective owners.