Limited Use License and Liability Agreement
IMPORTANT-PLEASE READ CAREFULLY: This End-User Agreement ("Agreement") is a binding legal contract between you (either an individual or a single entity, hereinafter referred to as "You" or “Your”) and Beckman Coulter, Inc. ("Beckman Coulter") This Agreement contains the only terms and conditions governing Your use of the proprietary Beckman Coulter “Autoprimer.com” website (the "Website") and Your use of the primers (the "Primers") identified by You through Your use of the Website.  By entering nucleotide sequence data information, retrieving primer sequence information, or otherwise using the Website, you agree to be bound by the terms of this Agreement.  If you do not agree to be bound by the terms of this Agreement, do not use the Website.

1.  LIMITED LICENSE
a.  The Website and its use is protected by copyrights owned by Beckman Coulter.  The  use of the Primers for primer extension may be covered by one or more of the following US patents and/or their foreign counterparts: 5,888,819; 5,952,174; 6,004,744; and 6,013,431, and to the extent covered may not be used unless a separate license for such use is obtained from Beckman Coulter or a Beckman Coulter licensed partner.

b.  Identification of Primers through the use of the Website does not include or carry any right, immunity or license under the foregoing patents to make, use, sell, develop, or otherwise commercially exploit the Primers or to practice any process with the Primers.  

c.  The Primers and/or the use thereof may also be subject to intellectual property rights of third parties.  It is up to You to determine if there are such third party rights and, to the extent there are, to obtain the necessary rights and licenses.  No representations or warranties are made by Beckman Coulter as to Your ability or freedom to use the Primers.

2.  WARRANTIES AND LIMITATION OF LIABILITY
a.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BECKMAN COULTER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED AS TO THE PRIMERS AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE WARRANTY OF TITLE TO THE PRIMERS AND IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR THE PRIMERS OR THE USE THEREOF, OR FOR THE WEBSITE OR THE USE THEREOF, OR FOR THE PROVISION OF, OR FAILURE TO PROVIDE, SUPPORT SERVICES.  

b.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BECKMAN COULTER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT USE OF THE WEBSITE OR THE USE OF ANY PRODUCT PRODUCED BY SUCH USE, OR THE PRIMERS, OR THE USE OF THE PRIMERS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET, OR OTHER PROPRIETARY RIGHT, FOREIGN OR DOMESTIC, OF ANY THIRD PARTY.  

c.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BECKMAN COULTER OR ANY OF ITS SUBSIDIARIES OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (JOINTLY AND SEVERALLY THE "BECKMAN COULTER REPRESENTATIVES") BE LIABLE TO YOU OR ANY ONE CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BECKMAN COULTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, THE ENTIRE LIABILITY OF BECKMAN COULTER AND THE BECKMAN COULTER REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO THE WEBSITE OR U.S.$5.00.

3.  INDEMNIFICATION
You agree to indemnify, defend and hold harmless Beckman Coulter and the Beckman Coulter Representatives from and against all claims, liabilities, demands, damages, expenses and losses (including reasonable attorney fees and costs) resulting from or arising out of, in whole or in part, (i) Your use of the Website or the Primers (ii) any products or services developed, made, provided to you or provided by You as a result of your use of the Website or the Primers and (iii) any actual or alleged act of patent infringement, contributory patent infringement, inducing patent infringement, or copyright infringement resulting from Your use of the Website or the Primers or any use or sale of any product or service resulting from such use.

4.  SITE PROTECTION 
a.  The Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

b.  As between You and Beckman Coulter, all title and intellectual property rights in and to the Website (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Website), are owned by Beckman Coulter.  All rights not expressly granted under this Agreement are reserved by Beckman Coulter for its own exclusive use.

5.  MISCELLANEOUS
a.  This Agreement contains the only understanding of the Parties relative to its subject matter and supercedes any prior understanding or agreement, whether oral or in writing.  This Agreement may only be modified amended in a writing signed by an officer of Beckman Coulter. 
b.  If You accessed the Website in the United States, the laws of the State of California govern this Agreement. In the event of any case or controversy involving this Agreement or the respective rights and obligations of the Parties arising out of this Agreement You agree to the exclusive jurisdiction of the State or Federal Courts located in Orange County California. You agree not to contest such jurisdiction or any subpoena or other legal process served in accordance with the rules of such courts. 

c.  If You accessed the Website outside the United States, then local law may apply.

d.  If You have any questions concerning this Agreement, or if you desire to contact Beckman Coulter for any reason, please contact or write Beckman Coulter, Inc., Legal Department, Mail Station A-42-C, 4300 North Harbor Boulevard, Fullerton, California 92834-3100.
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