Thermo Scientific™ B·R·A·H·M·S GmbH Online Terms and Conditions

Effective Date:  May 10, 2018

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEBSITE.

Use of Site.  B·R·A·H·M·S GmbH, part of Thermo Fisher Scientific Inc. ("B·R·A·H·M·S"; throughout the site, the terms "we," "us" and "our" refer to B·R·A·H·M·S GmbH) authorizes you to view, print and download the materials at our Sites

thermoscientific.com/brahms,
thermoscientific.com/procalcitonin,
thermoscientific.com/kryptor,
thermoscientific.com/copeptin,
thermoscientific.com/proadrenomedullin,

(collectively our “Sites”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials downloaded or printed from the Site. You may not modify the materials at this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. 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 copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark and other laws. You agree that you will not disclose, republish, reproduce or distribute any of the information displayed on or comprising this Site (the "Content") or make any use of the Content that would allow a third party to have access to the Content. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

B·R·A·H·M·S authorizes you to download the Thermo Scientific™ data files from our Sites, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials downloaded or printed from the Site. You may not modify the materials at our Sites in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Website for any purpose is prohibited. The materials at our Sites are copyrighted and any unauthorized use of any materials at our Sites may violate copyright, trademark and other laws. You agree that you will not disclose, republish, reproduce or distribute any of the information displayed on or comprising our Sites (the "Content") or make any use of the Content that would allow a third party to have access to the Content. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

You agree to abide by all additional restrictions displayed on our Sites as it may be updated from time to time. B·R·A·H·M·S reserves the right to prohibit any person from using this Site for any reason whatsoever. B·R·A·H·M·S, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in B·R·A·H·M·S's sole discretion.

Conduct on the Site.  You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without B·R·A·H·M·S's express written consent. Further, you may not utilize any site content in any meta tags or any other "hidden text" techniques or technologies without B·R·A·H·M·S's express written consent.

Accuracy, Completeness and Timeliness of Information on this Site.  B·R·A·H·M·S is not responsible if information made available on our Sites is not accurate, complete or current. The material on our Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Sites is at your own risk. Our sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of our Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.

Modification of Terms.  B·R·A·H·M·S may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of our Sites shall be deemed your conclusive acceptance of the modified Terms.

Proprietary Materials.  Trademarks, logos, images, illustrations, video clips, file text and graphics used or displayed at our Sites are copyrights, trademarks, and or intellectual property owned, controlled, registered or licensed by Thermo Fisher Scientific, B·R·A·H·M·S GmbH or its affiliates or third-party owners. Nothing contained on our Sites is to be construed as granting, by implication, estoppel or otherwise, any license or right of use of any such trademark without the prior written permission of B·R·A·H·M·S GmbH or such third-party owner.

User Submissions.  Other than personally identifiable information, which is covered under the B·R·A·H·M·S GmbH Privacy Statement, any material, information or other communication you transmit or post to our Sites ("Communication") is, and will be treated as, non-confidential and non-proprietary, and may be used by B·R·A·H·M·S GmbH and its affiliates for any purpose without compensation to you.

Links To Other Websites.  Links to third-party websites on our Sites are provided solely as a convenience to you. If you use these links, you will leave our Sites. B·R·A·H·M·S has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, B·R·A·H·M·S 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 our Sites, you do this entirely at your own risk.

You also understand that B·R·A·H·M·S cannot and does not guarantee or warrant that files available for downloading through our Sites are or will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our Sites for the reconstruction of any lost data.

Disclaimer.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through our Sites. B·R·A·H·M·S further does not warrant the accuracy, currency and completeness of the materials at our Sites. B·R·A·H·M·S may make changes to the materials at our Sites, or to the products and prices described in them, at any time without notice. The materials at our Sites may be out of date, and B·R·A·H·M·S makes no commitment to update the materials at our Sites. INFORMATION PUBLISHED AT OUR SITES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT B·R·A·H·M·S GmbH INTENDS TO MAKE THEM AVAILABLE IN YOUR COUNTRY. Consult your local Thermo Fisher Scientific business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All orders are subject to acceptance by B·R·A·H·M·S GmbH, part of Thermo Fisher Scientific. B·R·A·H·M·S obligations and responsibilities regarding its products are governed solely by the agreements under which they are sold and licensed.

Limitation of Liability.  IN NO EVENT WILL B·R·A·H·M·S, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OUR SITES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL 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 OR RELIANCE ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES AT THE SITE, 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 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.

Indemnification.  You agree to indemnify, defend and hold harmless Thermo Fisher Scientific, B·R·A·H·M·S and its affiliates and its officers, directors, employees, agents, affiliates, licensors, suppliers and any third-party information providers to our Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising or resulting from your use of our Sites and any violation of these Terms by you. If you cause a technical disruption of our Sites or the systems transmitting our Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. B·R·A·H·M·S reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with B·R·A·H·M·S in the defense of such matter.

Miscellaneous. These Terms shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be performed in the Commonwealth of Massachusetts. You agree that any legal action or proceeding between Thermo Fisher Scientific, B·R·A·H·M·S and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Massachusetts. Any cause of action or claim you may have with respect to our Sites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Failure of B·R·A·H·M·S GmbH, part of Thermo Fisher Scientific, to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. B·R·A·H·M·S may assign its rights and duties under these Terms to any party at any time without notice to you.

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