Terms of Use

IMPORTANT INFORMATION ON TERMS OF USE AND LEGAL RESTRICTIONS

NOTICE: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ACCEPT THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SOFTWARE.

Use of Software. BioFortis Inc. ("BioFortis") authorizes you to use this Labmatrix software ("Software") only for use under the terms of your Subscription Agreement ("Agreement"), provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify this Software in any way or reproduce or publicly display, perform, or distribute or otherwise use it for any public or commercial purpose without express written consent of BioFortis. For purposes of these Terms, any use of the content and Software on any site or networked computer environment not covered by a Subscription Agreement for any purpose is prohibited. The materials in the Software are copyrighted and any unauthorized use may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Software automatically terminates and you must immediately destroy any downloaded or printed materials.

Use of the Labmatrix Software ("Software") is subject to the license terms in the Software Subscription/ License Agreement ("Agreement") by and between BioFortis and your organization. If the Software is provided for evaluation purposes, then contact BioFortis for the applicable Software License/Subscription Agreement; in all other cases, obtain the applicable Software Licensing/ Subscription Agreement from your legal or purchasing Department. You may not install the Software until you have read and accepted the terms of the applicable Software License/ Subscription Agreement.

User Contributions: Any ideas, feedback, or comments you transmit to BioFortis regarding the Labmatrix Software via the Support Request Tracking Tool is considered non-confidential and non-proprietary ("Communications"). BioFortis has no obligations with respect to the Communications and BioFortis is free to copy, disclose, distribute, incorporate, translate and otherwise use the Communications for any and all purposes. BioFortis may not use your name or organizations' name with respect to these communications without your express written consent. BioFortis, however, has no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Additionally, BioFortis may, but is not obligated to, monitor or review any areas of the Labmatrix Software for purposes of product management and performance enhancement.

User Conduct. Users are asked to not:

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from transmitting or posting Communications or other use the Software.
• Harvest or otherwise collect information about other users, including e-mail addresses for purposes outside the function and terms of the License / Subscription Agreement.

Links to External Sites. Links to third-party Web sites in our Software are provided solely as a convenience to you. If you use these links, you will leave this Software. BioFortis does not control and is not responsible for any of these sites or their content. Thus, BioFortis does not 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 Software, you do this entirely at your own discretion.

Disclaimer. THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." BIOFORTIS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The contents of this Software could contain technical inaccuracies, typographical errors or out-of-date information. Our Software may be updated or changed at any time, without notice. Specific Warranties for the Software are provided in the Software License / Subscription Agreement.

Limitation of Liability. BIOFORTIS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.

Applicable Laws. BioFortis sells and distributes its Software from its offices in Columbia, Maryland. BioFortis makes no representation that the Software is appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, permit use, or export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations, including, without limitation, U.S. export laws and regulations. If you choose to access this Software from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Maryland and Federal law as applied by the Federal courts in the District of Columbia. In case of conflict Federal law, as applied by the Federal courts in the District of Columbia, shall prevail.

General. BioFortis may revise these Terms at any time by updating this posting. You should visit this notice 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 of your Software License / Subscription Agreement.

Trademarks.

"BioFortis" refers to BioFortis, Inc. and all of its subsidiaries, business units, and divisions worldwide. "BioFortis Trademarks" refers specifically to BioFortis registered and non-registered trademarks in the United States and other countries, including, but not limited to, the following:

Labmatrix, ColLabmatrix, Labmatrix API, BioFortis Publication Service, Collaboration Hub,

The "BioFortis" corporate logo consists, in part, of a stylized version of the word "BioFortis" with both the "B" and the "F" capitalized and the first three letters "Bio" in Green and the remaining letters "Fortis" in black.

Other names, logos, icons, and marks identifying BioFortis products and services referenced herein, including all marks preceded by "BioFortis", "BF", "Labmatrix", or "LM" are either trademarks or registered trademarks of BioFortis and may not be used without the prior written permission of BioFortis. Other product and company names identified in our Software or in printed materials are trademarks or trade names of their respective companies.

Third Party License Disclosures.

Labmatrix makes use of Silk, Momentum, Icons8, and Farm-Fresh icons.

Open Source Licenses.

(Last Revised December 21, 2017.)

Any rights not expressly granted herein are reserved.