Legal Information - Fluidigm Corporation Web Site

Limited License and Disclaimer for TOPAZ® System
Limited License and Disclaimer for BioMark™ System with Dynamic Arrays
Limited License and Disclaimer for BioMark™ System with Digital Arrays
Use of the Fluidigm Site

Limited License and Disclaimer for TOPAZ® System

Except as expressly set forth herein, no right to copy, modify, distribute, make derivative works of, publicly display, make, have made, offer to sell, sell, use, or import the TOPAZ® system or any other product is conveyed or implied with the purchase of the TOPAZ system (including components thereof), TOPAZ screening chips (integrated fluidic circuits (IFCs)/microfluidic chips with or without an input/output frame), NanoFlex™ IFC controller, the AutoInspeX® workstation, the TOPAZ database suite, and the Crystal Vision™ software, reagents, or any other items provided hereunder. This limited license permits only the use by the buyer of the particular product(s), in accordance with the written instructions provided therewith in the User Guide, that the buyer purchases from Fluidigm or its authorized representative(s). Except to the extent expressly approved in writing by Fluidigm or its authorized representative(s), the purchase of any TOPAZ product(s) does not by itself convey or imply the right to use such product(s) in combination with any other product(s). In particular, (i) no right to make, have made, or distribute other instruments, TOPAZ screening chips, software, or reagents is conveyed or implied by the purchase of the Topaz system, (ii) no right to make, have made, import, distribute, or use the TOPAZ system is conveyed or implied by the purchase of instruments, software, reagents, or TOPAZ screening chips from Fluidigm or otherwise, and (iii) except as expressly provided in the User Guide, the buyer may not use and no right is conveyed to use the TOPAZ system in combination with instruments, software, reagents, or TOPAZ screening chips unless all component parts have been purchased from Fluidigm or its authorized representative(s). For example, purchase of the AutoInspeX workstation and/or the NanoFlex IFC controller conveys no right or license to patents covering the TOPAZ screening chips or their manufacture, such as U.S. Patent Nos. 5,376,252, 6,408,878, 6,719,868, 6,793,753, 7,040,338; U.S. Patent Application Nos. 2002/0164812, 2003/0022384, 2003/0027348, 2005/0129581; and EP Patent Nos. 0527905, 1065378, 1195523. TOPAZ screening chips delivered hereunder are licensed for one (1) time use and may not be reused, refurbished, or resold. All TOPAZ products are licensed to the buyer for research use only. The products do not have FDA or other similar regulatory body approval. The buyer may not use the TOPAZ system, any component parts thereof, or any other TOPAZ products in any setting requiring FDA or similar regulatory approval or exploit the products in any manner not expressly authorized in writing by Fluidigm in advance. No other licenses are granted, expressed or implied. Please refer to the Fluidigm website at www.fluidigm.com for updated license terms.

Fluidigm, the Fluidigm logo, NanoFlex, AutoInspeX, TOPAZ, and Crystal Vision are trademarks or registered trademarks of Fluidigm Corporation in the U.S. and other countries.

All rights reserved. © Fluidigm Corporation.

TOPAZ® Product Patent Notice

TOPAZ® products - e.g., TOPAZ screening chips (integrated fluidic circuits (IFCs)/microfluidic chips with or without an input/output frame), the NanoFlex™ IFC controller, the AutoInspeX® workstation, the TOPAZ database suite, and the Crystal Vision™ software and methods for reading and controlling the TOPAZ screening chips and/or their use and manufacture may be covered by one or more of the following patents and patent applications owned by Fluidigm Corporation and/or sold under license from California Institute of Technology, Gyros AB, and other entities: U.S. Patent Nos. 5,376,252, 6,408,878, 6,719,868, 6,793,753, 7,040,338, 7,052,545; U.S. Patent Application Nos. 2002/0164812, 2003/0022384, 2003/0027348, 2003/0061687, 2003/0096310, 2003/0096421, 2005/0112882, 2005/0129581, 2005/0201901, 2005/0282175, 2006/0024751; EP Patent Nos. 0527905, 1065378, 1195523; and additional issued and pending patents in the U.S. and other countries.[Version 3.0]

Limited License and Disclaimer for BioMark™ System with Dynamic Arrays

Except as expressly set forth herein, no right to copy, modify, distribute, make derivative works of, publicly display, make, have made, offer to sell, sell, use, or import the BioMark™ system or any other product is conveyed or implied with the purchase of the BioMark system (including any components thereof), dynamic arrays (integrated fluidic circuits/microfluidic chips with or without an input/output frame), NanoFlex™ IFC controller, software, reagents, or any other items provided hereunder. This limited license permits only the use by the buyer of the particular product(s), in accordance with the written instructions provided therewith in the User Guide, that the buyer purchases from Fluidigm or its authorized representative(s). Except to the extent expressly approved in writing by Fluidigm or its authorized representative(s), the purchase of any BioMark product(s) does not by itself convey or imply the right to use such product(s) in combination with any other product(s). In particular, (i) no right to make, have made, or distribute other instruments, dynamic arrays and digital arrays, software, or reagents is conveyed or implied by the purchase of the BioMark system, (ii) no right to make, have made, import, distribute, or use the BioMark system is conveyed or implied by the purchase of instruments, software, reagents, or dynamic arrays and digital arrays from Fluidigm or otherwise, and (iii) except as expressly provided in the User Guide, the buyer may not use and no right is conveyed to use the BioMark system in combination with instruments, software, reagents, or dynamic arrays and digital arrays unless all component parts have been purchased from Fluidigm or its authorized representative(s). For example, purchase of the BioMark system and/or the NanoFlex IFC controller conveys no right or license to patents covering the dynamic arrays and digital arrays or their manufacture, such as 5,376,252, 6,408,878, 6,645,432, 6,719,868, 6,793,753, 6,929,030; U.S. Patent Application Nos. 2005/0084421, 2005/0112882, 2005/0129581, 2005/0145496, 2005/0214173; and EP Patent Nos. 0527905 and 1065378. BioMark dynamic arrays delivered hereunder are licensed for one (1) time use and may not be reused, refurbished, or resold. All BioMark products are licensed to the buyer for research use only. The products do not have FDA or other similar regulatory body approval. The buyer may not use the BioMark system, any component parts thereof, or any other BioMark products in any setting requiring FDA or similar regulatory approval or exploit the products in any manner not expressly authorized in writing by Fluidigm in advance. No other licenses are granted, expressed or implied. Please refer to the Fluidigm website at www.fluidigm.com for updated license terms.

Fluidigm, the Fluidigm logo, NanoFlex, and BioMark are trademarks or registered trademarks of Fluidigm Corporation in the U.S. and/or other countries.

All rights reserved. © Fluidigm Corporation.

BioMark™ Product Patent Notice

BioMark™ products including IFCs (integrated fluidic circuits/microfluidic chips with or without an input/output frame) such as dynamic arrays and digital arrays, the NanoFlex™ IFC controller, and the BioMark system (reader, thermal cycler, etc.) and methods for reading and controlling the dynamic arrays and digital arrays and/or their use and manufacture may be covered by one or more of the following patents and patent applications owned by Fluidigm Corporation and/or sold under license from California Institute of Technology, Gyros AB, and other entities: U.S. Patent Nos. 5,376,252, 6,408,878, 6,645,432, 6,719,868, 6,793,753, 6,929,030; U.S. Patent Application Nos. 2003/0061687, 2005/0084421, 2005/0112882, 2005/0129581, 2005/0145496, 2005/0201901, 2005/0214173, 2005/0252773, 2006/0006067; EP Patent Nos. 0527905 and 1065378; and additional issued and pending patents in the U.S. and other countries.[Version 3.0]

Limited License and Disclaimer for BioMark™ System with Digital Arrays

Except as expressly set forth herein, no right to copy, modify, distribute, make derivative works of, publicly display, make, have made, offer to sell, sell, use, or import the BioMark™ system or any other product is conveyed or implied with the purchase of the BioMark system (including any components thereof), digital arrays (integrated fluidic circuits/microfluidic chips with or without an input/output frame), NanoFlex™ IFC controller, software, reagents, or any other items provided hereunder. This limited license permits only the use by the buyer of the particular product(s), in accordance with the written instructions provided therewith in the User Guide, that the buyer purchases from Fluidigm or its authorized representative(s). Except to the extent expressly approved in writing by Fluidigm or its authorized representative(s), the purchase of any BioMark product(s) does not by itself convey or imply the right to use such product(s) in combination with any other product(s). In particular, (i) no right to make, have made, or distribute other instruments, dynamic arrays and digital arrays, software, or reagents is conveyed or implied by the purchase of the BioMark system, (ii) no right to make, have made, import, distribute, or use the BioMark system is conveyed or implied by the purchase of instruments, software, reagents, or dynamic arrays and digital arrays from Fluidigm or otherwise, and (iii) except as expressly provided in the User Guide, the buyer may not use and no right is conveyed to use the BioMark system in combination with instruments, software, reagents, or dynamic arrays and digital arrays unless all component parts have been purchased from Fluidigm or its authorized representative(s). For example, purchase of the BioMark system and/or the NanoFlex IFC controller conveys no right or license to patents covering the dynamic arrays and digital arrays or their manufacture, such as 5,376,252, 6,408,878, 6,645,432, 6,719,868, 6,793,753, 6,929,030; U.S. Patent Application Nos. 2005/0084421, 2005/0112882, 2005/0129581, 2005/0145496, 2005/0214173; and EP Patent Nos. 0527905 and 1065378. BioMark dynamic arrays delivered hereunder are licensed for one (1) time use and may not be reused, refurbished, or resold. All BioMark products are licensed to the buyer for research use only. The products do not have FDA or other similar regulatory body approval. The buyer may not use the BioMark system, any component parts thereof, or any other BioMark products in any setting requiring FDA or similar regulatory approval or exploit the products in any manner not expressly authorized in writing by Fluidigm in advance. No other licenses are granted, expressed or implied. Please refer to the Fluidigm website at www.fluidigm.com for updated license terms.

Fluidigm, the Fluidigm logo, NanoFlex, and BioMark are trademarks or registered trademarks of Fluidigm Corporation in the U.S. and/or other countries.

All rights reserved. © Fluidigm Corporation.

BioMark™ Product Patent Notice

BioMark™ products including IFCs (integrated fluidic circuits/microfluidic chips with or without an input/output frame) such as dynamic arrays and digital arrays, the NanoFlex™ IFC controller, and the BioMark system (reader, thermal cycler, etc.) and methods for reading and controlling the dynamic arrays and digital arrays and/or their use and manufacture may be covered by one or more of the following patents and patent applications owned by Fluidigm Corporation and/or sold under license from California Institute of Technology, Gyros AB, and other entities: U.S. Patent Nos. 5,376,252, 6,408,878, 6,645,432, 6,719,868, 6,793,753, 6,929,030; U.S. Patent Application Nos. 2003/0061687, 2005/0084421, 2005/0112882, 2005/0129581, 2005/0145496, 2005/0201901, 2005/0214173, 2005/0252773, 2006/0006067; EP Patent Nos. 0527905 and 1065378; and additional issued and pending patents in the U.S. and other countries.[Version 3.0]

Use of the Fluidigm Site

Fluidigm Corporation ("Fluidigm") maintains this Web site as a service to the Internet community. Access to and use of information presented on the Fluidigm Web site is subject to the following terms and conditions, which may be revised at any time by Fluidigm:

The Fluidigm Web site is designed to provide a general overview about Fluidigm and its products to a wide variety of audiences. Fluidigm makes no representation or warranty as to the accuracy or completeness of the information posted on or referenced in the Fluidigm Web site, including, without limitation, information prepared by third parties that is posted on the Fluidigm Web site or in Web sites that are linked to the Fluidigm Web site. Access to and use of all information is at the user's own risk. Fluidigm shall not be liable for any damages of any kind, nature or description (whether direct, consequential or punitive) arising out of or relating to information posted on or referenced in the Fluidigm Web site or the user's access to, use of or inability to use the Fluidigm Web site.

Fluidigm expressly disclaims any duty to update any materials posted on the Fluidigm Web site.

Any communication or information transmitted to Fluidigm via the Fluidigm Web site is not confidential, and the sender agrees that Fluidigm may use such communication or material for any purpose whatsoever, including reproduction, publication and posting. Contacting Fluidigm to exchange information on the potential development of a particular assay or assays on integrated fluidic circuits in no way constitutes a business relationship between Fluidigm and individuals or organizations external to Fluidigm.

The following are trademarks and/or registered trademarks of Fluidigm Corporation or its subsidiaries:

AUTOINSPEX®, BIOMARK™, NANOFLEX™, FLUIDIGM®, the Fluidigm F design, FLUIDLINE™, FLUIDARCHITECT®, MSL®, OPTIMIX™, TOPAZ®, TOPAZ PROTEIN CRYSTALLIZATION BY FLUIDIGM™.

The following are registered trademarks owned by the indicated companies:

ADOBE (The Adobe Corporation), TAQMAN (Roche Molecular Systems, Inc.).

It is the policy of Fluidigm to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of Fluidigm, its affiliates, licensors or collaborators, unless otherwise noted. The entire content of the Fluidigm Web site, including any images or text, is copyrighted and may not be distributed, downloaded, modified, reused, reposted or otherwise used, except as provided herein, without the express written permission of Fluidigm. The use or misuse of these trademarks, copyrights or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

Privacy Policy

The term "personal data" as used in this Policy refers to information such as your name, e-mail address, mailing address and telephone number, which can be used to identify you. Fluidigm will not process your personal data without your consent. In processing your personal data, we pledge to fully comply with recognized standards of privacy protection.

Intended Use of Personal Data

Most of Fluidigm.com services do not require the collection of personal data, allowing you to visit our site without telling us who you are. However, some services, such as requests for information, require the disclosure of personal information. Fluidigm.com processes personal data for specific and limited purposes, which we inform you about when we ask you for information. For example, we may collect and use personal data to provide you with products or services or to communicate with you for other purposes. Information you send to Fluidigm.com is otherwise kept private.

Non-Disclosure of Information

Fluidigm will not sell, share or otherwise distribute personal data collected via Fluidigm.com to third parties outside Fluidigm. However, personal data may occasionally be transferred to third parties who act for or on behalf of Fluidigm or in connection with the business of Fluidigm, for further processing in accordance with the purpose(s) for which the data were originally collected. Where disclosure of personal data to a third party is likely or necessary for whatever reason, Fluidigm will, wherever possible, endeavor to ensure that the disclosure and intended use of the data are clearly indicated. Such third parties may operate different privacy policies.

Anonymous Data and "Cookies"

Fluidigm.com uses a technology called "cookies" to estimate and report site traffic and to help improve the contents of the site. A cookie is a small data file transferred by a website to your computer's hard drive. Cookies do not damage your computer and cannot be used to run programs or deliver viruses. The cookies used on Fluidigm.com do not allow access to users' personal information, but the cookies may be used to identify individual computers. You have the ability to accept or decline cookies by modifying the settings of your web browser. If you choose to decline cookies, you may not be able to fully experience the interactive features of Fluidigm.com or other websites you visit.

Links to Other Sites

This Privacy Policy applies only to Fluidigm.com and does not include third-party websites. Fluidigm.com may include links to other websites that we believe may be of interest to our visitors. We aim to ensure that such websites are of the highest standard. However, due to the nature of the World Wide Web, Fluidigm cannot guarantee the standards of every website link it provides or be responsible for the contents of non-Fluidigm sites.

Effective Date

The effective date of this Privacy Statement is June 30, 2006.