Notices

PRODUCT USE NOTICES

• The Advanta™ Dx SARS-CoV-2 RT-PCR Assay is for In Vitro Diagnostic Use under Emergency Use Authorization Only and Rx Only.
• ALL OTHER Fluidigm products are provided for Research Use Only and Not For Use in Diagnostic Procedures.   These Products do not have United States Food and Drug Administration (“FDA”) or equivalent non-U.S. regulatory agency clearance or approval (“Approval”).
• Unless otherwise expressly stated by Fluidigm Corporation in writing, no claim or representation is made or intended by Fluidigm Corporation that any product has any Approval for use in any diagnostic or other clinical procedure in connection with any law, regulation or governmental policy.

PATENTS

The U.S. Patents listed below provide virtual marking of the listed products per 35 U.S.C. §287(e).

The following products and/or methods of using them, alone or in combination with a Fluidigm product, may be covered by one or more of the following patents (and additional pending patent applications and related patents) owned or licensed by Fluidigm Corporation and/or its affiliates. 

LIMITED USE AND DISCLAIMER

Except as expressly and explicitly set forth in an applicable purchase agreement, no right to copy, modify, distribute, make derivative works of, publicly display, make, have made, offer to sell, sell, use, or import a Fluidigm system or any other Fluidigm product is conveyed or implied with the purchase of a Fluidigm system, instrument, any component for a system or instrument, software, kit, assay, reagent, or any other Fluidigm product.  Purchase of a Fluidigm product only conveys to the buyer a right under Fluidigm's intellectual property rights to use the particular product that the buyer purchased from Fluidigm or its authorized representative(s) in accordance with the written instructions provided therewith in the User Guide,  or such other rights as may be required by law.  Except to the extent expressly approved in writing by Fluidigm Corporation, or its authorized representative(s), the purchase of any Fluidigm 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 systems, instruments, IFCs, software, or reagents is conveyed or implied by the purchase of a Fluidigm system or product, (ii) no right to make, have made, import, distribute, or use a Fluidigm system or product is conveyed or implied by the purchase of any other Fluidigm system, instrument, software, reagent, or IFC 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 a Fluidigm system or product in combination with systems, instruments, software, reagents, or IFCs unless all component parts have been purchased from Fluidigm or its authorized representative(s).  For the avoidance of doubt and for example, purchase of a Fluidigm system and/or an IFC controller conveys no right or license to patents covering Fluidigm IFCs.   Fluidigm IFCs may not be used with any non-Fluidigm system or instrument, and Fluidigm systems and instruments (including the Biomark HD, Biomark X, C1, Callisto, EP1, Juno, and Polaris Systems) may not be used with any IFC other than Fluidigm IFCs. Fluidigm IFCs are single use only and may not be reused unless otherwise specifically authorized in writing by Fluidigm.  As an additional example, purchase of a Fluidigm CyTOF® system conveys no right or license to patents covering Fluidigm Maxpar® reagents.  Maxpar® reagents may not be used with any non-Fluidigm system or instrument, and Fluidigm mass cytometry systems and instruments (including Helios™, CyTOF® XT and Hyperion™ Imaging Systems) may not be used with any non-Fluidigm Metal Conjugated Antibodies, Metal Labeling Kits, and Panel Kits.  No other licenses are granted, expressed or implied, by purchase of a Fluidigm system or product.  Refer also to Fluidigm Sales Terms.

LIMITED USE LABEL LICENSES

MAXPAR and CELL-ID KITS, ASSAYS & REAGENTS: Limited Use License

The purchase of Maxpar and Cell-ID reagents conveys from Fluidigm Corporation and/or its affiliates (collectively Fluidigm)  to the purchaser a limited, non-transferable right to use the reagents only with Fluidigm instruments and systems (e.g. CyTOF^®, CyTOF^® 2, CyTOF^® XT, Helios™, and Hyperion™ Imaging Systems). For information on obtaining additional usage rights, please contact Fluidigm at: www.fluidigm.com/support

FLUIDIGM MASS CYTOMETRY INSTRUMENTS and SYSTEMS: Limited Use License

The purchase of Mass Cytometry instruments and systems (e.g. CyTOF®, CyTOF 2, CyTOF XT™, Helios™, and Hyperion™ Imaging Systems) conveys from Fluidigm Corporation and/or its affiliates (collectively Fluidigm) to the purchaser a limited, non-transferable right to use the Fluidigm mass cytometry instruments and systems only with Fluidigm reagents (e.g. Maxpar® and Cell-ID™ reagents) and other reagents identified in Fluidigm User Guides.  As an example, Fluidigm mass cytometry instruments and systems may not be used with any non-Fluidigm Metal Conjugated Antibodies, Metal Labeling Kits, and Panel Kits. For information on obtaining additional usage rights, please contact Fluidigm at: www.fluidigm.com/support

SOFTWARE NOTICES

Specific license agreements, including End User License Agreements (“EULA”) may apply to certain software supplied by and/or distributed by Fluidigm or third parties. Contact your Fluidigm account representative for details. Refer also to the terms accompanying various Fluidigm software at: https://www.fluidigm.com/software