Terms and Conditions

MTS ("MTS"), in conjunction with the University of Washington, produces training and testing software known as the Lab Training Library. Beckman Coulter, Inc. ("BCI") licenses and distributes Lab Training Library online (the "Service"). The Terms and Conditions for this Service contained herein apply to the Lab Training Library. By accessing the Service online, the enterprise ("Client") agrees to be bound by all of the Terms and Conditions set forth in this Subscription Agreement.

We may revise the Terms and Conditions from time to time, at our sole discretion and without notice to the Client, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Any violation of these Terms and Conditions will jeopardize the Client's future use of the Service and, upon any such violation, the Client's account will be subject to immediate suspension or termination. 

Subscription Terms

Under the terms of a Service license, herein referred to as the "Subscription", access to the Service is available only to the Client's current employees ("Users") whose primary place of service is upon the Client's premises (the "Facility"). A Facility is defined as a building or a series of buildings at a single location. The Client must purchase a separate Subscription for each Facility.

Should the Client determine that additional Users outside the Client's Facility require access to the Service, the Client must notify BCI and arrange for the additional payment due for its expanded Subscription.

The Client is responsible for any and all activity under the Subscription, as well as for maintaining the confidentiality of and the use of User names and/or passwords. Sharing of User names and/or passwords with anyone outside the specific Facility is expressly prohibited. BCI cannot be held liable for any loss or damage if the Client does not comply with these Terms and Conditions. 

Payment and Renewal Terms 

All Subscriptions are annual contracts. Payment in full or evidence of a valid Client purchase order is required prior to activation of Client's Subscription. If BCI does not receive any required payment within the invoice payment period, BCI reserves the right to suspend or terminate the Client's Subscription, without further notice. 
Renewals for all Subscriptions will be on the anniversary date of the activation of the Subscription. 

Copyright and Limitations on Use

The information available through the Service is the property of BCI or its licensors and is protected by copyright and other intellectual property laws. Information received through the Service may be displayed and printed for the Client's in-house use only. Client agrees not to reproduce, retransmit, photocopy, distribute, disseminate, publish, broadcast or circulate the information received through the Service to anyone, directly or indirectly, outside of the Client's company or organization without the express prior written consent of BCI. Client agrees to communicate such restrictions on use to all individuals within its organization who will have access to the Service.

Information generated through the use of the Service (including, without limitation, contact and mailing lists) may be distributed within Client's company or organization solely for its own exclusive, confidential and internal use, during the term of this Agreement. Client will use such information in compliance with any and all applicable Federal and state laws, including without limitation those laws concerning fax broadcasts, e-mail transmissions and direct marketing. Specifically, Client is prohibited from using or permitting the use of the information to prepare an original database or a comparison of the Service to other databases that are sold, rented, published, or furnished in any manner to a third party. 

BCI and/or MTS retain the right to monitor all accounts to ensure compliance with these Terms and Conditions. Any violation of these terms may result in immediate suspension and/or termination of the Subscription, without refund. 

Disclaimer of Warranties and Liability 

Due to the number of sources from which information on the Service is obtained and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such information and the Service. 

BCI AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF. THE SERVICE IS PROVIDED TO CLIENT ON AN "AS IS" BASIS WITHOUT GUARANTEE. NEITHER BCI NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO CLIENT OR ANY OTHER THIRD PARTY FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE.

IN NO EVENT WILL BCI AND ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY CLIENT AND/OR ANY THIRD PARTY IN RELIANCE ON SUCH INFORMATION, OR FOR ANY LOST PROFITS, LOSS OR INACCURACY OF DATA, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT AGREES THAT THE LIABILITY OF BCI, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION PROVIDED BY THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID TO BCI BY CLIENT FOR USE OF THE SERVICE.

BCI may discontinue or change the Service or its availability to Client, at any time without notice. This Agreement is specific to Client and Client may not assign its rights or obligations to another entity. In the event of the purchase of substantially all of the equity interests or assets of Client, the rights under this Subscription may be assumed by the purchaser. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues and Client's rights and obligations shall be governed by the laws of the United States of America and the State of Washington governing contracts wholly entered into and wholly performed within Washington. Jurisdiction and venue for any action arising hereunder shall lie in the state and Federal courts located in Seattle, Washington, USA.

Available for US and Canadian customers only.