Terms of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS SITE
This web site is provided by Varian Inc. ("Varian") and
may be used for informational purposes only. The following terms,
conditions, rules and regulations apply to all visitors to or users
of this site. By accessing, browsing and/or using this site, you
acknowledge acceptance of these terms and conditions (the "Terms
of Use"), which may be updated by Varian from time to time
at its sole discretion.
Use Restriction
Subject to the Terms of Use set forth in this web page, Varian
grants you a non-exclusive, non-transferable, limited right to access,
use and display this site and the materials thereon. You agree not
to interrupt or attempt to interrupt the operation of the site in
any way.
Varian authorizes you to view and download single copies of the
information on this site only for your personal, non-commercial
use. This authorization is not a transfer of title in the information
contained in this site and copies of the information are subject
to the following restrictions: 1) you must retain, on all copies
of the information downloaded, all copyright and other proprietary
notices accompanying such information; 2) you may not modify the
information in any way or reproduce or publicly display, perform,
or distribute or otherwise use them for any public or commercial
purpose; and 3) you must not transfer the downloaded information
to any other person unless you give them notice of, and they agree
to accept, the obligations arising under this Terms of Use. The
copyrights in all materials provided on this site are held by Varian
or by the original creator of the material. Except as expressly
provided herein, Varian does not grant any express or implied right
to you under any patent, trademarks, copyrights or trade secret
information.
Disclaimer
Although Varian has attempted to provide accurate information on
this site, Varian assumes no responsibility for the accuracy of
the information, opinions or other statements displayed or distributed
through this site. Varian may change the programs or products mentioned
at any time without notice. Mention of non-Varian products or services
is for information purposes only and constitutes neither an endorsement
nor a recommendation.
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS"
WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. VARIAN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLIGENT PROPERTY
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
UNDER NO CIRCUMSTANCES SHALL VARIAN BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT
OR SUBSTITUTE GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE
OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF
OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF VARIAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Varian, its affiliates,
officers, directors, employees, consultants and agents from any
and all third party claims, liability, damages and/or costs (including,
but not limited to, attorneys fees) arising from your use of this
site or any service provided herein, your violation of the Terms
of Use or your infringement of any intellectual property or other
right of any person or entity. The Terms of Use will inure to the
benefit of Varian's successors, assigns and licensees.
Trademarks
The trademarks, logos and service marks ("Marks") displayed
on this site are the property of Varian or other third parties.
Users are not permitted to use these Marks without the prior written
consent of Varian or such third party which may own such Marks.
"Varian" is a registered trademark under license to Varian,
Inc.
User Submissions
Varian does not want you to, and you should not, send any confidential
or proprietary information to Varian via this site. You agree that
any information or materials that you or individuals acting on your
behalf provide to Varian will not be considered confidential or
proprietary. By providing any such information or materials to Varian,
you grant to Varian an unrestricted, irrevocable, perpetual, worldwide,
royalty-free license to use, reproduce, display, publicly perform,
transmit and distribute such information and materials, and you
further agree that Varian is free to use any ideas, concepts or
know-how that you or individuals acting on your behalf provide to
Varian for commercial and non-commercial purposes. You further recognize
that Varian does not want you to, and you warrant that you shall
not, provide any information or materials to Varian that is defamatory,
threatening, obscene, harassing, or otherwise unlawful, or that
incorporates the proprietary material of another.
Controlling Law
This site is controlled by Varian from its offices within the United
States. These Terms of Use will be governed by and construed in
accordance with the laws of the State of California, without giving
effect to its conflict of laws provisions or your actual state or
country of residence. If for any reason a court of competent jurisdiction
finds any provision or portion of the Terms of Use to be unenforceable,
the remainder of the Terms of Use will continue in full force and
effect.
Entire Agreement
These Terms of Use constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces
all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. Any waiver of any provision
of the Terms of Use will be effective only if in writing and signed
by Varian.
Varian, Inc. Terms of Use, first posted March 11, 2000
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