Bruker User Library Terms and Conditions of Use

Welcome

Bruker Corporation (“Bruker”) maintains this depository (the “Bruker User Library”) of user generated content (each a “Contribution”) for the benefit of the community of Bruker’s customers and end users of Bruker’s products and services. The following terms and conditions (the "Terms") govern your access and use of the Bruker User Library. Please read these Terms carefully before using the Bruker User Library. By accessing the Bruker User Library, you accept these Terms.

Modifications to these Terms

Bruker may, without advance notice, supplement or change these Terms at any time. Any changes made to these Terms will be effective as soon as they are posted on the Bruker User Library website.

Disclaimer

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE BRUKER USER LIBRARY AND ALL CONTRIBUTIONS AND OTHER INFORMATION HEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, WHETHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTWITHSTANDING ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, BRUKER DOES NOT WARRANT THAT ANY CONTRIBUTIONS OR OTHER MATERIAL IN THE BRUKER USER LIBRARY WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE ERROR FREE OR THAT ANY DEFECTS IN THE BRUKER USER LIBRARY OR CONTRIBUTIONS WILL BE OR CAN BE CORRECTED. BRUKER DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE BRUKER USER LIBRARY WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY ACKNOWLEDGE THAT ANY RELIANCE UPON ANY INFORMATION OR MATERIALS SHALL BE AT YOUR SOLE RISK.

Limitations of Liability

IN NO EVENT WILL BRUKER OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES, DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THE BRUKER USER LIBRARY, OR WITH RESPECT TO ANY CONTRIBUTIONS OR OTHER MATERIAL CONTAINED THEREON, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Bruker assumes no responsibility, and shall not be liable for, any damages, costs to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing the Bruker User Library or your downloading of any Contributions or other materials from the Bruker User Library. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

User-Submitted Content

Bruker has no obligation to monitor the Bruker User Library, provided, however, that Bruker reserves the right to review Contributions posted to the Bruker User Library and to remove any Contributions at any time, without notice, for any reason and in Bruker’s sole discretion.

By submitting a Contribution to the Bruker User Library, you thereby grant to Bruker all rights necessary for Bruker to reproduce, display, reformat, create extracts of and otherwise make the Contribution available for access and downloading from the Bruker User Library. Other than the foregoing rights, Bruker makes no claims to ownership of content that you submit, post or otherwise make available to or through the Bruker User Library and you continue to retain all ownership rights in your Contribution and the right to use your Contribution as you determine. Further, you reserve the right to update or withdraw your Contribution at any time.

You acknowledge and agree that your use of the Bruker User Library is public and not a private communication, and that you have no expectation of privacy concerning your use of the Bruker User Library. You acknowledge that your Contributions may be seen and used by others. YOU MUST NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF OR ANY OTHER PERSON THROUGH THE BRUKER USER LIBRARY.

Ownership and Intellectual Property Rights

The Bruker User Library and its contents, including, without limitation the text, illustrations, designs, photographs, video or audio clips, designs, trademarks, service marks, and trade names displayed on the Bruker User Library are the property of Bruker or its licensors, and are protected by copyrights, trademarks and other proprietary rights and laws. The Bruker User Library and its content may not be reprinted, electronically reproduced or otherwise exploited, except that you may download or print a single copy of a Contribution for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the content. Permission to otherwise reprint, copy, electronically reproduce, distribute or make publically available any Contribution, in whole or in part, is expressly prohibited unless prior written consent is obtained from the author of the applicable Contribution or access to such Contribution is accompanied by a statement specifically granting permission to use the document. If further use of a Contribution is approved, then you are expected to appropriately acknowledge the author(s) of such Contribution that you use in (or which is the basis for your) publications and public presentations.

Acceptable Use Policy

You may not use the Bruker User Library for any illegal or unauthorized purpose. You are solely responsible for your conduct and any content that you submit, post or display on the Bruker User Library. In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access the Bruker User Library in order to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
  • Use the Bruker User Library for any purpose that violates applicable law;
  • Upload files that violate the rights of any third party;
  • Post content that contains viruses or any other similar software or code that may damage the operation of the Bruker user Library or another's computer equipment or networks;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited; or
  • Restrict or inhibit any other user from using and enjoying the Bruker User Library.

Indemnification

You agree to indemnify and hold harmless Bruker, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, due to or arising out of: (i) your breach of these Terms, or your violation of any law or the rights of a third party; (ii) any Contribution made available by you on the Bruker User Library; or (iii) your access or use of the Bruker User Library, its content or services.

Governing Law

These Terms shall be governed by the laws of The Commonwealth of Massachusetts applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree to submit to the exclusive jurisdiction of the state and federal courts in The Commonwealth of Massachusetts, Suffolk County, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Miscellaneous

Failure by Bruker to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms, and any additional terms referenced herein, constitute the entire Terms between Bruker and you with respect to the Bruker User Library. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect. These Terms inures to the benefit of Bruker, its successors and assigns.

Last Updated: June 2014