1. Description of Service
Subject to FTIRsearch´s acceptance of Your registration, Your account set-up and Your
compliance with the terms and conditions of this Agreement, FTIRsearch will provide a
service for you to search against commercial databases that are owned, licensed and
marketed by Thermo Scientific (see 16. Copyright of Databases). You will be able
to perform a text search or spectral search against the databases and display the result.
2. Conditions of Use
You are solely responsible for the use of Your member account and the content of all data
upload to the server. Your use of the Service is subject to all applicable local, state,
national and international laws and regulations. You will:
(a) not use the Service for any illegal purposes;
(b) not use the Service to upload, retrieve, transmit or view any file, data, image or
program ("Content") that contains:
(i) any false, misleading, fraudulent or illegal pictures, materials or information;
(ii) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature;
(iii) any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state, national or
international law or regulation;
(iv) any code or material that violates the intellectual property rights of others; or
(v) any viruses, worms, "Trojan horses" or any other similar contaminating or
(c) comply with United States and other applicable law regarding the exportation and
re-exportation of any data or other materials from the United States or other
jurisdictions through the Service;
(d) not use the Service for any spamming, chain letters or other use that may otherwise
disrupt the Service or the networks through which You access and use the Service;
(e) comply with all regulations, policies and procedures of networks through which You
access and use the Service;
(f) not access or attempt to access any Service account for which You have no access
authorization or duplicate, modify, distribute or display any of the data or files from
any such account; and
(g) not attempt to gain unauthorized access to any servers controlled by FTIRsearch or
decompile, reverse engineer or disassemble any software used in connection with
3. Registration Information
You will promptly notify FTIRsearch of any change in the information You provide on Your
registration form during Your registration for the Service (including, without limitation,
any change in Your mailing address, telephone numbers or email address). The registration
information provided by You on Your registration form during Your registration for the
Service, together with any and all updates provided by You from time to time under this
paragraph, is referred to in this Agreement as the "Registration Information."
FTIRsearch´s policy regarding the privacy and use of the Registration Information is set
4. Account and Password
After You accept this Agreement and Your registration has been accepted by FTIRsearch, You
will receive a password ("Password") and Your Account will be established. You
are entirely responsible for any and all activities that occur under Your Account and
Password, whether or not such use was authorized by You. You will notify FTIRsearch of any
unauthorized use or other breach in security of Your Account immediately after You learn
of the same.
5. Security of Uploaded Data
FTIRsearch will endeavor to secure and encrypt Your uploaded data during transmission to
the FTIRsearch server and its temporary storage therein. However, no password-protected
system of data storage and retrieval can be made entirely impenetrable. Accordingly, You
hereby acknowledge that it may be possible for an unauthorized third party to access,
view, copy, modify and distribute the data and files You have uploaded while using Your
Account. Further, You hereby acknowledge that any third party may access, view, copy,
modify and distribute the data and files You upload in any public folder or newsgroup on
the FTIRsearch servers.
7. Content of Uploaded Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data
and files uploaded by You on FTIRsearch´s servers and (b) ensuring that such content does
not include any of the items listed in paragraph 2(b) above. By uploading any Content, You
represent and warrant that You have the lawful right to reproduce and distribute such
Content. FTIRsearch does not review, inspect, edit or monitor any Content uploaded by You
or any other user of the Service, including, without limitation, for viruses, worms,
"Trojan horses" or any other similar contaminating or destructive features.
FTIRsearch will respond to complaints of copyright violations according to its Copyright
Policy. FTIRsearch reserves the right to refuse, remove or disable access to any data or
files uploaded on FTIRsearch´s servers that FTIRsearch learns may be illegal, may violate
the terms of paragraph 2 above, may violate the rights of any third party or otherwise may
be reasonably objectionable, although it has no obligation to do so.
8. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide
Web is subject to a variety of conditions that make such transmission, storage, viewing
and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE
SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN
"AS IS" AND "AS AVAILABLE" BASIS. FTIRSEARCH, ON BEHALF OF ITSELF AND
ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE
SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE
SERVICE MAY NOT MEET YOUR NEEDS. FTIRSEARCH MAKES NO REPRESENTATION OR WARRANTY: (A) THAT
YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE
SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA
AND FILES YOU UPLOAD IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO THE RESULTS
THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE; OR (E) THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH
MATERIAL OR DATA.
9. Limitations of Liability
IN NO EVENT SHALL FTIRSEARCH OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR
LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR
OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE
SERVICE OR YOUR LOSS OF DATA OR FILES UPLOADED THEREIN.
10. Force Majeure
FTIRsearch will not be liable for any nonperformance, delay, error, data loss or other
loss caused by any events or conditions that are beyond the reasonable control of
You will defend, indemnify and hold FTIRsearch, its parents, subsidiaries, affiliates,
agents, officers, directors and employees, harmless from any claim or demand, including
reasonable attorneys´ fees and costs, made by any third party due to or arising out of
(a) Your use of Your Account and the Service, (b) any data files and Content uploaded by
You or others using Your Account and otherwise on the FTIRsearch servers and (c) any
violation of this Agreement by You.
Either you or FTIRsearch may terminate this Agreement with or without cause at any time by
giving notice of such termination to the other in the manner described in paragraph 13
below. Further, if FTIRsearch believes, in its sole and absolute discretion, that You have
violated Your obligations under this Agreement or materially exceeded the level of
services that FTIRsearch has agreed to provide, FTIRsearch may, at its option and in
addition to its other remedies, immediately and without notice, suspend Your Account,
remove and destroy data files uploaded by You on FTIRsearch´s servers and/or terminate
this Agreement. FTIRsearch may, but is not obligated to, provide You with a warning and a
time in which to cure prior to suspending the account. FTIRsearch will not be liable to
You or any third party for any suspension or termination of Your Account or the Service.
Should You object to any terms and conditions of this Agreement or any subsequent
modifications thereto or become dissatisfied with the Service in any way, Your only
recourse is to immediately: (a) discontinue use of the Service; (b) terminate this
Agreement; and (c) notify FTIRsearch of such termination. Upon any termination of this
Agreement, You will cease use of the Service. FTIRsearch may, but has no obligation to,
destroy any of Your uploaded data files that are not removed from FTIRsearch´s servers
within five (5)-days after termination by You. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 15
of this Agreement (and any other provision that can be reasonably construed to survive
termination) will survive termination of this Agreement.
Any notice under this Agreement given by FTIRsearch to You will be deemed to be properly
given if sent by email to Your email address as set forth in the Registration Information.
Any notice under this Agreement given by You to FTIRsearch will be deemed to be properly
given if received by email or by first class postage prepaid U.S. mail, return receipt
requested, to any of the addresses given on the
Contacts Information Page.
Both FTIRsearch and You may from time to time change addresses for
notices under this paragraph by giving the other party notice of the change in accordance
with this paragraph.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for
any reason any provision of this Agreement is held to be invalid or unenforceable under
applicable law to any extent, then (a) such provision will be interpreted, construed or
reformed to the extent reasonably required to render the same valid, enforceable and
consistent with the original intent underlying such provision and (b) such invalidity or
unenforceability will not affect any other provision of this Agreement.
15. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by FTIRsearch from time to time.
Upon any such change, FTIRsearch will notify You of such change in accordance with
paragraph 13 above or post an updated version of this Agreement on the FTIRsearch Web site
located at http://FTIRsearch.com. Your use of any Services after such notification will
constitute Your acceptance of such changed terms and conditions.
16. Copyright of Databases
This web site contains commercial databases which are protected on copyright law.
Copyright © © 2001-2006 Thermo Fisher Scientific, Inc. Printed in the United
All rights reserved.
States of America. All world rights reserved. No part of this Web content may be stored in
a retrieval system, transmitted, or reproduced in any way, including but not limited to
photocopy, photograph, magnetic or other record, without the prior written permission of
Information published at this site may refer to products, programs or services that are
not available in your country. Such references do not imply that Thermo
Fisher intends to make them available in your country.
Consult your local Thermo Fisher distributor of Nicolet or Informatics
products for information regarding
products, programs or services that may be available to you.
Your right to use the Service is personal to You, and You will not assign any of Your
rights, obligations or interest in this Agreement or Your Account. Without limiting the
foregoing, this Agreement is binding upon and inures to the benefit of the parties and
their respective successors and assigns. FTIRsearch´s failure to insist upon or enforce
strict performance of any provision or right of this Agreement will not be construed as a
waiver of any provision or right. This Agreement will be governed by the laws of the State
of Massachusetts, without regard to its conflict of laws rules. The provisions of the U.N.
Convention on Contracts for the International Sale of Goods and any successor treaties
will not apply. You consent to the venue and exclusive jurisdiction of the state and
federal courts located in (Suffolk County) Boston, Massachusetts, U.S.A., with regard to
any claim arising under or otherwise occurring by reason of this Agreement or Your use of
the Service or Your Account. In the event of any legal proceeding between you and
FTIRsearch, Thermo Fisher, neither party
may claim the right to a trial by jury and all parties waive any right they may have under
applicable law or otherwise to a trial by jury. You will commence any claim or cause of
action arising under or otherwise occurring by reason of this Agreement within one (1)
year after the claim or cause of action arises or such claim or cause of action is forever
barred. This Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereof and supersedes any and all prior and contemporaneous understandings