Term and Conditions

Terms of Use

WATERS CORPORATION AND ITS SUBSIDIARIES (“WATERS”) WEB SITE TERMS OF USE

ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

Use of Site:

Waters authorizes you to view and download the materials, including, but not limited to, white papers, training materials, press releases, product specifications, and datasheets, at this Site only for your informational, personal or non-commercial use provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other web site, networked computer environment, or any other media for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. The materials specified above do not include the arrangement, design or layout of this Site. Elements of this Site are protected by trade dress, trademark, and other laws and may not be copied or reproduced in any manner. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted by Waters. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Nothing contained on this Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying Waters or our products and services displayed on the Site, without our express written consent or the express written consent of such third parties that may own such trademarks, logos and other names displayed on this Site.

As a condition of your use of this Site, you will not use the materials at this Site for any purpose that is unlawful or prohibited by these terms, conditions, notices, or Waters’ policies. You may not use the materials in any manner that could damage, disable, or impair any Waters server or networks connected to any Waters server. You may not attempt to gain unauthorized access to any materials, accounts, computer systems or networks connected to any Waters server, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Use of this Site for any other purpose except those set forth herein is expressly prohibited, and may result in several civil and criminal penalties.

Use of Software:

Waters makes (i) official, fully released Waters software and (ii) official beta released Waters software (together “Software”) available on the Site. If you download or use Software from this Site, use of the Software is subject to the license terms in the software license agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the software license agreement. The Software is made available for download solely for use by end users according to the software license agreement. Any reproduction or redistribution of the Software not in accordance with the software license agreement is expressly prohibited by law, and may result in several civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE SOFTWARE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE SOFTWARE LICENSE AGREEMENT, WATERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

User Submissions:

See the Waters Global Privacy Policy for information relating to the collection and use of your information.

Waters does not claim ownership of any material, information or other communication you transmit, input, submit, or post to this Site (“Communications”). Waters will have no obligations with respect to the Communications and such Communications will be considered non-confidential and non-proprietary. No compensation will be paid with respect to the use of your Communications.

By submitting Communications to Waters you represent and warrant that you have the full rights and authority to post, input, upload or submit such Communications, and that none of such Communications are subject to any copyright or other proprietary right of a third party. You hereby grant Waters, its affiliated companies, and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use the Communications in connection with the operation of its business.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You hereby grant Waters, its affiliated companies, and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, copy, transmit, publicly display, publicly perform, edit, reformat, distribute and sub-license the Communications (and all data, images, sounds, text, and other things embodied therein) submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

User Chat Rooms:

Waters may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Your participation in on-line communications occurs in real-time and is not edited, censored, or otherwise controlled by us. Further, we cannot and do not screen content provided by users of this Site. You agree to use such on-line communications only to post, send, and receive messages and material that are proper and, when applicable, related to the particular form of on-line communication. Waters reserves the right to review Communications transmitted and posted on the Site and may remove any Communications in its sole discretion. Waters reserves the right to terminate your access to any and all areas on the Site at any time, without notice, for any reason whatsoever.

Waters, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree, however, that we have the right to monitor this Site electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our services properly, or to protect ourselves or our subscribers.

Communications transmitted or posted on the Site may be subject to limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations.

Links to other Web Sites:

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Waters has not reviewed these third party sites and does not control and is not responsible for any of these sites, their content, any links presented in any of these sites, or any changes or updates to such sites. Waters does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Links to Third Party Software:

The Site may contain links to third party software, which is developed and made available by third parties. These links are provided solely as a convenience to you. Waters has not reviewed this third party software and does not endorse or make any representations about them, or any results that may be obtained from using them. If you decide to use any of this third party software, you do this entirely at your own risk. Third party software products are licensed subject to separate terms made available by the developer of that third party software. Any issues with any of the products and/or any claims should be directed to the relevant third party who has made the product available.

Disclaimer:

THE MATERIALS INCLUDING RELATED GRAPHICS PUBLISHED AS PART OF THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.

Waters further does not warrant the accuracy and completeness of the materials at this Site. The materials could include technical inaccuracies or typographical errors. Waters may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Waters makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Waters business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of some or all implied warranties, so, to the extent permitted by applicable law, the above exclusion may not apply to you.

Users of the Site may post content and respond to one another, and that content is not controlled or reviewed by Waters. Accordingly, Waters does not represent or warrant that such content is accurate, complete or otherwise compliant with these terms and/or applicable laws. Where a user submits material to the Site, that user is responsible for that material, including legality, appropriateness, originality and copyright of any such material. Users may not upload to, distribute or otherwise publish through the Site any content and/or material that (i) is confidential, proprietary, false, inaccurate, misleading, irrelevant, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; (iii) which is for commercial purposes, is commercial in nature and/or for which the User is compensated in cash or in kind by any third party; (iv) may contain software viruses or any other form of malicious content; or (v) contains bulk mailings or any other form of spam content.

Limitation of Liability:

IN NO EVENT WILL WATERS, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, PERFORMANCE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S. Government Restricted Rights. Any Software which is used or downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations.

Applicable Laws:

Waters makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws.

General:

Waters may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Copyright Notice:

©2017 Waters Corporation. All rights reserved.

July 2017