Terms & Conditions

ONE-YEAR WARRANTY STATEMENT

Diagnostic Instruments, Inc. (henceforth referred to as Diagnostic) warrants to the purchaser, that the system will be free of defects in material and workmanship per the specifications for the product that are in effect at time of manufacture for a period of one (1) year, beginning on the date of invoice for the equipment.

Diagnostic shall, at its choice, repair or replace, free of charge, any product that, upon inspection by Diagnostic, is found to be defective, returning the system to its original functional state. To the extent reasonable and possible, components used in repair will be the same as the original components.

Abuse, misuse, or improper maintenance and/or repair during the warranty period, as determined by Diagnostic, invalidates the warranty. This warranty does not cover defects due to ordinary wear and tear, or Acts of God/natural disasters.

Returned products must be accompanied by a valid Return Materials Authorization (RMA) number provided by Diagnostic or they will not be accepted. Please contact Diagnostic to be issued an RMA number.

Shipping to Diagnostic is the responsibility of the customer. Return shipping to the customer is provided by Diagnostic via UPS Ground in the contiguous United States and via UPS Expedited to international destinations. Alternate shipping methods are available at an additional cost to the customer.

Repairs or replacements will be warranted as long as this warranty is valid, or for a maximum of 90 days after and applicable to the specific repair should that repair be completed within the last 90 days of the warranty period.

In no event, and under no circumstance shall Diagnostic be liable to any individual or entity for any indirect, special, consequential, or incidental losses or damages, including without limitation, lost profits. This agreement does not warranty the function of this system with unsupported or future versions of computer hardware, operating system software, other 3rd party software, or SPOT™ software.

EXCEPT, AS EXPRESSLY SET FORTH IN THE AGREEMENT, DIAGNOSTIC INSTRUMENTS, INC., MAKES NO WARRANTIES OR REPRESENTATIONS TO THE DEALER OR USER, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE VALIDITY, NON-INFRINGEMENT, OR OWNERSHIP OF ANY PATENTS OR TECHNOLOGY IN OR CONCERNING THE CAMERA. DIAGNOSTIC INSTRUMENTS INC., HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, GUARANTIES, REPRESENTATIONS, OR CONDITIONS.

PN2370 8.2010

END USER LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, AND SPOT IMAGING, CONCERNING THE USE OF THE ENCLOSED SOFTWARE. THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND SPOT IMAGING.

BY OPENING THE SOFTWARE PACKAGE OR USING THE CD, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE PACKAGE OR USE THE CD. PROMPTLY RETURN THE CD, INCLUDING THE WRITTEN MATERIALS, THE BINDER, AND ALL OTHER EQUIPMENT/CONTAINERS TO THE DEALER FROM WHOM YOU PURCHASED THEM. YOU WILL RECEIVE A FULL REFUND.

License Grant

The package contains software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means SPOT Imaging.

We hereby grant you a nonexclusive, limited license to use one copy of the Software on any single computer, provided the Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer—for example, a hard disk, CD-ROM or other storage device.

Title

We remain the owner of all right, title and interest in the Software and Documentation. You will agree to use your best efforts to protect the software from unauthorized use, illegal reproduction, or illicit distribution. All data and information that you enter into or use in connection with the Software shall remain your sole and exclusive property.

Copyrights and Trade Secrets

Diagnostic Instruments owns all rights to the Software. This agreement does not convey ownership of the software to you, but only the right to use a copy of the software strictly in accordance with this agreement. The unauthorized duplication or distribution of the software or the documentation is an infringement of Diagnostic Instruments' rights to the software and may be subject to criminal and/or civil penalties.

Archival or Backup Copies

You may either:

Make one copy of the Software solely for backup or archival purposes, provided that the original copyright notice and/or other legend is reproduced on each copy, or
Transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes, and provided that the original copyright notice and/or other legend is reproduced on each copy.

Things You May Not Do

United States copyright laws and international treaties protect the software and documentation. You must treat the software and documentation like any other copyrighted material--for example a book. You may not:

Copy the Documentation (although you may print one working copy from a downloaded version
from our website)
Copy the Software except to make archival or backup copies as provided above
Modify, translate, or adapt the Software or merge it into another program
Make any attempt to discover the source code of the Software through reverse engineering
Place the Software onto a server so that it is accessible via a public network such as the Internet
Sublicense, rent, lease or lend any portion of the Software or Documentation

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer. Notwithstanding the foregoing or anything to the contrary in this agreement, you may share your rights to use the Software and Documentation with entities with which you are affiliated by means of common ownership or control.

Software Limited Warranty

We warrant that for a period of 1 year after delivery of this copy of the Software to you:

The physical media (if any) on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

Limited Remedy

Our entire liability and your exclusive remedy shall be:

The replacement of any CD (s) or other media not meeting our Limited Warranty which is returned to us or to an authorized Dealer or Distributor with a copy of your receipt, or
If we or an authorized Dealer or Distributor are unable to deliver a replacement CD (s) or other media that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software and Documentation and your money will be refunded.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

We shall at our sole cost and expense: (i) defend and/or settle any claim brought against you by an unaffiliated third party alleging that the Software and/or Documentation infringes or violates a third party’s intellectual property rights, and (ii) pay and indemnify any settlement of such claim or any damages awarded to such third party by a court of competent jurisdiction as a result of such claim.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to either return to us or destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

General Provisions

This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
This license agreement may be modified only by a written agreement signed by you and us that specifically supersedes this agreement.
The laws of the State of Michigan govern this license agreement.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

Trademarks

Adobe Photoshop is a registered trademark of Adobe Systems Incorporated. SPOT, Idea, Insight, RT, PathSuite, PathStand, PathStation, PathScope, PathStat, CytoXpress, PathTracker, BlocDoc, HistoSnap, CaseTender, MagMinder, and Correct Color Technology, are trademarks of SPOT Imaging/Diagnostic Instruments, Inc. Windows 95, Windows 98, Windows 98SE, Windows NT, Windows 2000, Windows ME, and Windows XP, Windows Vista, Windows 7/8/10 and Windows Office are registered trademarks of Microsoft, Inc. Mac OS is a registered trademark of Apple Computer, Inc. FireWire is a registered trademark of Apple Computer, Inc. and a licensed trademark of the 1394 Trade Association. All other product names mentioned in this document are the property of their respective trademark holders.

Warranty Information

In no event shall Diagnostic be liable for any consequential, indirect, incidental, or special damages of any nature arising from the sale or use of this product. In no event, and under no circumstance shall Diagnostic be liable to the Dealer or to any other individual or entity for any indirect, special, consequential, or incidental losses or damages, including without limitation, lost profits.

EXCEPT, AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SPOT IMAGING, MAKES NO WARRANTIES OR REPRESENTATIONS TO THE DEALER OR USER, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE VALIDITY, NON-INFRINGEMENT, OR OWNERSHIP OF ANY PATENTS OR TECHNOLOGY IN OR CONCERNING THE CAMERA. DIAGNOSTIC INSTRUMENTS INC., HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, GUARANTIES, REPRESENTATIONS, OR CONDITIONS. SPOT Imaging reserves the right to change any or all of this policy at any time. Copyright 2018, SPOT Imaging. All rights reserved.

END USER LICENSE AGREEMENT - LAB IMPROVEMENTS, LTD

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, AND LAB IMPROVEMENTS, LTD., CONCERNING THE USE OF THE ENCLOSED SOFTWARE. THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND LAB IMPROVEMENTS, LTD..

BY USING THE SOFTWARE ON THE INSTRUMENT INTERFACES OR THROUGH THE BROWSER INTERFACE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE INSTRUMENTS AND REMOVE THE BROWSER SHORTCUT FROM YOUR COMPUTER. PROMPTLY CONTACT THE SELLER OF YOUR SYSTEM OR LAB IMPROVEMENTS, LTD. TO ARRANGE A RETURN AND REIMBURSEMENT LESS ANY INSTALLATION AND RESTOCKING FEES..

License Grant

We hereby grant you a nonexclusive, limited license to use one instance of the Software on any single network. All instruments and browser connected users are licensed to use the software as authorized by your network administrator and managers.

Title

Copyrights and Trade Secrets

Lab Improvements, Ltd. owns all rights to the Software. This agreement does not convey ownership of the software to you, but only the right to use a copy of the software strictly in accordance with this agreement. The unauthorized duplication or distribution of the software or the documentation is an infringement of Lab Improvements Limited’s rights to the software and may be subject to criminal and/or civil penalties.

Archival or Backup Copies

You may either:

Make one copy of the Software solely for backup or archival purposes, provided that the original copyright notice and/or other legend is reproduced on each copy, or
Transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes, and provided that the original copyright notice and/or other legend is reproduced on each copy.

Things You May Not Do

Copy and distribute the Documentation outside of Your institution (you may print the documentation for internal use)
Copy the Software except to make archival or backup copies as provided above
Modify, translate, or adapt the Software or merge it into another program
Make any attempt to discover the source code of the Software through reverse engineering
Place the Software onto a server so that it is accessible via a public network such as the Internet
Sublicense, rent, lease or lend any portion of the Software or Documentation

Transfers

Software Limited Warranty

We warrant that for a period of 1 year after the delivery and installation of the Software to you and for each year under which the software is covered by a Preventative Maintenance Agreement:

The physical media (if any) on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and
The Software will perform in substantial accordance with the Documentation.

Limited Remedy

Our entire liability and your exclusive remedy shall be:

The replacement of the software not meeting our Limited Warranty with an updated copy, or
If we or an authorized Dealer or Distributor are unable to deliver a replacement software that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Instruments and deleting the Software and Documentation from your infrastructure and receiving a refund less any installation and restocking fees.

Term and Termination

This license agreement takes effect upon installation of the software and remains effective until terminated. You may terminate the license at any time by removing the software from your infrastructure. We have no obligation to provide updates to the Software to address issues or compatibility to computer operating systems or 3rd party software unless the software is covered by a Preventative Maintenance contract. Updates to the software or instrument firmware can and will be installed via a virtual connection to the system or during scheduled preventative maintenance appointments.

Confidentiality

General Provisions

This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
This license agreement may be modified only by a written agreement signed by you and us that specifically supersedes this agreement.
The laws of the State of Michigan govern this license agreement.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

Trademarks

Any and all product names mentioned in this document are the property of their respective trademark holders.

Warranty Information

In no event shall Lab Improvements or its sales and integration partners be liable for any consequential, indirect, incidental, or special damages of any nature arising from the sale or use of this product. In no event, and under no circumstance shall Lab Improvements be liable to the Sales and Integration partner or to any other individual or entity for any indirect, special, consequential, or incidental losses or damages, including without limitation, lost profits.

EXCEPT, AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LAB IMPROVEMENTS, MAKES NO WARRANTIES OR REPRESENTATIONS TO THE SALES AND INTEGRATION PARTNER OR USER, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE VALIDITY, NON-INFRINGEMENT, OR OWNERSHIP OF ANY PATENTS OR TECHNOLOGY IN OR CONCERNING THE SYSTEM SOLUTION. LAB IMPROVEMENTS, LTD., HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, GUARANTIES, REPRESENTATIONS, OR CONDITIONS.

LAB IMPROVEMENTS, LTD reserves the right to change any or all of this policy at any time.

Lab Improvements, Ltd.