My QIAGEN Terms of Use

Welcome to MY QIAGEN. QIAGEN GmbH and/or its affiliates ("QIAGEN") provide website features and other products and services to you when you visit or shop at QIAGEN.com, use QIAGEN web products or services, use QIAGEN applications for mobile, or use software provided by QIAGEN in connection with any of the foregoing (collectively, "QIAGEN Services"). QIAGEN provides the QIAGEN Services subject to the following terms and conditions.

BY USING QIAGEN SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.

QIAGEN offers a range of QIAGEN Services, and sometimes additional terms may apply. When you use an QIAGEN Service (for example, My Account, GeneGlobe, QIASphere, or QIAGEN applications ) you also will be subject to the guidelines, terms and agreements applicable to that QIAGEN Service ("Service Terms & Conditions"). If these Terms of Use are inconsistent with the Terms & Conditions, those Service Terms & Conditions will control.

PLEASE NOTE THAT IF YOU SIGN UP FOR MY QIAGEN OR ANY QIAGEN SERVICES USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.

These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access a Cloud Product, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for MY QIAGEN or any QIAGEN Services, create a MY QIAGEN account, or place an order.

1. MY QIAGEN ACCOUNT
You need your own QIAGEN account to use certain QIAGEN Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. QIAGEN reserves the right to refuse service, terminate accounts, terminate your rights to use QIAGEN Services, remove or edit content, or cancel orders in its sole discretion.
By registering to MyQIAGEN, you submit your information to QIAGEN, who will use it to communicate with you. QIAGEN may also use your personal information for internal business and marketing purposes, including but not limited to webinar and raffle registration, product, trial, educational and events information. The information will not be sold to any third party. QIAGEN may transfer your personal information to our CRM system (hosted by SalesForce.com, Inc. and Oracle Corp.) and our commercial partners solely for the purposes of data hosting, phone calls and QIAGEN email distribution. You may adjust your preferences by visiting our preference center to update your communication, personal data and cookie preferences to choose what content you receive from us. Your data will be processed in compliance with applicable privacy laws including the EU General Data Protection Regulation. Please refer to our Privacy Policy for further information.

2. LICENSE AND ACCESS
Subject to you adhering to these Terms of Use and any Service Terms & Conditions, and your payment of applicable fees (if any), QIAGEN or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the QIAGEN Services. This license does not include any resale or commercial use of any QIAGEN Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any QIAGEN Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service & Conditions Terms are reserved and retained by QIAGEN or its licensors, suppliers, publishers, rightsholders, or other content providers. No QIAGEN Service, nor any part of any QIAGEN Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of QIAGEN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of QIAGEN without express written consent. You may not use any meta tags or any other "hidden text" utilizing QIAGEN's name or trademarks without the express written consent of QIAGEN. You may not misuse the QIAGEN Services. You may use the QIAGEN Services only as permitted by law. The licenses granted by QIAGEN terminate immediately in case of non-compliance on your part with these Terms of Use or any Service Terms & Conditions.

3. COMMUNICATIONS
When you use QIAGEN Services, or send e-mails, text messages, form submissions and other communications from your desktop or mobile device to us, you may be communicating with us electronically. Also, you give us a consent to receive communications from us via emails, texts mobile push notifications and phone (subject to the contact information you provided), on this site or through the other QIAGEN Services, such as our Message Center. Additionally, QIAGEN may use your personal information for internal business and marketing purposes. The information will not be sold to any third party. QIAGEN may transfer your personal information to our CRM system (hosted by SalesForce.com, Inc. and Oracle Corp.) solely for the purposes of data hosting and QIAGEN email distribution. You may manage your preferences regarding communication and marketing in your My QIAGEN preference center at any time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. COPYRIGHT
All content included in or made available through any QIAGEN Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of QIAGEN or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any QIAGEN Service is the exclusive property of QIAGEN and protected by U.S. and international copyright laws.

5. TRADEMARKS
Any, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any QIAGEN Service are trademarks or trade dress of QIAGEN. QIAGEN's trademarks and trade dress may not be used in connection with any product or service that is not QIAGEN's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QIAGEN. All other trademarks not owned by QIAGEN that appear in any QIAGEN Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by QIAGEN.

6. PATENTS
One or more patents owned by QIAGEN apply to the QIAGEN Services and to the features and services accessible via the QIAGEN Services. Portions of the QIAGEN Services operate under license of one or more patents.

7. PRIVACY & DATA PROTECTION
Please review our Privacy Policy, which also governs your use of QIAGEN Services, to understand our practices.

8. USE OF COOKIES
Our website uses cookies. Cookies are text files that are stored in the internet browser or the internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.
Cookies may be distinguished into these major groups: "necessary", “analytics” and “marketing”.

Usage of cookies

The table below summarises how we and third parties use cookies on our website. Those uses include using cookies to:

• understand the total number of visitors to our sites on an ongoing basis and the types of internet browsers (e.g. Firefox, Safari or Internet Explorer) and operating systems (e.g. Windows or Macintosh) used by our visitors;
• monitor our sites’ performance, including how visitors navigate our websites, and to improve our websites.

Types of cookies used

To be able to use the full functionality (personalization, relevant contents, recommendations, targeted discounts) of My QIAGEN the following cookies need to be accepted and activated:

If you choose to reject cookies, you might not use all the functionalities of this website.

You can block cookies by changing your browser settings so that cookies from our website cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” facility). Disabling a cookie or category of cookie does not delete the cookie from your browser. You will need to do this yourself from within your browser.

If you choose to cancel, delete or activate cookies on your computer or mobile device, you may also use the options offered by the tools of the third parties.

8. APP PERMISSIONS
When you use apps created by QIAGEN you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

9. SANCTIONS AND EXPORT POLICY
You may not use any QIAGEN Service if you are the subject of U.S. or EU sanctions or of sanctions consistent with U.S. law or EU Regulations imposed by the governments of the country where you are using QIAGEN Services. You must comply with all U.S., EU or other export and re-export restrictions that may apply to goods, software (including QIAGEN Software), technology, and services.

10. OTHER BUSINESSES
Parties other than QIAGEN operate stores, provide services or software, or sell product lines through the QIAGEN Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from QIAGEN. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). QIAGEN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
QIAGEN AND ITS SUPPLIERS PROVIDE THE QIAGEN SERVICES PROVIDED IN CONNECTION HEREWITH “AS IS” AND MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE, WITH RESPECT TO SERVICES DELIVERED HEREUNDER OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, RELIABILITY, USEFULNESS, DATA ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER QIAGEN NOR ANY OF ITS SUPPLIERS WARRANTS THAT THE QIAGEN SERVICES OR ANY PART THEREOF OR SERVICES DELIVERED HEREUNDER WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR- FREE, OR THAT ANY ERRORS WILL BE CORRECTED.
YOU HEREBY ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND QIAGEN DOES NOT AND CANNOT GUARANTEE THAT CUSTOMER UPLOADED DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE QIAGEN SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CUSTOMER UPLOADED DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT QIAGEN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE LICENSED MATERIALS, AND/OR CUSTOMER UPLOADED DATA. QIAGEN SHALL NOT BE RESPONSIBLE OR LIABLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR UNDER THESE TERMS OR FOR BREACH OF THESE TERMS OR IN CONNECTION WITH THE PROVISION OF ACCESS TO ANY PRODUCTS OR ANY SERVICES HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNTS PAID TO QIAGEN BY YOU (AND IN THE CASE OF YOUR LIABILITY ANY AMOUNTS PAID OR DUE) IN CONNECTION WITH THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO ANY BREACH OF CONFIDENTIALITY, OR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 9, QIAGEN IS ALSO NOT LIABLE FOR ACTS OF SIMPLE NEGLIGENCE (UNLESS THEY CAUSE INJURIES TO OR DEATH OF ANY PERSON), EXCEPT WHEN THEY ARE CAUSED BY A BREACH OF ANY SUBSTANTIAL CONTRACTUAL OBLIGATIONS (VERTRAGSWESENTLICHE PFLICHTEN). THE SUBSTANTIAL CONTRACTUAL OBLIGATIONS INCLUDE SUCH OBLIGATIONS WHOSE INFRINGEMENT WOULD JEOPARDIZE THE PURPOSE OF THE CONTRACT AND WHOSE FULFILLMENT THE CONTRACTING PARTY CAN LEGITIMATELY RELY ON

12. APPLICABLE LAW
The QIAGEN Services are governed and interpreted in accordance with the laws of Germany., without reference to its conflict of law principles. Subject to the arbitration clause (where relevant), the parties hereby consent to the exclusive jurisdiction of, and venue in, the state and federal courts within Düsseldorf. The United Nations Convention on Contracts for the Sale of Goods shall not apply to this Agreement.

13. CONTACT ADDRESS
QIAGEN GmbH
Qiagen Straße 1
40724 Hilden
Germany
www.qiagen.com

14. ADDITIONAL QIAGEN SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with QIAGEN Services (the "QIAGEN Software").

1. Use of the QIAGEN Software. You may use QIAGEN Software solely for purposes of enabling you to use the QIAGEN Services as provided by QIAGEN, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the QIAGEN Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the QIAGEN Software in whole or in part. All software used in any QIAGEN Service is the property of QIAGEN or its software suppliers and is protected by copyright laws.
2. Use of Third Party Services. When you use the QIAGEN Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. Government End Users. If you are a U.S. Government end user, we are licensing the QIAGEN Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the QIAGEN Software are the same as the rights we grant to all others under these Conditions of Use.
4. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the QIAGEN Software, whether in whole or in part.
5. Updates. QIAGEN may offer automatic or manual updates to the QIAGEN Software at any time and without notice to you.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other QIAGEN or third-party terms applicable to any portion of QIAGEN Software, such as open-source license terms, such other terms will control as to that portion of the QIAGEN Software and to the extent of the conflict.