SYSMEX CORPORATION

User Guide
Terms of Use
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Sysmex Corporation ("Company,""we," "us," "our") provides this website and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.

This Agreement is made between Company and you, the Site visitor ("you"). We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
Change any fees or charges for use of the Site.
Upon our request, you agree to sign a non-electronic version of this Agreement.
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1.Code of Conduct 8. Rules for Sweepstakes, Contests, and Games
2. Information 9. Termination
3. Purchases 10. Modifications to Agreement
4. Submissions and Postings 11. Disclaimers
5. Forums 12. Limitation of Liability
6. Ownership and Restrictions on Use 13. Indemnification
7. Jurisdictional Issues 14. Miscellaneous
1. Code of Conduct
While using the Site and/or Software (as defined in Section 7 below) you agree not to:
* Restrict or inhibit any other visitor from using the Site or downloading the Software, including, without limitation, by means of "hacking" or defacing any portion of the Site;
* Use the Site or Software for any unlawful purpose;
* Express or imply that any statements you make are endorsed by us, without our prior written consent;
* Transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or infringes on our or any third party*s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, multi-level marketing schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
* Engage in spamming or flooding;
* Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
* Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
* Remove any copyright, trademark or other proprietary rights' notices contained in the Site;
* "Frame" or "mirror" or "deep link" any part of the Site without our prior written authorization;
* Link to any page of or material on the Site other than to the home page of the Site;
* Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
* Harvest or collect information about Site visitors without their express consent;
* Intentionally solicit minors or harm minors in any way;
* Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or contained on the Site, or develop restricted or password-only access pages or hidden pages or images;
* Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
* "Stalk" or otherwise harass another.
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2. Information
If you want to participate in certain functions and/or view certain information available on the Site we may ask you to provide us with certain information. For example, if you want to track your order, we will ask you to provide us with your customer number and purchase order number. When providing such information you agree to: (a) provide accurate, current and complete information, and (b) maintain and update certain of such information (e.g., your email address) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate this Agreement and your use of the Site.
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3. Purchases
From time to time, we may offer products or services that you may purchase on the Site. If you wish to purchase products or services described on the Site you will be asked by Company (or, if you are purchasing the product or service through a cobranded area of the Site, you may be asked by a third-party provider of the product or service) to supply certain information applicable to your purchase, which may include, without limitation, credit card and other financial or other information. You understand that any such information submitted to Company will be treated by Company in the manner described in our Privacy Policy, which is located at http://www.sysmex.co.jp/en/privacy/index.html. You further understand that any such information submitted to third-party providers of products or services will be treated by such providers as described in each provider's privacy policy and that Company has no control over such providers' privacy practices. You agree that all information that you provide to Company and to third-party providers will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account by credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases of products or services on the Site.

Descriptions or images of, or references to, products or services on the Site do not imply Company's endorsement of such products or services. We reserve the right, without prior notification and in our sole discretion, to change such descriptions or references, or to limit the order quantity on any product or service and/or refuse service to you. Verification of information may be required prior to Company's acceptance of any order. Price and availability of any product or service are subject to change without notice.
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4. Submissions and Postings
Please note that, because we and our designees may host chat rooms, message boards and other forums found on the Site (collectively, the "Forums") and therefore redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Materials"), or by posting such Materials to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you and/or the provider of the Materials. None of the Materials shall be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and Company shall not be liable for any use or disclosure of any Materials to any third person or entity.
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5. Forums
Our Forums are designed to allow users of the Site the ability to communicate with each other and collect information. Information on our Forums is sometimes provided by our staff and sometimes by other contributors, some of whom use anonymous screen names and are not otherwise connected with Company. We recognize that while we make available a large volume of information in our Forums, people occasionally post messages or make statements that are inaccurate, misleading or deceptive, whether intentionally or unintentionally. We neither endorse nor are responsible for any opinion, advice, information or statement made or displayed on the Site or in the Forums by third parties. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on any information obtained through the Site.

The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Company. We have no obligation to monitor the Site or the Forums, or any other materials that you or third parties transmit or post on the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our visitors; and to comply with legal obligations or governmental requests. Postings that, in our sole discretion, contain materials that are libelous, defamatory, obscene, pornographic, abusive, discriminatory on the basis of sex, race, religion, national origin or otherwise, contain offensive language or confidential information, violate or are likely to violate any applicable laws, are purposely false, violate the intellectual property rights (e.g., trademark, copyright, patent, etc.) of another, or are otherwise unacceptable or objectionable will be deleted. We reserve the right, in our sole discretion, to terminate your right to participate in any Forum.
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6. Ownership and Restrictions on Use
(c)2002 Sysmex Corporation. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

If you download any software from the Site (e.g., the Sysmex Artery Screensaver), such software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property and other proprietary rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third person or entity.

"Sysmex Corporation", the Company logo, "Sysmex", "Futuristic Pulse", "Networking Diagnostics", "www.sysmex.com", "www.sysmex.co.jp", www.toamedical.co.jp, "www.ras.co.jp", "www.sysmex-europe.com", "www.sysmex.co.uk", "www.sysmex.com.sg", "www.sysmex.com.br", "www.sysmex.de", "www.sysmex.dk", "www.molis.be", "www.imicos.be", are domain names, trademarks, logos and/or service marks of Sysmex Corporation and/or its affiliated companies. All other trademarks, service marks and logos used on the Site and/or the Software are the trademarks, service marks or logos of their respective owners.
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7. Jurisdictional Issues
The Site is solely directed to individuals residing in Japan. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is further subject to Japan export controls. No Software may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries to which export of some goods shall be subject to the approval of relevant governmental authorities of Japan. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, Software or other product described thereon to any person, geographic area or jurisdiction that we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program, Software or other product that we provide.
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8. Rules for Sweepstakes, Contests, and Games
Any sweepstakes, contests and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular sweepstakes, contest or game, and to review our Privacy Policy located at http://www.sysmex.co.jp/en/privacy/index.html which, in addition to this Agreement and the specific rules of each sweepstakes, contest or game, governs any information you submit in connection with such sweepstakes, contests and games.
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9. Termination
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site, including any downloaded Software, and all copies thereof, whether made under the terms of this Agreement or otherwise.
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10. Modifications to Agreement
During the term of this Agreement, Company may, in its sole discretion, revise the terms and conditions of this Agreement at any time and for any reason, such revisions to become effective upon posting. You agree to review the Site, including this Agreement, periodically to ensure compliance with any such revisions. Your use of the Site after any revisions become effective shall be deemed acceptance of all such revisions. Your sole remedy if you do not agree with all of the terms and conditions of any revised agreement is to terminate your use of the Site.
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11. Disclaimers
THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, SUPPLIERS, AGENTS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Forums could include inaccuracies or errors, or materials that violate provisions of this Agreement (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please notify us by email at Webmaster with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
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12. Limitation of Liability
EITHER COMPANY NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SOFTWARE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE FIVE-HUNDRED DOLLARS.
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13. Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
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14. Miscellaneous
This Agreement is governed by and construed in accordance with the laws of Japan, without regard to its principles of conflicts of law. Company and you agree that any and all actions arising out of this Agreement shall be brought to before the Kobe District Court of Japan for the first instance, and waive any jurisdictional, venue or inconvenient forum objections to such court in relation to any such action. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
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Sysmex Corporation

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