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Mountain States Consulting, LLC (hereinafter, "MSC") is committed to complying with copyright and related laws, and expects all Users of the MSC-LIMS.COM website and Participants in the "Customer's Only Discussion Forum" (hereinafter, "Users") to comply with such laws as well. Using the website to transmit any content (by email, uploading, posting or otherwise) or to engage in any activity that infringes any copyright or any other right of a third party violates these Terms and Conditions of Service. Users represent and warrants to MSC:
User agrees to indemnify MSC for all claims resulting from content that User supplies. User agrees that MSC, in its sole discretion, and for any reason, may terminate part or all of User's access to the Site and/or Forum and delete any content transmitted to or through the Site and/or Forum. User agrees that MSC may terminate User's access to the Forum at any time and without prior notice.
MSC respects the rights of all copyright holders and in this regard, MSC has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and Participants who infringe the rights of copyright holders.
If you believe that your work has been copied on MSC-LIMS.COM in a way that constitutes infringement under the Copyright Act, please provide the following information to MSC's Copyright Agent for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Millennium Copyright Act, please see 17 U.S.C. ¤ 512 (c )(3)):
MSC's Designated Agent can be contacted at:
By Mail: Richard D. Collard
Mountain States Consulting, LLC
970 West Broadway #471
Jackson, Wyoming 83001-9475 USABy Phone: 307-733-1442 By Email: rcollard@msc-lims.com
A. MSC-LIMS.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text and software, and the entire contents of MSC-LIMS.COM are copyrighted as a collective work under the United States copyright laws. MSC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Visitors to MSC-LIMS.COM may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MSC as the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Visitor acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
B. MSC-LIMS.COM contains downloadable software in the Download and Customers Only portion of the site. The software is copyrighted under the United States copyright laws. MSC owns a copyright in the selection, coordination, arrangement and enhancement of such software, as well as in the content original to it. Customers of MSC-LIMS may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the software, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MSC as the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Customer acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
MSC-LIMS and its logo is a trademark of Mountain States Consulting, LLC. All rights reserved.
Customers who have purchased and installed MSC-LIMS software (hereinafter, "MSC-LIMS") and who maintain a current Annual Maintenance agreement, shall be granted access to the Customers Only portion of the MSC-LIMS.COM website (hereinafter, the "Site"). Such customers' participation in the Discussion Forum (the "Forum") shall be bound by the following terms of conduct:
A. Participants shall use the Forum for lawful purposes only. Participants shall not post or transmit any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MSC's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Participant that in MSC's discretion restricts or inhibits any other Participant from using or enjoying the Forum will not be permitted.
B. Participants shall not upload, post or otherwise make available on the Forum any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Participant. Participant shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material the Forum, Participant automatically grants, or warrants that the owner of such material has expressly granted MSC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Participant also permits any other Participant to access, view, store or reproduce the material for that Participant's personal use. Participant hereby grants MSC the rights to edit, copy, publish and distribute any material made available on the Forum by Participant.
C. Monitoring.
MSC shall have the right, but not the obligation, to monitor the content of the Forum, to determine compliance with this Agreement and any operating rules established by MSC and to satisfy any law, regulation or authorized government request. MSC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Forum. Without limiting the foregoing, MSC shall have the right to remove any material that MSC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
D. Third Party Content.
MSC is a distributor (and not a publisher) of content supplied by third parties to the Forum. Accordingly, MSC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Participants, are those of the respective author(s) or distributor(s) and not of MSC. MSC does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.