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The pages of the perkinelmer.com website (or portions thereof) that relate to the analytical and enterprise solutions business (the “AES Section”) are provided by PerkinElmer U.S. LLC and its subsidiaries as of March 13, 2023, and thereafter (collectively, “PerkinElmer AES” or “we” or “us”). For clarity, as of March 13, 2023, PerkinElmer AES is no longer affiliated with PerkinElmer Inc. or the life sciences and diagnostics business (“PerkinElmer LSDX”). You can access the website terms and conditions for PerkinElmer LSDX here.
Please note that certain webpages of the perkinelmer.com website, including pages within the AES Section, are shared between the PerkinElmer AES and PerkinElmer LSDX. You are advised to read the website terms and conditions for both PerkinElmer AES and PerkinElmer LSDX each time you visit the perkinelmer.com website.
By using the AES Section or downloading materials from the AES Section, you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions and our privacy notice available here, please do not use the AES Section or download materials from the AES Section. In addition, we may revoke or suspend your right to use all or any portion of the AES Section at any time, for any reason.
WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY
PERKINELMER AES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE AES SECTION FOR ANY PURPOSE. THE AES SECTION OF THE AES SECTION AND ALL OF THE INFORMATION IT CONTAINS IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL PERKINELMER AES BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE AES SECTION OR ANY OTHER WEBSITE TO WHICH THE AES SECTION IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION EVEN IF PERKINELMER AES HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. OUR LIABILITY WITH RESPECT TO YOUR USE OF THE AES SECTION IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITH RESPECT TO ANY DAMAGES, LIABILITIES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE OR OTHER COMPUTER MALFUNCTION. YOUR USE OF THE AES SECTION AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK.
Content Disclaimer
PerkinElmer AES shall not be responsible for any errors or omissions contained in the AES Section and reserves the right to make changes to the AES Section, the materials and the products, programs, services or prices (if any) described in the AES Section at any time without notice. User therefore acknowledges and accepts that the information published on the AES Section may include technical or other inaccuracies or typographical errors. In addition, while we take commercially reasonable efforts to ensure that the AES Section is secure, we do not and cannot guarantee the security of the AES Section.
License Disclaimer
Nothing on the AES Section shall be construed as conferring any license to any of the information available on the AES Section or under any of PerkinElmer AES’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
Notice Specific to Documents Available on the AES Section
Permission to use documents such as data sheets, white papers, technical guides, and press releases contained within the AES Section is granted, provided that (1) the following copyright notice appears in all copies: Copyright© 2023 PerkinElmer U.S. LLC. All rights reserved, and that both the copyright notice and this permission notice appear, (2) use of such documents from the AES Section is for informational and non-commercial or personal use only and the documents will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above for documents specified above does not include the design or layout of the perkinelmer.com website (including the AES Section) or any other PerkinElmer AES owned, operated, licensed or controlled website. Elements of the AES Section are protected by intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any PerkinElmer AES website (including the AES Section) may be copied or retransmitted unless expressly permitted by PerkinElmer AES.
Links to Third Party Websites
The hypertext links on the AES Section will allow you to leave the AES Section. The links are provided as a service to users and are not sponsored by or affiliated with the AES Section or under the control of PerkinElmer AES. The links are to be accessed at the user’s own risk, and PerkinElmer AES and the authors of the AES Section make no representation or warranties about the content of these links. PerkinElmer AES is not responsible for the safety or content of any links, linked website or any link contained in a linked website. PerkinElmer AES is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PerkinElmer AES of the website.
Unsolicited Information
Any personal information you may provide to PerkinElmer AES via the AES Section is subject to the Privacy Notice associated with the AES Section available here. If you provide personal information via a visit to a website page that relates to both the PerkinElmer AES and PerkinElmer LSDX, then the privacy policy of PerkinElmer LSDX will also apply.
PerkinElmer AES does not want you to, and you should not, send any confidential or proprietary information to PerkinElmer AES via the AES Section. You agree that any information or materials that you or individuals acting on your behalf provide to PerkinElmer AES will not be considered confidential or proprietary. By providing any such information or materials to PerkinElmer AES, you grant to PerkinElmer AES an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials without compensation of any kind, and you further agree that PerkinElmer AES is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to PerkinElmer AES.
You further recognize that PerkinElmer AES does not want you to, and you warrant that you shall not, provide any information or materials to PerkinElmer AES that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Restrictions on Use
You may not access the AES Section or use the information contained in the AES Section for any illegal purpose or in any manner inconsistent with these terms and conditions. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the AES Section’s infrastructure, or use any device or computer software to interfere with all or any portion of the AES Section, including any of the software comprising or in any way making up a part of the AES Section. You also agree not to scrape, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process to copy any portion of the AES Section.
Claims Resulting From Your Use of the AES Section
As a condition of use of the AES Section, you, the end user, agree to indemnify PerkinElmer AES and its content providers from and against any and all liabilities, expenses, including attorneys’ fees and damages arising out of claims resulting from your use of the AES Section, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Trademarks
The PerkinElmer trademark and design and other marks referenced herein are either trademarks or registered trademarks owned or licensed by PerkinElmer AES. Other product and company names mentioned herein are the trademarks of their respective owners. PerkinElmer AES prohibits the use of any PerkinElmer trademarks as “hot” links to any PerkinElmer AES website (including the AES Section) unless the establishment of such link is approved in advance in writing by PerkinElmer AES.
Rights Reserved
Any rights not expressly granted herein are reserved. PerkinElmer AES reserves the right to change these terms and conditions at any time by revising the terms and conditions herein and posting the modified version on the AES Section. Users are responsible for regularly reviewing these terms and conditions. Continued use of the AES Section following any such changes shall constitute the user’s acceptance of such changes. PerkinElmer AES may also impose limits on certain features and services or restrict your access to parts or the entire AES Section without notice or liability.
This Agreement
These terms constitute an agreement for use and the entire agreement between PerkinElmer AES and the user for the use of the AES Section. This agreement supersedes any and all other agreements, understandings, and communications between the parties regarding the use of the AES Section.
PerkinElmer AES may assign or transfer any of its rights or obligations under these terms to an affiliate or third party. PerkinElmer AES will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these terms. These terms do not confer any benefits on any third party unless these terms expressly state that they do. If any part of these terms are invalid, illegal or unenforceable, the rest of these terms will remain in effect.
PerkinElmer AES makes no representation that materials available on the AES Section are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the AES Section or export the information contained herein in violation of U.S. or other applicable export laws and regulations. If you access the AES Section from locations outside of the United States, you are responsible for compliance with all local and other applicable laws. These terms and conditions shall be governed by the laws of New York. You agree to waive trial by jury in any action related to these terms and conditions. Use of the AES Section is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the user and PerkinElmer AES as a result of this agreement or use of the AES Section. User agrees not to hold him or herself out as a representative, agent or employee of PerkinElmer AES and PerkinElmer AES shall not be liable for any representation, act or omission of the user.
Forward-Looking Statements and Information
The AES Section contains “forward-looking” statements within the meaning of the Private Securities Litigation Reform Act of 1995, including, but not limited to, statements relating to estimates and projections of future earnings per share, cash flow and revenue growth and other financial results, developments relating to our customers and end-markets, and plans concerning business development opportunities. Words such as “believes,” “intends,” “anticipates,” “plans,” “expects,” “projects,” “forecasts,” “will” and similar expressions, and references to guidance, are intended to identify forward-looking statements. Such statements are based on management’s current assumptions and expectations and no assurances can be given that our assumptions or expectations will prove to be correct. A number of important risk factors could cause actual results to differ materially from the results described, implied or projected in any forward-looking statements. These factors include, without limitation: (1) markets into which we sell our products decline or do not grow as anticipated; (2) fluctuations in the global economic and political environments; (3) our failure to introduce new products in a timely manner; (4) our ability to execute acquisitions and license technologies, or to successfully integrate acquired businesses and licensed technologies into our existing business or to make them profitable; (5) our failure to adequately protect our intellectual property; (6) the loss of any of our licenses or licensed rights; (7) our ability to compete effectively; (8) fluctuation in our quarterly operating results and our ability to adjust our operations to address unexpected changes; (9) significant disruption in third-party package delivery and import/export services or significant increases in prices for those services; (10) disruptions in the supply of raw materials and supplies; (11) the manufacture and sale of products may expose us to product liability claims; (12) our failure to maintain compliance with applicable government regulations; (13) regulatory changes; (14) our failure to comply with health care industry regulations; (15) economic, political and other risks associated with foreign operations; (16) our ability to retain key personnel; (17) significant disruption in our information technology systems; (18) restrictions in our credit agreements; (19) our ability to realize the full value of our intangible assets; (20) significant fluctuations in our stock price; (21) reduction or elimination of dividends on our common stock; and (22) other factors which we describe under the caption “Risk Factors” in our most recent annual report on Form 10-K and in our other filings with the Securities and Exchange Commission. We disclaim any intention or obligation to update any forward-looking statements as a result of developments occurring after the date of the AES Section.
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