Try Before You Buy - MyGlo™ Reagent Reader

These Terms and Conditions (“Terms”) govern participation in the Promega Corporation (“Promega”) “Try Before You Buy” Program (the “Program”), under which eligible participants (“Participants”) may receive a trial unit of the MyGlo device (the “Device”) for temporary evaluation and internal research use. By accepting delivery of the Device or otherwise participating in the Program, Participant acknowledges and agrees to be bound by these Terms.

1. Eligibility

1.1 Eligible Participants: Participation in the Program is limited to individuals who are: a) Employed by a registered research institution or laboratory; and b) Physically located within a jurisdiction identified by Promega as eligible for participation.

1.2 Authorization & Age Requirement: Participants must: a) Be at least eighteen (18) years of age; and b) Have the express authority, under their institutional policies, to accept laboratory equipment and software for evaluation purposes.

1.3 Ineligible Parties: The Program is not open to: a) Any individual employed by a government entity or government-affiliated institution, including academic institutions receiving government funding, where the acceptance of promotional items, equipment loans, or gifts is prohibited or restricted by applicable law, regulation, or policy; or b)Any individual or entity on a U.S. or international sanctions list, export control list, or other restricted party list.

1.4 Verification: Promega reserves the right, in its sole discretion, to verify eligibility and to reject any Participant who does not meet the eligibility criteria or fails to provide sufficient proof thereof.

2. Trial Period

2.1 Duration: The Device is provided free of charge for a three (3) month trial period, commencing on the date of delivery to the Participant (“Trial Period”).

2.2 No Purchase Obligation: Participation in the Program does not require the purchase of any Promega product or service.

2.3 Promega’s Rights: Promega may, in its sole discretion, extend, modify, or terminate the Trial Period upon written notice to the Participant.

3. Use Restrictions

3.1 Permitted Use: The Device is provided exclusively for internal, non-commercial research use by the Participant's employing institution and shall not be used for: a) Diagnostic, therapeutic, or clinical applications; b) Human or animal subject testing; or c) Any purpose inconsistent with applicable laws or institutional guidelines.

3.2 Prohibited Use: The Device may not be: a) Sold, leased, sublicensed, transferred, loaned, or otherwise distributed to any third party; b) Reverse engineered, disassembled, or modified; or c) Used in any manner that violates export control laws or intellectual property rights.

3.3 Compliance: Participant represents and warrants that they will comply with all applicable federal, state, local, and institutional laws, regulations, and guidelines in connection with their use of the Device.

4. Title and Return of Device

4.1 Title and Ownership: The Device is provided on a temporary evaluation basis only. Title to and ownership of the Device shall remain solely and exclusively with Promega at all times, unless and until a formal purchase agreement is executed and full payment is received by Promega. Participant acknowledges that no ownership rights are conferred through participation in the Program.

4.2 Obligation to Return: Unless Promega expressly agrees otherwise in writing, Participant must return the Device to Promega in accordance with Promega’s instructions no later than ten (10) business days following the expiration of the Trial Period.

4.3 Condition Upon Return: The Device must be returned in good working condition, with reasonable wear and tear excepted. Promega reserves the right to inspect the returned Device and invoice the Participant or their institution for repair or replacement costs due to damage exceeding normal use.

4.4 Failure to Return: Failure to return the Device in a timely manner, or returning it in damaged condition, may result in Promega invoicing the Participant’s institution for the full retail value of the Device, in addition to any applicable legal remedies.

5. Feedback and Data Use

5.1 Feedback Requests: Participants may be invited to participate in surveys, interviews, or other feedback activities regarding their experience with the Device.

5.2 Use of Feedback: By providing feedback, Participant grants Promega a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, and incorporate such feedback into Promega’s products, services, or marketing, provided that any such use will not identify the Participant or their institution without prior written consent.

5.3 Confidentiality: Promega will maintain the confidentiality of any proprietary or sensitive information shared by Participant during feedback activities, subject to applicable privacy policies and legal obligations.

6. Program Modification and Termination

6.1 Promega reserves the right to modify, suspend, or terminate the Program, in whole or in part, at any time and for any reason, with or without prior notice.

6.2 In the event of termination, Participant must promptly return the Device in accordance with Section 4 of these Terms.

7. Limitation of Liability

7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMEGA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PROGRAM OR USE OF THE DEVICE.

7.2 IN NO EVENT SHALL PROMEGA’S TOTAL CUMULATIVE LIABILITY EXCEED THE FAIR MARKET VALUE OF THE DEVICE PROVIDED UNDER THE PROGRAM.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Madison Wisconsin.

9. Miscellaneous

9.1 Entire Agreement: These Terms constitute the entire agreement between Promega and the Participant with respect to the Program and supersede all prior communications or agreements, whether oral or written.

9.2 No Waiver: The failure of Promega to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other right.

9.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

For any questions or concerns, please contact Promega at ProNect-CX@promega.com.