Legal Notices

COPYRIGHT INFORMATION

Copyright © 2001- by BioFire Diagnostics, LLC. (“BioFire”). All rights reserved. This information is subject to change without notice. No part of this site may be reproduced without express written permission from BioFire. Requests for permission should be directed to BioFire’s Sales Department at marcom@biofiredx.com.

PATENT INFORMATION

The purchase of any of the instruments listed in the table below includes a limited, nontransferable instrument license under specific claims of one or more corresponding U.S. patent(s) listed next to such instrument and foreign counterparts thereof. The purchase of any of the kits, reagents and/or probes listed in the table below includes a limited, nontransferable license under specific claims of one or more corresponding U.S. patent(s) and foreign counterparts thereof listed next to such kit, reagent or probe to use the enclosed amount(s) according to the specified protocols. The above licenses include a limited, nontransferable license to all claims of substantially the same scope in any continuations, divisionals, reexaminations, reissues or foreign counterparts, as well as any continuations-in-part to the extent that such rights are necessary for the practice of the subject matter of the recited claims of one or more of the below-applicable U.S. Patent(s) and foreign counterparts thereof. If you don’t see a particular BioFire product listed below, please feel free to contact Jill Powlick at (801) 262-3592 ext.1423 or USPatents@biomerieux.com or Legal.Diagnostics@biofiredx.com for further information on its intellectual property status.


Product Names (Part Numbers) Covered by one or more of the following U.S. Patents and their foreign counterparts
BioFire® FilmArray® Instrument (FLM1-ASY-0001);
BioFire® FilmArray® System US/EU Configuration (FLM1-ASY-0008);
BioFire® FilmArray® 2.0 Instrument, Final Assembly (FLM2-ASY-0001);
BioFire® FilmArray® 2.0 Industry Instrument (423483, 423484);
BioFire® FilmArray® 2.0 EZ Accessory Configuration (FLM2-ASY-0006);
BioFire® FilmArray® Torch System Base (HTFA-ASY-0001);
BioFire® FilmArray® Torch Duplex (HTFA-ASY-0002);
BioFire® FilmArray® Torch Module (HTFA-ASY-0003);
BioFire® SpotFire® System (FAST-ASY-0001);
BioFire® SpotFire® Module (FAST-ASY-0002)
8,068,992; 8,394,608; 9,932,634; 10,058,868; 10,144,960; 10,875,026; 10,899,856, 10,053,726, 11,041,193, 11707741 and patents pending
BioFire® FilmArray® Blood Culture Identification Panel Kit, 6 Pack; 30 Pack (RFIT-ASY-0127; RFIT-ASY-0126);
BioFire® FilmArray® Meningitis/Encephalitis Panel kit, 6 Pack; 30 Pack (RFIT-ASY-0119; RFIT-ASY-0118);
BioFire® Blood Culture Identification 2 Panel kit, 30 Pack (RFIT-ASY-0147)
BioFire® FilmArray® Gastrointestinal Panel Kit, 6 Pack; 30 Pack (RFIT-ASY-0104; RFIT-ASY-0116);
BioFire® FilmArray® Meningitis/Encephalitis Panel kit, 6 Pack; 30 Pack (RFIT-ASY-0119; RFIT-ASY-0118);
BioFire® FilmArray® Respiratory EZ Panel kit, 30 Pack (RFIT-ASY-0120);
BioFire® FilmArray® Respiratory Panel Kit, 6 Pack; 30 Pack (RFIT-ASY-0125; RFIT-ASY-0124);
BioFire® FilmArray® Respiratory 2 Panel kit, 6 Pack; 30 Pack (RFIT-ASY-0130; RFIT-ASY-0129);
BioFire® Respiratory 2.1 Panel kit, 30 Pack (423738) EUA Information;
BioFire® Respiratory 2.1 EZ (RP2.1EZ) Panel kit EUA, 30 Pack (423883) EUA Information;
BioFire® Respiratory 2.1plusPanel kit, 30 Pack (423740);
BioFire® FilmArray® Respiratory 2 plus Panel kit, 6 Pack; 30 Pack (RFIT-ASY-0137; RFIT-ASY-0136);
BioFire® FilmArray® Pneumonia Panel plus kit, 6 Pack; 30 Pack (RFIT-ASY-0142; RFIT-ASY-0143);
BioFire® FilmArray® Pneumonia Panel kit, 6 Pack; 30 Pack (RFIT-ASY-0145; RFIT-ASY-0144);
BioFire® Blood Culture Identification 2 Panel kit, 30 Pack (RFIT-ASY-0147);
BioFire® FilmArray® Custom R&D Pouch kits (CSTM-ASY-0022, CSTM-ASY-0023)
BioFire® Joint Infection Panel kit, 30 Pack (RFIT-ASY-0138);
BIOFIRE® SPOTFIRE® Respiratory Panel, 30 Pack (424461);
BIOFIRE® SPOTFIRE® Respiratory Panel Mini, 30 Pack (424589); BIOFIRE® SPOTFIRE® Respiratory/Sore Throat Panel, 30 Pack (423485)
7,387,887; 7,456,281; 8,394,608; 8,895,295; 8,940,526; 9,932,634; 10,053,726; 10,053,728; 10,464,060; 10,471,408; 10,724,081; 10,752,892; 10,875,026; 10,899,856; 10,913,060; 11,021,744; 11,041,193, 11,175,205, 11707741 and patents pending
BioFire Defense Products – For more information go to BioFireDefense.com
FilmArray® NGDS BT-E Assay kit (NGDS-ASY-0001);
FilmArray® NGDS Warrior Panel kit, 30 Pack (NGDS-ASY-0007);
FilmArray® NGDS Sentinel Panel kit, 30 Pack (NGDS-ASY-0008);
FilmArray® NGDS BT-E Panel kit, 6 Pack (RFIT-ASY-0094);
FilmArray® BioThreat-E Panel kit, 6 Pack (RFIT-ASY-0122) EUA Information;
BioFire® COVID-19 Test kit, 30 Pack (423744) EUA Information
7,387,887; 7,456,281; 8,394,608; 8,895,295; 8,940,526; 10,053,728; 10,464,060; 10,471,408; 10,899,856; 10,913,060, 11707741 and patents pending
TRADEMARK INFORMATION

BioFire, BioFire Diagnostics, LLC, the BioFire Logo, FilmArray, the FilmArray Logo, and LCGreen are registered trademarks of BioFire in the United States and/or other countries. bioMérieux and the bioMérieux logo are registered trademarks of bioMérieux in the United States and/or other countries. Intel is a registered trademark of Intel Corporation in the United States and/or other countries. Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries. P.A.C.E. is a registered trademark for Professional Acknowledgement for Continuing Education.


BIOFIRE DIAGNOSTICS, LLC WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE (HEREINAFTER, THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE (HEREINAFTER, THE “WEB SITE”), YOU, PERSONALLY AND ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AGENT OR EMPLOYEE WHEN ACTING IN SUCH CAPACITY, AGREE TO BE BOUND BY THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORIZED TO BE SO BOUND. THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE THEREFORE ADVISED TO READ THESE TERMS OF USE REGULARLY. YOUR CONTINUED ACCESS AND USE OF THIS WEB SITE AFTER CHANGES TO THE PROVISIONS ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH PROVISIONS AS AMENDED. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS, VISIT NOR MAKE ANY USE OF THIS WEBSITE OR THE INFORMATION OR MATERIALS INCLUDED HEREIN.

1. WEBSITE ACCESS

These Terms of Use govern your access to and use of the website. Certain sections or pages of the website contain separate and/or additional terms and conditions, such as BioFire’s Privacy Policy and Terms and Conditions of Sale. Those separate terms and conditions are in addition to the present Terms of Use. By accessing and using this website, you accept and agree to the Terms of Use. If you do not agree to these Terms of Use, please do not use this website.

2.PROHIBITIONS ON USE OF WEBSITE; UNAUTHORIZED ACCESS

You are prohibited from posting on or transmitting through the website any unlawful, indecent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or materials liable to incite racial hatred or in breach of confidence, in breach of privacy or for which you have not obtained all necessary licenses and/or approvals, or any material that could constitute or encourage conduct that would or may be considered a criminal offence, give rise to civil liability, or otherwise violate any law or regulation of, or infringe the rights of any third party under your respective laws. BioFire will fully cooperate with any law enforcement authorities or court order, when it is legally obliged to do so, requesting or directing BioFire to disclose the identity of anyone posting or transmitting any such information or materials. Access to and use of password protected and/or secure information areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the website may be subject to prosecution in addition to any other remedy available to BioFire at law or equity, including the suspension or termination of access to the website. You, personally, may not, nor shall you assist others, to add, alter, substitute, amend or frame in whole or in part any information displayed by BioFire on the website or any functions performed by the Web Site.

3. PRIVACY POLICY; UNSOLICITED COMMUNICATIONS; COOKIES

To review our privacy policy, please follow this link to privacy policy page

4.HYPERLINKING

The website contains links that allow the user to leave the Web Site and access third-party material or bring the third-party material into the Web Site via “inverse” hyperlink technology (a “linked site”). BioFire has no discretion to alter, update, or control the content on a linked site. The fact that BioFire has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. BioFire is not responsible for the content on a linked site or for any communications between you and such third parties. If you are of the opinion that a linked site contains unlawful or illegal content, please contact BioFire at marcom@biofiredx.com. If you wish to link your site to the website, you may do so provided you observe the following:

  • You must use a text link clearly marked “BioFire Diagnostics, LLC Website”;
  • You must point your link to our home page (biofiredx.com) and not to other pages within the website;
  • You must not use “framing”, so your link should not create a browser or border environment around BioFire’s website content; and
  • The appearance, position or context of your link must not misrepresent your relationship with BioFire or bring BioFire into disrepute. BioFire reserves the right to alter these guidelines or to notify its withdrawal of consent to any individual link at any time.
5. DISCLAIMERS

BioFire does not warrant or guarantee that its products are merchantable or satisfactory for any particular purpose, nor free from any claim of foreign or domestic patent infringement by a third party, and there are no warranties, express or implied, to such effect. BioFire will not be liable for any incidental, consequential or contingent damages involving the use of its products. BioFire’s responsibility is limited to replacement of items ordered only. Not all products and services are available in all geographical areas, or to all customers. Your eligibility to receive any product or service may be subject to approval by BioFire. BioFire reserves the right to discontinue or change specifications, products, services, or models at any time without incurring obligations.

Your use of and access to the Web Site is at your own risk. BioFire, or its directors, employees or agents involved in creating, producing, or delivering the Web Site will not be liable for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to, visit of or use of the Web Site. There is no warranty that your access to the Web Site will be uninterrupted or error free. BioFire also assumes no responsibility, and shall not be liable for any loss or damages caused by, any viruses that may infect your computer equipment or other property on account of your access to the Web Site, or your downloading of any materials, images, content, data, video or audio files, etc., from the Web Site or any sites linked to or from this site. There may or may not be technical inaccuracies or typographical errors contained in the Web Site, and BioFire will correct such items at its sole discretion as they are discovered. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIOFIRE EXPRESSLY EXCLUDES ALL REPRESENTATIONS, LIABILITIES, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE SKILL AND CARE) WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS OF USE, WHETHER BY STATUTE, LAW OR OTHERWISE.

6. EXPORT CONTROL

The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this website may be downloaded or otherwise exported in violation of these laws.

7. TERMINATION

You agree that BioFire may terminate your access to and use of the website at any time, without prior notice, if it considers you to have violated any of these Terms of Use or any applicable law or regulation. You agree to indemnify, defend and hold harmless BioFire, its officers, directors, employees, agents, contractors, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or BioFire’s termination of your access to or use of the website.

8. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, United States of America. Any legal action concerning these Terms of Use or the website must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Utah, without prejudice to BioFire’ or the website user’s right to bring suit before a court of competent jurisdiction.

9. MISCELLANEOUS

BioFire’s failure to insist upon or enforce performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision herein. BioFire may assign its rights and duties under these Terms of Use to any party at any time without notice to you. In the event any of the provisions herein would be held unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provision shall be replaced by such enforceable provision as comes closest to the intention underlying the unenforceable provision.

Page Updated: Tuesday, November 14, 2023 | MRKT-PRT-0366-15