ATP-based cleaning verification and
tracking system for the health care industry
USER’S GUIDE
Release: 3.1
800-234-5333 (USA/Canada)
foodsafety.neogen.com/en/accupoint-advanced-hc
FD803-0818
12380HCB
1AccuPoint HC User’s Guide
CONTENTS
Introduction .......................................................................................................... 2
Part numbers ........................................................................................................ 3
Operating guidelines and precautions ................................................................... 3
Preparing the reader for use ................................................................................. 4
Description of the test screen display .................................................................... 5
Selecting the testing site ....................................................................................... 6
Boot menu ............................................................................................................ 7
Record count and test recall ................................................................................. 7
Operating procedure ............................................................................................. 8
Setting the time and date .................................................................................... 10
Powering the AccuPoint Advanced HC system ..................................................... 10
Recharging the batteries ..................................................................................... 10
Installing new batteries ....................................................................................... 11
Sleep mode ........................................................................................................ 11
System requirements .......................................................................................... 11
Communicating with the HC Data Manager software .......................................... 11
Syncing test results to the HC Data Manager software ........................................ 12
Setting thresholds in the reader .......................................................................... 12
Programming the RFID tag .................................................................................. 13
Cleaning the reader ............................................................................................ 13
Troubleshooting .................................................................................................. 14
Regulatory information ....................................................................................... 14
Replacement parts/accessories .......................................................................... 16
Warranty ............................................................................................................. 16
Customer service and contact information .......................................................... 16
Customer license agreement .............................................................................. 17
Neogen Corporation • 620 Lesher Place • Lansing, MI 48912
800-234-5333 (USA/Canada) or 517-372-9200 • foodsafety.neogen.com/en/accupoint-advanced-hc
AccuPoint Advanced HC User’s Guide
2
INTRODUCTION
Neogen’s AccuPoint Advanced Healthcare (HC) ATP cleaning validation and tracking
system is a lightweight, handheld reader for validating a cleaning program’s
effectiveness. The system detects organic material including bodily fluids, skin cells
and micro-organisms on surfaces and in liquids. The system’s easy-to-use AccuPoint
samplers automatically mix self-contained reagents to quickly generate results.
When used with the AccuPoint Advanced HC Data Manager software, the AccuPoint
reader can record the testing results at specific site locations, along with the date,
time and individual responsible for cleaning. The test site information is entered in the
Data Manager HC program and synced to the AccuPoint Advanced HC reader. The user
simply navigates to the correct site and takes the test.
Up to 5,000 unique testing sites can be tracked with each AccuPoint HC reader. Results
from up to 4,000 tests can be retained at any time and are not lost if the reader loses
power. Four rechargeable nickel metal hydride (NiMH) batteries provide power.
Operating principles and technology
The AccuPoint Advanced HC system utilizes ATP bioluminescence to determine the
cleanliness of test samples. Adenosine triphosphate (ATP) is a molecule found in all
living cells, including bacteria, bodily fluids, skin cells, yeast and mold. Bioluminescence
is a chemical reaction that produces light. ATP bioluminescence occurs when ATP
from a sample comes into contact with luciferase, an enzyme found in fireflies, and
luciferin, a substrate. The amount of light emitted in this reaction is proportional to the
amount of ATP detected in a sample. After a sample is taken the sampler is pressed
into its cartridge, breaking its seal and initiating the mixing of reagents. The reaction
takes place within the cartridge and a detector measures the amount of light produced.
The reading is displayed on the LCD display in relative light units (RLU). According to
preset limits, an icon is displayed indicating a pass, marginal or fail result. These limits
are defined by the operator or by using the system presets.
Sampler
Compartment
Eject Button
Navigation
Keys
Battery
Compartment
Full-color
Display
OK Button
Power Button
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3
PARTS INCLUDED
Part # Description
9903HC AccuPoint Advanced HC ATP validation and tracking system
9903HCRFID AccuPoint Advanced HC ATP validation and tracking system with RFID
12359 USB cable
9617HC-USB AccuPoint Advanced HC Data Manager software
12354 Power supply
12370 Power cord
12380HC User’s guide
12390HC Software guide
OPERATING GUIDELINES AND PRECAUTIONS
Electrical warnings
The reader should be used according to the instructions provided in this manual. If
used otherwise, the electrical protection provided may be impaired.
• The power source for the AccuPoint Advanced HC system must be adequate and
stable. Connect the power supply to an AC line power outlet that has a protective
ground connection. Do not interrupt the protective ground conductor.
• Do not operate the reader in an explosive atmosphere.
• Do not operate the reader with any covers or parts removed.
• Do not attempt to make adjustments, replacements or repairs to this reader. Only
a Neogen service representative should service the reader.
Proper use of sampler cartridges
• Use only AccuPoint Advanced sampler cartridges with the AccuPoint Advanced HC
system.
• Refrigerate the sampler cartridges at 2–8°C (35–46°F). Within this temperature
range, cartridges may be stored until their expiry.
• Sampler cartridges must be warmed to room temperature at least one hour
prior to use.
• Samplers can be stored in their foil pouches at room temperature for up to
two weeks.
• After removing sampler cartridges from the bag, be sure to reseal and refrigerate
the bag at 2–8°C.
• Do not touch the tip of the sampler, or let the tip touch any other surface prior to
testing. Sampler tips should only come into contact with the test surface.
• Do not sample pools of liquid with AccuPoint Surface Samplers. Allow excess liquid
to dry before testing surfaces. Use AccuPoint Water Samplers for testing liquids.
• Be sure to remove and properly dispose of sampler cartridges after each reading
from the reader. The sampler reagents and their cartridges are non-toxic, and may
be disposed of without any special considerations.
AccuPoint Advanced HC User’s Guide
4
Proper care of the reader
• Keep the sampler compartment door closed when the reader is not in use.
• The reader uses a highly sensitive photo detector and should be protected from
direct sunlight. Do not place the reader in direct sunlight when the sampler door
is open, or store in sunlight, where it can be exposed to a rapid increase in
temperature.
• Work with clean hands when using the reader.
• Avoid contact with liquids on the outside or inside of the unit. Immediately wipe
off any liquids to prevent electrical shorting or contamination.
• Be sure the outer surface of the sampler cartridge is clean and dry before inserting
it in the unit. Do not insert the sampler in the unit without its cartridge.
• Do not attempt to disassemble the reader. There are no user-serviceable parts.
• Use the supplied line power cord for charging. The use of any other power supply
may damage the unit and invalidate the warranty. The power supply is capable of
using AC voltage of 110 or 240 VAC.
• The power supply is for indoor use only.
PREPARING THE READER FOR USE
Labels for the back panel of the reader are supplied
in different languages. These labels show a battery
replacement diagram and help interpret the icons on
the display. Affix the label in the desired language to
the back of the reader.
Before the first use of the system, the batteries
should be fully charged. Connect the A/C power cord
to a power supply and allow the batteries to charge
for approximately 90 minutes before use. It is not
necessary to recharge the reader after each use.
Switch on the
reader using the
red power button
located on the front. The reader will perform a
self-test and calibration routine. Self tests will be
performed and a check mark will appear during the
process.
After initialization, the reader will switch to the
records stored screen.
The current number of stored records is displayed
on this screen. Each time results are downloaded
to the Data Manager software, the program will ask
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5
whether or not to delete the results from the reader. Doing so will reset the stored
records display field to zero.
After approximately five seconds the reader will move to the testing screen.
DESCRIPTION OF THE TEST SCREEN DISPLAY
Time: Can be displayed in either a.m./p.m. or 24 hour mode.
Date: MM/DD/YY unless time is set to EU mode—then it will be DD/MM/YY.
Area: Established in the Data Manager software and synced to the AccuPoint Advanced
HC reader. This is the general area in which the tests will be taken.
Room: Established in the Data Manager software and synced to the AccuPoint
Advanced HC reader. This is the group of testing sites.
Test Site: Established in the Data Manager software and synced to the AccuPoint
Advanced HC reader. This is the name of the location where the test is performed.
Housekeeper: Established in the Data Manager software and synced to the AccuPoint
Advanced HC reader. This is the person responsible for having cleaned the test area.
Test Result: The relative light unit (RLU) score for this test. This is the result that will
be used to determine whether the test indicates a pass, marginal or fail.
Compared to the thresholds that were established in the Data Manager software for
this site, the results are:
• Pass: The surface or liquid sample is considered clean.
• Marginal: The sample is considered between the pass and fail thresholds.
• Fail: The sample is considered unacceptably dirty and typically signals a need to
clean the area again.
Time
Test Site
Area
Message Icon
Area
Room
Date
Record Count
Test Result
Housekeeper
Battery Charge
AccuPoint Advanced HC User’s Guide
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Record Count: The number of tests that have been taken since the reader was
powered on.
Battery Charge Indicator: Indicates the charge level of the batteries.
Navigating through the fields on the AccuPoint Advanced HC display
Use the navigation keys to move between fields on the AccuPoint Advanced HC display.
• Move the navigation keys in each direction to move to the desired field.
• Once at the field to change, press the OK button to enter.
8 Once in the field, move the navigation keys down or up to scroll through
the options.
8 Exit the field by pressing the OK button.
The AccuPoint Advanced HC Data Manager software
The AccuPoint Advanced HC reader can be utilized with the Data Manager software to
upload testing site information and to download testing results. Using this combination
will allow for the tracking and analysis of a facility’s testing results. The procedure
starts with the definition of a test plan in the Data Manager software. This test plan
identifies all of the testing sites in your facility that could be tested and assigns pass,
marginal and fail thresholds to each site. Once the test plan is defined uploading the
information to the reader will allow the user to select the appropriate site before taking
each test. The result along with the time, date, housekeeper, area, room and test site
can then be downloaded to the software for tracking and analysis.
SELECTING THE TESTING SITE
If a test plan has been uploaded from the HC Data Manager software, navigate to the
appropriate site through the Area, Room, or Test Site fields.
The Test Site field has an option for selecting an entry at random. When “Random”
appears in the field, pressing the OK button will cause the reader to randomly select
one of the Test Sites within the displayed Room at random.
Sampler type: surface or liquid
The AccuPoint Advanced HC reader operates in two sampling modes: surface and
liquid. Both the AccuPoint Advanced Surface and Access samplers are designed to be
read in surface mode. The AccuPoint Advanced Water sampler is read in liquid mode.
If utilizing the AccuPoint Advanced HC Data Manager software and the test plan has
been uploaded to the reader, it will automatically change to the appropriate testing
mode, surface or liquid, when navigating to the testing site.
A symbol, like the one illustrated at left, will appear on the display when the
reader is in liquid sampling mode.
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Setting the Pass, Marginal and Fail thresholds
The AccuPoint Advanced HC reader comes programmed with default threshold
settings of 0–149 as Pass, 150–299 as Marginal and 300 and higher as Fail. These
settings can be changed through the Data Manager program and downloaded to
the reader.
BOOT MENU
With HC firmware version 3.1 and higher, additional controls have been added to a
Boot Menu. To access this menu, (with the reader off) press and hold the down arrow
while pressing the power button. Contained within the boot menu are 4 options:
1. Time and Date Lock: when on, will prevent the time and date from being changed
on the main user screen.
2. Power Saving Mode: when on, will dim the display after 3 minutes of inactivity
and turn off display after 15 minutes. To recover the reader from sleep mode,
simply press the OK button and the display will return.
3. Factory Reset: when selected, will return the reader to its default configuration
and will remove all stored data, test plans, housekeepers, etc.
4. Brightness: after pressing the OK button, a slider appears on the display screen.
Repeatedly press the navigation keys to the left to dim and to the right to brighten.
After changes have been made, press the OK button to exit.
5. Exit: to exit the boot menu, press the OK button.
RECORD COUNT AND TEST RECALL
The reader keeps track of the number of tests that have been taken. The number of
records currently stored in the reader’s memory is displayed at the User ID screen
when the reader is powered on. The number of tests that have been taken since the
reader was powered on is displayed in the bottom right corner of the display.
Test results can be reviewed by navigating to the Record Count field. Press the OK
button and enter the field. Moving the navigation keys up or down within the field
causes the results to be displayed for the tests that have been taken since the reader
was powered on. To exit, press the left arrow.
AccuPoint Advanced HC User’s Guide
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OPERATING PROCEDURE
FOR OPTIMAL RESULTS:
a) Remove sampler cartridges from refrigeration and warm to room temperature for
at least one hour prior to use. Keep extra samplers in pouch, protected from light.
1. Check the display to make sure that the reader is ready. Note: If the reader is not
ready, there may be a used sampler cartridge inside. Press the eject button to
discard the cartridge, close the sampler door, and turn the reader off, then back
on to clear the error.
2. Navigate to the appropriate testing site.
3. Grasp a sampler by its handle and pull it out of its cartridge. To ensure accurate
test results, do not touch the tip of the sampler, or let the tip touch any other
surface prior to testing.
4. Surface sampling. Sample a
surface of approximately 10 cm
by 10 cm (4 in by 4 in). Sample
by starting in one corner of the
square and forming a continuous
line going back and forth across
the square. Repeat the procedure
with slightly less pressure from
a starting point 90° from the
first (see illustration). Note: If
a sampled area is a different
size, be sure to be consistent
whenever retesting the surface.
Liquid sampling. To test liquid, place an AccuPoint Advanced water sampler into
the liquid to be sampled so that the sponge tip is completely submerged. Withdraw
the sampler out of the liquid and tilt it slightly to allow excess liquid to drop off.
5. Reinsert the sampler into its cartridge and fully depress. Mix the cartridge for 2
seconds.
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6. Press the eject button to open the top door of the reader. Insert the sampler with
its cartridge into the sampler compartment.
7. Close the top door on the reader. The reading will begin immediately. An icon like
the one below will appear on the screen along with a progress indicator bar.
8. The reading is displayed along with a symbol indicating the result. The symbols
are identified below:
9. Press the eject button and remove the sampler from the chamber. Samplers
and their cartridges are non-toxic and may be disposed of without any special
considerations.
Pass
Marginal
Fail
AccuPoint Advanced HC User’s Guide
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SETTING THE TIME AND DATE
Navigate to the time or date field and depress the OK button. Move the cursor to the
appropriate digit and increment by moving up or down. The time display can be set
to a.m./p.m. or 24 hour mode. Setting the time field to 24 hour mode causes the date
field to display in the format DD/MM/YY.
POWERING THE ACCUPOINT ADVANCED HC SYSTEM
The AccuPoint Advanced HC reader can only be operated from its battery power. The
USB power capability has been disabled to protect the integrity of the electrical circuit.
While the reader will appear to power on when the A/C power is connected, it can only
operate in charging mode. No readings can take place when the reader is charging.
RECHARGING THE BATTERIES
The AccuPoint Advanced HC reader is supplied with 4 AA rechargeable nickel metal-
hydride (NiMH) batteries, which typically provide up to 16 hours of continuous
operation before requiring recharging. For optimal battery life, the reader should be
operated in temperatures of 10–35°C, and the batteries should only be recharged
when the battery charge icon appears near depletion.
The AccuPoint Advanced HC reader can only be recharged through the supplied A/C
power adapter. Full charge takes approximately 90 minutes. After inserting the A/C
power cord, the reader will display a green battery with the appropriate charge state.
This icon will change and fill in completely as the batteries become fully charged. The
icon will change to black and the reader will power off when the charge is complete.
The battery charge icon indicates the charge state of the reader:
The rechargeable NiMH batteries supplied by Neogen have a normal lifetime of
approximately 1,000 recharging cycles, and are the only batteries warranted for use
in the reader.
NOTES: For best results, use only rechargeable
batteries supplied by Neogen. A warning symbol is
placed on the AccuPoint Advanced near the battery
holder to identify hazards of recharging alkaline
batteries. DO NOT use alkaline batteries and attempt
to charge them. Attempting to charge standard
alkaline batteries may damage the instrument.
The reader’s data readings, and marginal and fail
limits, will remain stored even when the batteries
have discharged.
Fully charged Low battery Charging
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11
INSTALLING NEW BATTERIES
To access batteries, remove screw
using a Phillips head screw driver.
Push down and slide open the access
door on the top of the instrument.
Replace the batteries according
to the diagram on the label on the
back of the instrument. Use only 4
rechargeable AA-size NiMH batteries
(Neogen item 9610). Old batteries
may be disposed of as nonhazardous
waste. NOTE: If the batteries are
removed for more than 1 minute, the
time and date must be reset, but the
data readings will be retained.
SLEEP MODE
When not being actively used for
more than five minutes, the AccuPoint
Advanced instrument will enter sleep mode and dim the color display to conserve power.
Depressing the OK button causes the instrument to return to active mode.
HC DATA MANAGER SOFTWARE REQUIREMENTS
• Computer OS version: compatible with Windows XP, Vista, 7, 8 and 10
• IBM-compatible PC with Intel processor speed of 1 GHz
• 512 MB RAM
• 40 GB hard drive
• At least 1 free USB port
COMMUNICATING WITH THE HC DATA MANAGER SOFTWARE
The AccuPoint Advanced HC reader can communicate with a computer
through the HC Data Manager software to upload the Test Plan and
User information to the reader or download the testing results from the
reader. All communication with the reader is accomplished through the
supplied USB cable. The USB connection along with the AC adapter port are located
behind the access door on the side of the reader. When the cable is plugged in and a
connection is established, the graphic above will appear on the reader’s display.
Battery access door. Push
down and slide toward back
of the reader to access
batteries.
04:22P
01/10/2014
Jose001
Line 1
Conveyor Belt 1
135
0011
Pass Marginal Fail
Liquid sampling mode
Display contrast
Reading Sampler
USB connection
established
Sampler not detected
Sampler door open
Date
User
Time
Site
Number
Site
Group
Site
Name
Test
Result
Record
Count
The correct battery
orientation is shown on
the back of the reader
(below)
AccuPoint Advanced HC User’s Guide
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SYNCING TEST RESULTS TO THE HC DATA MANAGER SOFTWARE
The AccuPoint Advanced HC reader can store up to 4,000 data records. The reader will
display the number of stored data records on the User ID screen at power-up. Once the
limit has been reached, the oldest record will be discarded as each new record is added.
To sync data to a computer:
1. Open the Data Manager program on the computer (if necessary, see the software
manual for program installation instructions).
2. Turn on the reader and allow it to move past the boot up screen. Select a User.
3. Connect the USB from the computer to the reader.
4. Any data that is on the instrument will automatically be presented for review.
5. When syncing is complete, a message is displayed indicating that data has been
successfully loaded into the HC Data Manager program. The program will ask if
the data in the reader should be deleted.
6. To erase the data from the reader, click Yes in the message box. Once data has
been erased, it cannot be retrieved. Click No to retain the data in the reader.
NOTE: to avoid seeing the Delete All Records message, select Auto Delete
After Upload from the Settings tab.
7. Turn off the reader.
SETTING THRESHOLDS IN THE READER
The default thresholds come pre-programmed at 0–149 as pass, 150–299 as marginal
and above 300 as fail. Changing them can only be accomplished by uploading through the
Data Manager software. When a Test Plan is established, each site can be programmed to
its unique thresholds. Once the Test Plan is complete, uploading it to the reader through the
Download Thresholds command will establish the correct thresholds for each site.
If a Test Plan will not be used at a facility, and to simply operate the system in a pass-
fail mode, it will still be necessary to upload a simple test plan to not use the default
thresholds. Simply establish a single test site in the Test Plan Setup routine with its
appropriate thresholds and upload it to the reader through the Download Thresholds
command. This will change the threshold defaults in the reader to the values that have
been established.
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13
PROGRAMMING RFID TAGS
Using the RFID reader, rooms in a test plan can be assigned a RFID tag (embedded
in sign).
1. Be sure Data Manager was installed correctly by selecting Enable RFID checkbox.
2. Create a test plan and sync to reader.
3. Using Data Manager, select Program RFID Tags.
4. Scan the corresponsing sign for each Room.
5. Once all Rooms are assigned, exit RFID mode.
6. Select Upload RFID Map.
For more detailed instructions, see Getting Started with RFID document.
CLEANING THE READER
Clean the outer surfaces of the reader with mild detergent and a slightly moistened
cloth. If liquid spills inside the sampler compartment, turn the reader off and use the
AccuPoint cleaning kit to clean the interior surfaces. Turn the reader upside-down
when cleaning the sampler compartment with the AccuPoint cleaning kit (#9612).
Note: The use of unapproved solvents and swabs inside the sampler compartment may
damage the unit or leave behind swab debris, adversely affecting reader performance
and test results.
AccuPoint Advanced HC User’s Guide
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TROUBLESHOOTING
The following icons will appear when attempting to power up the system when a cor-
rective action is required.
Icon Meaning Corrective Action
The reader is too cold. Allow the reader to warm to
ambient temperature.
The reader is too hot. Allow the reader to cool to
ambient temperature.
The power was turned on Press the Eject button and
while there was still a sampler remove the sampler.
in the chamber.
The battery charge is too low. Recharge the batteries.
The reader has lost its Contact Neogen support.
serial number.
REGULATORY INFORMATION
Electromagnetic compatibility (EMC)
• United States: This product is classified as a digital device used exclusively as
industrial or commercial test equipment. It is exempt from the technical standards
specified in Part 15 of the FCC Rules and Regulations, based on Section 15.103 (c).
• European Union: All information concerning EMC standards is in the Declaration
of Conformity and these standards may change as the European Union adds new
requirements.
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Specifications and environmental considerations
Size of reader:
Height x width x depth: 13.7 x 8.5 x 4.8 cm (5.4 x 3.4 x 1.9 in)
Operating conditions
Optimal operating temperature ..........................10–35°C (50–95°F)
Safe operating temperature ...............................5–40°C (41–104°F)
Relative humidity ...................................... 20-80%, non-condensing
Altitude ........................................................................... 0–2,000 m
Storage conditions
Temperature ................................. minus 20–60°C (minus 4–140°F)
Relative humidity ..................................... 20–80%, non-condensing
Altitude ......................................................................... 0–12,000 m
AccuPoint Advanced HC reader
• The power supply is designed for indoor use only.
• AC line voltage/frequency: 110/240 VAC, 47–63 Hz.
• Maximum input current: 1 amp.
• Installation category: This reader is able to withstand transient overvoltage
according to Installation Category II as defined in IEC 1010-1.
• Pollution degree: This equipment will operate safely in environments that contain
nonconductive foreign matter up to Pollution Degree 2 in IEC 1010-1.
Certificate of system control
Each AccuPoint Advanced HC system is carefully built and tested in a controlled
environment in accordance with the requirements specified in its applicable Neogen
final assembly and test specification. Each reader is certified to meet its functional
and performance specification upon release to shipment. The integrity of this quality
system is routinely audited and is certified by an ISO 9001 registrar.
AccuPoint Advanced HC User’s Guide
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REPLACEMENT PARTS AND ACCESSORIES
Part # Description
9905 AccuPoint Advanced Surface Samplers – 100
9906 AccuPoint Advanced Water Samplers – 100
9907 AccuPoint Advanced Access Samplers – 100
9610 NiMH Battery Replacement pack
9611 Sampler extender
9612 AccuPoint Cleaning Kit – 5 swabs
9609-2 AccuPoint Stand-up Holster
12359 USB Cable
9617HC-USB Data Manager Software
9619 ATP Standards Kit
9908 ATP Positive Controls – 3 vials
WARRANTY
The AccuPoint Advanced HC reader carries a 12-month limited warranty on defective
materials and workmanship. Buyer assumes all risk and liability resulting from the use of
this product. There is no warranty of merchantability of this product, or of the fitness of the
product for any purpose. Neogen shall not be liable for any damages, including special or
consequential damage, or expense arising directly or indirectly from the use of this product.
CUSTOMER SERVICE/CONTACT INFORMATION
Customer assistance and technical service for this product can be reached by calling
800-234-5333 (USA/Canada) or 517-372-9200. Training on this product, and all
Neogen testing products, is available upon request.
Contact information:
Neogen Corporation
620 Lesher Place
Lansing, MI 48912 USA
800-234-5333 (USA/Canada) or 517-372-9200 • Fax: 517-372-9004
foodsafety.neogen.com/en/accupoint-advanced-hc
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17
CUSTOMER LICENSE AGREEMENT
THE PROGRAM FURNISHED HEREWITH IS LICENSED TO A LICENSEE FOR THEIR USE
ONLY ON THE TERMS AND CONDITIONS SET FORTH BELOW BY NEOGEN CORPORATION
(LICENSOR). INSTALLING THIS SOFTWARE PACKAGE INDICATES ACCEPTANCE OF
THESE TERMS AND CONDITIONS.
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this LICENSE.
1.2 “Use” shall mean the copying of any portion of Licensed Program from a
storage unit or media into a machine, for processing of the machine instructions or
statements contained in such material.
2.0 LICENSE GRANT
2.1 LICENSEE is granted a non-transferable, non-exclusive right to use the Licensed
Program supplied by LICENSOR. LICENSEE may make copies of the Licensed
Program as necessary for archive, testing, or backup purposes only.
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3.1 This LICENSE shall be effective from the date of receipt of the LICENSED
PROGRAM until it is terminated in accordance with Article 7.0.
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4.1 LICENSEE acknowledges and understands that nothing contained in this License
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4.2 LICENSEE agrees to hold the Licensed Program in confidence and shall not
disclose the Licensed Program, or part thereof, without the prior written approval
of LICENSOR, except to its employees to whom disclosure is necessary for Use.
Licensee agrees not to disassemble, decompile, or cross-compile Licensed Program.
4.3 Where any of LICENSOR’S rights to the Licensed Program, or part thereof, arise
under an agreement with a third party supplier, such supplier shall have the benefit
of LICENSOR’S rights hereunder.
4.4 LICENSEE acknowledges that the Licensed Program may contain certain
encryptions, or other devises which may prevent or detect unauthorized Use of the
Licensed Program. Temporary Use on backup equipment may require assistance
from Licensor.
5.0 NOTICES AND LEGENDS
5.1 LICENSEE agrees to reproduce and include any copyright notices, trademarks,
or other legends or credits included in the Licensed Program, or requested in writing
by LICENSOR, in and on every copy made by LICENSEE of Licensed Program, or part
thereof. The existence of any copyright notice not be construed as an admission or
presumption of publication of the Licensed Program.
AccuPoint Advanced HC User’s Guide
18
6.0 WARRANTY
6.1 LICENSOR warrants that for ninety (90) days from the date the Licensed
Program is received, the Licensed Program supplied by LICENSOR shall perform in
accordance with the standards set forth in the user manual related to the Licensed
Program, if any, provided that the attached Software Registration Form has been
returned to LICENSOR.
6.2 The above warranty does not extend and shall not apply to licensed Program to
the extent that any breach of warranty is caused by the Licensed Program being:
(a) not Used in accordance with the user manual supplied hereunder;
(b) Used in combination with any program material not licensed herein;
(c) modified by LICENSEE; or
(d) Used with equipment other than the Designated Equipment.
6.3 LICENSOR MAKES NO WARRANTIES THAT ERRORS HAVE BEEN COMPLETELY
ELIMINATED FROM THE LICENSED PROGRAM OR THAT USE OF ANY LICENSED
PROGRAM WILL NOT INFRINGE UPON ANY PATENT, COPYRIGHT, OR TRADEMARK.
LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY
WITH RESPECT TO THE LICENSED PROGRAM. THIS LIMITED WARRANTY GIVES
LICENSEE SPECIFIC LEGAL RIGHTS, AND LICENSEE MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
7.0 TERMINATION
7.1 IF LICENSEE fails to comply with any term or condition of this License, LICENSOR
may notify LICENSEE in writing of such failure. If LICENSEE fails to cure such failure
within thirty (30) days of such written notice, this License be terminated.
7.2 LICENSEE may terminate this License at will on thirty (30) days prior written
notice to LICENSOR. Within ten (10) days after termination, LICENSEE shall certify in
writing to LICENSOR that all copies, in whole or in part, in any form, of the Licensed
Program have been destroyed or returned to LICENSOR.
7.3 LICENSOR shall have the right to terminate this License of LICENSEE’S normal
Business operations are disrupted for more than thirty (30) days, by reason of
insolvency, bankruptcy, or receivership.
8.0 LIMITATION OF LIABILITY
8.1 The total liability of LICENSOR or its suppliers for any claim or damage arising
out of the Use of Licensed Program or in connection with any breach of this License
shall be limited to direct damages and shall not exceed the License fees which have
been paid by LICENSEE to LICENSOR for use of the Licensed Program which is the
subject of such claim or damage.
8.2 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE RESPONSIBLE FOR ANY
SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
Questions? Call Neogen at 800-234-5333 or 517-372-9200
19
USE OF ANY LICENSED PROGRAM OR IN CONNECTION WITH ANY BREACH OF THIS
LICENSE, EVEN IF LICENSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES.
9.0 MISCELLANEOUS
9.1 Limitation of Action: No Action arising out of this License, regardless of form,
may be brought by either party against the other more than two (2) years after the
cause of action has accrued.
9.2 Enforceability: Should any provision of this License be held by a court of law
or equity to be illegal, invalid or unenforceable, the remaining provisions of the
remaining provisions of the License shall not be affected or impaired thereby.
9.3 Waiver: The failure of any party to enforce any term or condition of this License
shall not constitute a waiver of that party’s right to enforce any term or condition of
this License, unless waived in writing.
9.4 Governing Law: This License shall be interpreted and governed by the law of The
State of Michigan.
9.5 Notices: All notices shall be in writing and sent by registered or certified mail,
return receipt requested. The date notice is received shall be its effective date.
Neogen Corporation
ATTN: PRESIDENT & COO
620 Lesher Place
Lansing, MI 48912 USA
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