Luminex xPONENT 4.2 for FLEXMAP - Manual (Page 7)

End-User License Agreement (EULA) for Luminex
®
xPONENT
®
Software
This Luminex End-User License Agreement (“EULA”) is a legal agreement between you
(either an individual or a single entity, also referred herein as “you”) the end-user and
Luminex Corporation (“Luminex”) regarding the use of the xPONENT software product
provided to you above, which includes computer SOFTWARE and online or electronic
documentation and may include associated media and printed materials (if any)
(“SOFTWARE”). The terms also apply to any updates, supplements, web content or internet-
based services, such as remote access.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO LUMINEX OR
THE LUMINEX AUTHORIZED DISTRIBUTOR FROM WHICH YOU PURCHASED THE
SOFTWARE FOR A REFUND OR CREDIT. IF YOU COMPLY WITH THESE LICENSE
TERMS, YOU HAVE THE RIGHTS TO USE THE SOFTWARE AS SPECIFICALLY SET
FORTH BELOW.
1. OVERVIEW. The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE is
licensed, not sold.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Trial and Conversion. Some or all of the SOFTWARE may be licensed on a trial basis.
Your rights to use trial SOFTWARE are limited to the trial period. The trial SOFTWARE
and length of the trial period are set forth during the activation process. The
SOFTWARE may be used for evaluation purposes only during the trial period and not
for any commercial use, including without limitation to any diagnostic use. You may
have the option to convert your trial rights to perpetual rights. Conversion options will
be presented to you at the expiration of your trial period.
b. Activation. For certain SOFTWARE, you can activate the SOFTWARE by obtaining a
license key provided by Luminex Technical Support at [email protected] or
1-877-785-2323 or 1-512-381-4397.
c. Branding. You may only add additional branding or other graphics to SOFTWARE with
Luminex's express written consent.
d. Upgrades. You may only obtain updates or upgrades for the SOFTWARE from
Luminex Technical Support at [email protected] or authorized resellers. For
more information on obtaining updates from authorized resellers, see http://
www.luminexcorp.com.
3. GRANT OF LICENSE. Subject to the terms and conditions of this EULA, Luminex hereby
grants to you a non-exclusive, non-transferable, non-assignable license (without right to
sublicense) under Luminex's copyrights and trade secrets to use the SOFTWARE on a
single computer running with a single unit of a specific model of Luminex instrument, as
such model is identified on the packaging included with the SOFTWARE. You may make
one (1) copy of the SOFTWARE for backup or archival purposes only. You may also
install the SOFTWARE on up to two (2) additional computers for purposes of performing
ancillary tasks (i.e. preparing templates/protocols, performing further analysis or re-
running previous data), provided such computers are at a single location and are NOT
connected with a Luminex instrument. In addition, you may purchase the right to use the
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