Luminex xPONENT 4.2 for FLEXMAP - Manual (Page 9)

be protected by applicable copyright or other intellectual property laws and treaties. This
EULA grants you no rights to use such content.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the
SOFTWARE to any country, person, entity, or end-user subject to U.S.A. export
restrictions. You hereby warrant no state or federal agency has suspended, revoked, or
denied your export privileges.
8. NO WARRANTY. THE SOFTWARE IS LICENSED "AS IS." ANY USE OF THE
SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE
ONLY WITH LUMINEX PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, LUMINEX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL LUMINEX OR ITS AFFILIATES OR
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LUMINEX OR ITS
AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
10. MISCELLANEOUS. This EULA is governed by the laws of the State of Texas, U.S.A.,
without reference to conflicts of laws principles. You shall not assign or sublicense or
otherwise transfer the rights or license granted hereunder, by agreement or by operation
of law, without the prior written consent of Luminex, and all assignments in violation of
this prohibition shall be null and void. This EULA is the complete and exclusive
agreement of Luminex and you and supersedes all other communications, oral or written,
relating to the subject matter hereof. No change to this EULA shall be valid unless in
writing and signed by the party against whom enforcement is sought. The waiver or
failure of Luminex or you to exercise in any respect any right or rights provided for herein
shall not be deemed a waiver of any further right hereunder. If any provision of this EULA
is held unenforceable, the remainder of this EULA will continue in full force and effect.
89-30000-00-403 Rev. A
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