Luminex xPONENT 3.1 - Manual (Page 5)

End-User License Agreement (EULA) for Luminex
®
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 THEM, DO
NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO LUMINEX OR THE LUMINEX AUTHORIZED
THIRD PARTY 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. 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 nonexclusive, nontransferable, nonassignable 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 three (3) 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 SOFTWARE on additional
computers, as agreed to in writing with Luminex or its authorized reseller, 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. Although no rights or licenses under any of Luminex's patents are granted by or shall be
implied from the license of the SOFTWARE or the sale of Luminex instrumentation to you, the