Luminex IS Version 2.3 User Manual

Page 6

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5.

EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT
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.

6.

NO WARRANTY. THE SOFTWARE PRODUCT IS LICENSED “AS IS.” ANY USE OF THE SOFTWARE
PRODUCT IS AT YOUR OWN RISK. THE SOFTWARE PRODUCT 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.

7.

LIMITATION OF LIABILITY. IN NO EVENT SHALL LUMINEX OR ITS 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 PRODUCT, EVEN IF
LUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 sub-
ject 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.

EULA PN: 89-30000-00-070

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