Luminex xPONENT 4.0 SP1 - 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) (“SOFT-
WARE”). 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 COM-
PLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS TO USE THE SOFTWARE AS SPECIFI-
CALLY 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 purchaser, you may obtain a license under Luminex’s patents, if any, to use this unit of Luminex
instrumentation with fluorescently labeled microsphere beads authorized by Luminex by purchasing
such beads from Luminex or an authorized Luminex reseller.
4. RESTRICTIONS
• SOFTWARE must only be installed and operated on a single computer running with a Luminex
instrument, as set forth above.