Luminex xPONENT 3.1 Rev 2 (IVD) - Manual (Page 4)

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.
• You may not use this SOFTWARE for any commercial purpose, including in the
performance of testing services, unless expressly agreed to in writing by Luminex or
as authorized in writing by Luminex through an authorized reseller of the SOFTWARE.
• You may only use the SOFTWARE with microspheres manufactured by Luminex or
with kits developed, manufactured and distributed by licensees authorized in writing by
Luminex.
• You must maintain all proprietary notices on all copies of the SOFTWARE.
• You may not distribute copies of the SOFTWARE to third parties.
• You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive
source code from the SOFTWARE.
• You may not copy (other than one backup or archival copy), distribute, sublicense,
rent, lease, transfer or grant any rights in or to all or any portion of the SOFTWARE.
• You must comply with all applicable laws regarding the use of the SOFTWARE.
• You may not modify or prepare derivative works of the SOFTWARE, including
modifying any branding or graphics.
• You may not use the SOFTWARE in a computer-based service business or publicly
display visual output of the SOFTWARE.
• You may not transmit the SOFTWARE over a network, by telephone, or electronically
by any means.
5. TERM AND TERMINATION. Your rights under this EULA are effective until termination.
You may terminate this EULA at any time by destroying the SOFTWARE, including all
computer programs and documentation, and erasing any copies residing on your
computer equipment. Luminex may terminate this EULA upon thirty (30) days written
notice to you. Your rights under this EULA automatically terminate without further action
on the part of Luminex if you do not comply with any of the terms or conditions of this
EULA. Upon any termination of this EULA, you agree to destroy the SOFTWARE and
erase any copies residing on your computer equipment.
6. RIGHTS IN SOFTWARE. All rights and title in and to the SOFTWARE and any copies
thereof are owned by Luminex or its suppliers. This EULA is not a sale and does not
transfer to you any title or ownership interest in or to the SOFTWARE or any patent,
copyright, trade secret, trade name, trademark or other intellectual property right therein.
You shall not remove, alter, or obscure any proprietary notices contained on or within the
SOFTWARE and shall reproduce such notices on any back-up copy of the SOFTWARE.
All title and intellectual property rights in and to the content which may be accessed
through use of the SOFTWARE is the property of the respective content owner and may
xPONENT ® 3.1 Rev. 2 Software User Manual
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For In Vitro Diagnostic Use