Luminex xPONENT 3.1 - Manual (Page 6)

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 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.