Luminex xPONENT 3.1 Rev 2 - Manual (Page 7)

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 two (2) 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.
• 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.
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