Luminex xPONENT for MAGPIX User Manual

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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.

8. NO WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” ANY USE OF THE

SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE 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.

9. 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, EVEN IF LUMINEX HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

10. 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 subject 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.

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