Luminex No Top Plate (NTP) Swivel Base Installation and User Manual - Manual (Page 7)

vii
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.