Luminex MAGPIX Installation and Hardware User (IVD) User Manual
Page 5
of Product will not violate any law, regulation, judicial order or injunction. Buyer agrees to release, discharge, disclaim
and renounce any and all claims, demands, actions, causes of action and/or suits in law or equity, now existing or
hereafter arising, whether known or unknown, against Seller and Luminex, and their respective officers, directors,
employees, agents, successors and assigns (collectively the "Released Parties"), with respect to the use of the
Product. Buyer agrees to indemnify and hold harmless the Released Parties from and against any suits, losses,
claims, demands, liabilities, costs and expenses (including attorney, accounting, expert witness, and consulting fees)
that any of the Released Parties may sustain or incur as a result of any claim against such Released Party based
upon negligence, breach of warranty, strict liability in tort, contract or any other theory of law or equity arising out of,
directly or indirectly, the use of the Product or by reason of Buyer's failure to perform its obligations contained herein.
Buyer shall fully cooperate with the Released Parties in the investigation and determination of the cause of any
accident involving the Product which results in personal injury or property damage and shall make available to the
Released Parties all statements, reports, recordings and tests made by Buyer or made available to Buyer by others.
5. Patent Disclaimer - Neither Seller nor Luminex warrants that the use or sale of the Product will not infringe the
claims of any United States or other patents covering the product itself or the use thereof in combination with other
products or in the operation of any process.
End-User License Agreement (EULA) for Luminex® Software
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE
SOFTWARE. INSTEAD, RETURN IT TO LUMINEX OR THE LUMINEX AUTHORIZED THIRD PARTY FROM WHICH
YOU PURCHASED THE SOFTWARE FOR A REFUND OR CREDIT. IF YOU COMPLY WITH THESE LICENSE
TERMS, YOU HAVE THE RIGHTS TO USE THE SOFTWARE AS SPECIFICALLY SET FORTH BELOW.
1.
OVERVIEW. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
2.
ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a)
Trial and Conversion. Some or all of the SOFTWARE may be licensed on a trial basis. Your rights to use trial
SOFTWARE are limited to the trial period. The trial SOFTWARE and length of the trial period are set forth
during the activation process. The SOFTWARE may be used for evaluation purposes only during the trial
period and not for any commercial use, including without limitation to any diagnostic use. You may have the
option to convert your trial rights to perpetual rights. Conversion options will be presented to you at the
expiration of your trial period.
b)
Activation. You can activate the SOFTWARE by obtaining a license key provided by Luminex Technical
Support at [email protected] or 1-877-785-2323 or 1-512-381-4397.
c) Branding. You may only add additional branding or other graphics to SOFTWARE with Luminex’s express
written consent.
d) Upgrades. You may only obtain updates or upgrades for the SOFTWARE from Luminex Technical Support at
[email protected] or authorized resellers. For more information on obtaining updates from authorized
resellers, see http://www.luminexcorp.com.
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