Luminex MAGPIX Installation and Hardware User (IVD) User Manual

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Luminex IVD MAGPIX Hardware Installation and User Manual

to three (3) 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.

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.

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.

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.

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.