Luminex MAGPIX Installation and Hardware User (IVD) - Manual (Page 7)

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.