Luminex 100 IS User Manual, Version 2.1 - Manual (Page 3)

End-User License Agreement (EULA) for Luminex® Software
This Luminex End-User License Agreement (“EULA”) is a legal agreement between you (either an individual
or a single entity, also referred herein as “you”) the end-user and Luminex Corporation (“Luminex”) regarding
the use of the Luminex software product identified above, which includes computer software and online or
electronic documentation and may include associated media and printed materials (if any) (“SOFTWARE
PRODUCT” or “SOFTWARE”).
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. 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 PRODUCT on a hardware platform purchased from
Luminex pursuant to Luminex’s terms and conditions of sale. You may make one (1) copy of the
SOFTWARE PRODUCT for backup or archival purposes only. 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.
2. RESTRICTIONS.
• You must maintain all proprietary notices on all copies of the SOFTWARE PRODUCT.
• You may not distribute copies of the SOFTWARE PRODUCT to third parties.
• You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive source
code from the SOFTWARE PRODUCT.
• 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 PRODUCT.
• You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
• You may not modify or prepare derivative works of the SOFTWARE PRODUCT.
• You may not use the SOFTWARE PRODUCT in a computer-based service business or publicly
display visual output of the SOFTWARE PRODUCT.
• You may not transmit the SOFTWARE PRODUCT over a network, by telephone, or
electronically by any means.
3. TERM AND TERMINATION. Your rights under this EULA are effective until termination. You may
terminate this EULA at any time by destroying the SOFTWARE PRODUCT, 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 PRODUCT and erase any copies residing on your computer equipment.
4. RIGHTS IN SOFTWARE. All rights and title in and to the SOFTWARE PRODUCT 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 PRODUCT 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.