Luminex Luminex 200, System User Manual

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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.
5.
EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT 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.
6.
NO WARRANTY. THE SOFTWARE PRODUCT IS LICENSED "AS IS." ANY USE OF THE SOFTWARE
PRODUCT IS AT YOUR OWN RISK. THE SOFTWARE PRODUCT 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.
7.
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 PRODUCT, EVEN IF LUMINEX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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.
89-30000-00-122, Rev. A