PerkinElmer Software License Agreement
181
P/N CLS151164 Rev. B
LabChip GX Touch/GXII Touch User Manual
PerkinElmer, Inc.
c
download or otherwise make one (1) copy of the Documentation and use such Documentation, solely in support of its licensed use of
the Software in accordance herewith. All copies of the Documentation made by Licensee: (i) will be the exclusive property of
PerkinElmer; (ii) will be subject to the terms and conditions of this Agreement; and (iii) must include all trademark, copyright, patent
and other intellectual property rights notices contained in the original.
3
Restrictions. Licensee shall not, and shall require its employees and/or other authorized users not to, directly or indirectly:
a
use (including make any copies of) the Software and/or Documentation beyond the scope of the license granted in Section 2;
b
modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software and/or
Documentation or any part thereof;
c
combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
d
reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software
or any part thereof;
e
remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary
rights notices from the Software or Documentation, including any copy thereof;
f
except as expressly set forth in Section 2(a) and Section 2(c), copy the Software and/or Documentation, in whole or in part;
g
rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer or otherwise make available the Software or any
features or functionality of the Software, to any Third Party for any reason, whether or not over a network and whether or not on a
hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN),
virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;
h
use the Software in, or in association with, the design, construction, maintenance or operation of any hazardous environments or
systems, including: (i) power generation systems; (ii) aircraft navigation or communication systems, air traffic control systems or any
other transport management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle operation
applications or any police, fire or other safety response systems; and (iv) military or aerospace applications, weapons systems or
environments;
i
use the Software in violation of any federal, state or local law, regulation or rule;
j
use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service;
k
install or use the Software on more than one computer simultaneously without the purchase of additional licenses and/or the express
written consent of an authorized PerkinElmer representative; and/or
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use the Software to provide outsourcing, service bureau, online services or trainings to a Third Party, without the express written
consent of an authorized officer of PerkinElmer.
4
Open Source. The Software may contain or be provided with open source libraries, components, utilities and other open source software
(collectively, “Open Source”), which Open Source may have applicable license terms as identified by PerkinElmer upon written request, or
as otherwise may be provided with the applicable Documentation. Notwithstanding anything to the contrary herein, use of the Open
Source shall be subject to the applicable Open Source license terms and conditions to the extent required by the applicable licensor
(which terms shall not restrict the license rights granted to Licensee hereunder but may contain additional rights) and such Open Source
license terms shall only apply to such Open Source component and not the entire Software. Any breach by Licensee of any Open Source
license shall also be deemed a breach of this Agreement. In the event of a conflict between the Open Source license and this Agreement,
the Open Source license will prevail solely with respect to the Open Source component.
5
Responsibility for Use of Software. Licensee is responsible and liable for all uses of the Software through access thereto provided by
Licensee, directly or indirectly. Specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for all
actions and failures to take required actions with respect to the Software by its employees or by any other Person to whom Licensee may
provide access to or use of the Software, whether such access or use is permitted by or in violation of this Agreement.
6
Security Mechanisms. PerkinElmer and its Affiliates endeavor to take all legal actions available to it to eliminate piracy of its software
products. As such, the Software may include a security mechanism which collects and transmits usage data for the purpose of detecting
the installation or use of illegal copies of the Software. Data collected will not include any Licensee data created with the Software.
Licensee consents to such detection and collection of data, as well as its transmission and use. PerkinElmer also reserves the right to use
a hardware lock device, license administration software, and/or a license authorization key to control access to the Software. Licensee
shall not take any steps to avoid, remove, disable, circumvent, defeat, or otherwise create or implement any workaround to any such
measures. Use of the Software by Licensee without the required lock device or authorization key provided by PerkinElmer is strictly
prohibited.
