
USG-CUS-059 Rev05
MassARRAY® Nanodispenser RS1000 v2.1 User Guide
For Research Use Only. Not for use in diagnostic procedures.
Appendix E
Licensing
Warranty
. Standard Agena warranties shall apply as set forth in the Agena MassARRAY®
System Warranty documentation provided with each System. EXCEPT AS SET FORTH IN
THIS SECTION 5, AGENA MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES,
OR CLAIMS, OF ANY KIND OR NATURE, AS TO THE ACCURACY OF, RELIABILITY,
UTILITY, PERFORMANCE, EFFECTIVENESS, OR OTHERWISE, OF THE SYSTEM
PROVIDED HEREIN OR THE RESULTS OBTAINED THEREFROM, NOR DOES AGENA
ASSUME ANY RESPONSIBILITY FOR THE RESULTS, QUALITY OF RESULTS, OR LACK OF
RESULTS THE SYSTEM AND REAGENTS ARE PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, DIRECT,
INDIRECT, BY ESTOPPEL, OR OTHERWISE, AND SPECIFICALLY EXCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OF ANY THIRD PARTY PATENT OR OTHER
INTELLECTUAL PROPERTY RIGHTS, AND ANY OTHER WARRANTIES PROVIDED FOR BY
THE UNIFORM COMMERCIAL CODE, USAGE IN THE INDUSTRY, OR COURSE OF
DEALING BETWEEN THE PARTIES.
License
. Agena’s patented nucleic acid analysis by mass spectrometry methods and
products are protected under United States patent rights and patents pending, and
foreign counterparts. With the purchase of Agena SpectroCHIP® arrays and reagent kit
products Customer is granted a limited right to practice Agena’s patented methods and
use its products. The licensed rights are not transferable, are for the benefit of Customer
only, and expire with the consumption of the SpectroCHIP® arrays purchased. Transfer or
resale of products and their components, purchased from Agena, is prohibited. The
license rights granted are limited to one-time use only for each element per
SpectroCHIP® array purchased. For example, Agena’s SpectroCHIP® 384 Array is
provided with 384 elements and each element may be used only once. Re-manufacture
or re-use of Agena’s SpectroCHIP® arrays and/or elements in conjunction with
performing Agena’s patented nucleic acid analysis methods, is prohibited. Reverse
engineering Agena products is prohibited. Except as expressly licensed with the
purchase of chips and reagent kit products as set forth herein, Agena reserves all rights
and no additional license rights are granted or implied.
Software License
. For purposes of this Agreement, “Software” means computer software
or programs supplied by Agena to Customer including but not limited to such software
that is embedded in or forms an integral part of Agena’s hardware products in addition to
separately provided software for application specific purposes. For purposes of this
Agreement, Software does not include Oracle Corporation software products provided
by Agena as such Oracle products are separately governed by the attached Oracle End
User License Terms.
(a) Agena grants Customer a non-exclusive and non-transferable license to use the
Software for processing data exclusively in conjunction with specially designated
SpectroCHIP® arrays and reagents or reagent kit products purchased from Agena.
Customer shall not permit another party to use the Software and Customer shall effect
and maintain adequate security measures to safeguard the Software from access or use
by unauthorized persons. Customer shall not transfer, rent, lease, sublicense, loan, copy,
modify, adapt, merge, translate, reverse engineer, decompile, or disassemble the
Software or create derivative works based on the whole or any part of the Software.