Appendix B: End-User Agreement and License
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B-3
(e) De-compile, reverse-compile, reverse-engineer, disassemble, or modify the SOFTWARE
PRODUCT or THIRD PARTY SOFTWARE, or any portion thereof, in any way.
(f) Use the SOFTWARE PRODUCT or THIRD PARTY SOFTWARE, or any portion
thereof, for development of any infringing or derivative works.
2.3 Notice. The SOFTWARE PRODUCT and THIRD PARTY SOFTWARE are protected
by copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. The SOFTWARE PRODUCT and THIRD PARTY SOFT-
WARE are licensed to LICENSEE, not sold.
2.4 No License to Methods of Use. No license is granted hereunder to any process,
method or use for which the SOFTWARE PRODUCT may be used either by itself or in
combination with an analytical instrument except to the extent such a process is
described in the MANUAL and BIO has the right to grant a license to such a process
hereunder.
3. SOFTWARE PRODUCT LIMITED WARRANTY
3.1 Limited Warranty. BIO warrants that the SOFTWARE PRODUCT will perform sub-
stantially as described in the MANUAL, if used in the manner described therein,
for a period of ninety (90) days from the date of receipt. BIO also warrants
that the media on which the software is distributed is free from defects in mate-
rials and workmanship. To the extent allowed by applicable law, implied
warranties on the SOFTWARE PRODUCT, if any, are limited to the same ninety
(90) days.
3.2 Customer Remedies. BIO’s entire liability and your exclusive remedy shall be, at
BIO’s sole option, either (a) return of the purchase price paid by LICENSEE, if any, for
the SOFTWARE PRODUCT that does not meet BIO’s limited warranty or (b) repair of
the SOFTWARE PRODUCT that does not meet BIO’s limited warranty, or (c) replace-
ment of the SOFTWARE PRODUCT that does not meet BIO’s limited warranty,
provided that under (a), (b), or (c) above the SOFTWARE PRODUCT that does not
meet BIO’s limited warranty is returned in its entirety to BIO or the authorized seller
from which the SOFTWARE PRODUCT was purchased, complete with a dated proof
of payment, within 90 days of the date of delivery. Any repaired or replaced SOFT-
WARE PRODUCT will be warranted as described in Paragraph 3.1 for the remainder
of the original warranty period or thirty (30) days, whichever is longer.
3.3 Warranty Void. The limited warranty of Paragraph 3.1 and remedies of Paragraph 3.2
are void if:
(a) failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or
misapplication of the CYCLER or SOFTWARE PRODUCT;
(b) the SOFTWARE PRODUCT is used with any operating system other than
operating system included in the CYCLER;
(c) the SOFTWARE PRODUCT is used for the analysis of data generated by any
analytical instrument other than the BIO analytical instruments with which the
SOFTWARE PRODUCT was designed to be employed and which are specifically
listed in the MANUAL;