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 provided to you 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 single computer running with a Luminex instrument/
purchased from Luminex or a Luminex partner 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. You may also install the
SOFTWARE PRODUCT on up to three (3) additional computers for purposes of performing ancillary tasks (i.e.
preparing templates/protocols, performing further analysis or re-running previous data), provided such computers
are at a single location and are NOT connected with a Luminex instrument. In addition, You may purchase the
right to use the SOFTWARE PRODUCT on additional computers, as agreed to in writing with Luminex or its
authorized reseller, for purposes of performing ancillary tasks (i.e. preparing templates/protocols, performing
further analysis or re-running previous data), provided such computers are at a single location and are NOT
connected with a Luminex instrument 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.
• Each SOFTWARE PRODUCT must only be installed and operated on a single Luminex instrument/
computer.
• You may not use this SOFTWARE PRODUCT for any commercial purpose, including in the
performance of testing services, unless expressly agreed to in writing by Luminex or as authorized
in writing by Luminex through an authorized reseller of the SOFTWARE PRODUCT.
• You may only use the SOFTWARE PRODUCT with microspheres manufactured by Luminex or
with kits developed, manufactured and distributed by licensees authorized in writing by Luminex.
• 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
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