Luminex No Top Plate (NTP) Swivel Base Installation and Us Manuel d'utilisateur télécharger pdf (Page 5)

shall not reverse engineer, decompile, disassemble or modify the Product. Buyer acknowledges

that Luminex retains ownership of all patents, trademarks, trade secrets and other proprietary rights

relating to or residing in the Product and Buyer receives no rights to such intellectual property rights

by virtue of its purchase of Product other than as expressly set forth herein. Buyer shall have no

right to use any trademarks owned or licensed to Luminex without the express written permission of

Luminex.

4. Buyer's Representations, Release and Indemnity - Buyer represents and warrants that it shall

use the Product in accordance with Paragraph 2, "Buyer's Use of Product," and that any such use

of Product will not violate any law, regulation, judicial order or injunction. Buyer agrees to release,

discharge, disclaim and renounce any and all claims, demands, actions, causes of action and/or

suits in law or equity, now existing or hereafter arising, whether known or unknown, against Seller

and Luminex, and their respective officers, directors, employees, agents, successors and assigns

(collectively the "Released Parties"), with respect to the use of the Product. Buyer agrees to

indemnify and hold harmless the Released Parties from and against any suits, losses, claims,

demands, liabilities, costs and expenses (including attorney, accounting, expert witness, and

consulting fees) that any of the Released Parties may sustain or incur as a result of any claim

against such Released Party based upon negligence, breach of warranty, strict liability in tort,

contract or any other theory of law or equity arising out of, directly or indirectly, the use of the

Product or by reason of Buyer's failure to perform its obligations contained herein. Buyer shall fully

cooperate with the Released Parties in the investigation and determination of the cause of any

accident involving the Product which results in personal injury or property damage and shall make

available to the Released Parties all statements, reports, recordings and tests made by Buyer or

made available to Buyer by others.

5. Patent Disclaimer - Neither Seller nor Luminex warrants that the use or sale of the Product will

not infringe the claims of any United States or other patents covering the product itself or the use

thereof in combination with other products or in the operation of any process.

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 xPONENT 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”). The terms also apply to any updates,

supplements, web content or internet-based services, such as remote access.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,

DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO LUMINEX OR THE LUMINEX

AUTHORIZED THIRD PARTY FROM WHICH YOU PURCHASED THE SOFTWARE FOR A

REFUND OR CREDIT. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE

RIGHTS TO USE THE SOFTWARE AS SPECIFICALLY SET FORTH BELOW.

1. OVERVIEW. The SOFTWARE is protected by copyright laws and international copyright

treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed,

not sold.

2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a) Trial and Conversion. Some or all of the SOFTWARE may be licensed on a trial basis.

Your rights to use trial SOFTWARE are limited to the trial period. The trial SOFTWARE and

length of the trial period are set forth during the activation process. The SOFTWARE may

be used for evaluation purposes only during the trial period and not for any commercial

use, including without limitation to any diagnostic use. You may have the option to convert

your trial rights to perpetual rights. Conversion options will be presented to you at the

expiration of your trial period.

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