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END USER LICENSE AGREEMENT
NOTICE: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL
AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) AND GSL
BIOTECH LLC ("GSL"). PLEASE READ IT CAREFULLY BEFORE COMPLETING THE
INSTALLATION PROCESS AND USING THE SOFTWARE. THIS AGREEMENT PROVIDES A
LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND
LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE
CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE
TERMS, THEN DO NOT INSTALL THE SOFTWARE, AND RETURN THE SOFTWARE TO GSL.
1. Recitals
1. This End User License Agreement ("EULA") is a legal agreement
between you (either an individual person or a single legal
entity, who will be referred to in this EULA as "End User", and
GSL Biotech LLC ("GSL") for the SnapGene software product
("Software") or SnapGene Viewer software product ("Freeware")
that accompanies this EULA, including any associated media,
printed materials and electronic documentation.
2. The Software or Freeware also includes any software updates,
add-on components, web services and/or supplements that GSL may
provide to End User or make available to End User after the date
End User obtains the initial copy of the Software or Freeware, to
the extent that such items are not accompanied by a separate
license agreement or terms of use. By installing, copying,
downloading, accessing or otherwise using the Software or
Freeware, End User agrees to be bound by the terms of this EULA.
If End User does not agree to the terms of this EULA, End User
should not install, access or use the Software or Freeware.
2. License Grants
1. Freeware License. GSL grants End User an unlimited license to use
the Freeware. The install packages for the Freeware can be
redistributed without restriction, and can be used for both
commercial and non-commercial purposes.
2. Trial Period License. End User may download and use the Software
for free for thirty (30) days after installation ("Trial
Period"). During the Trial Period, GSL grants End User a limited,
non-exclusive, non-transferable, non-renewable license to copy
and use the Software for evaluation purposes only. At GSL's
discretion, GSL may provide limited support through email or
discussion forums at GSL's website. The evaluation copy of the
Software contains a feature that will automatically disable
certain features of the Software at the end of Trial Period. GSL
will have no liability to End User if this feature disables the
Software.
3. License After Trial Period. This Software is licensed, not sold.
End User has the option of paying a license fee in order to use
the Software after the expiration of the Trial Period. Upon
payment of the license fee, GSL provides End User with a
registration number, and grants End User a limited,
non-exclusive, non-transferable license as outlined in Sections
2.d through Section 2.g and in Section 3.
4. Computer-Specific License. Under the terms of a Computer-Specific
License for the Software, End User may activate each license only
on a single computer, and may use the Software only on that
computer. The Software may not be accessed remotely.
5. Floating License. Under the terms of a Floating License for the
Software, End User may install the Software on an unlimited
number of computers. All computers using the Software must have
the ability to communicate with a license server. The number of
users who may run the Software concurrently must not at any time
exceed the number of Floating Licenses purchased.
6. Unlimited License. Under the terms of an Unlimited License for
the Software, End User may install and use the Software on an
unlimited number of computers with IP addresses in a specified IP
range as agreed to by GSL and End User.
7. The Software or Freeware is for educational and non-commercial or
commercial research purposes only. GSL makes no representation
that the Software or Freeware is a clinically approved medical
device, and End User understands and accepts that any result or
its display presented in whatever form obtained using the
Software or Freeware must not be used for any purpose other than
education or research.
3. License Restrictions
1. End User may use the Software only on the permitted number of
computers.
2. End User may make one copy of the Software solely for backup
purposes. Any backup copy must contain all copyright notices and
any other proprietary legends on the original copy of the
Software. End User may not sell or transfer any copy of the
Software made for backup purposes.
3. End User's license rights under this EULA are non-exclusive and
non-assignable.
4. Other than as set forth in Section 3.b, End User may not make
copies of the Software or electronically transfer the Software
from one computer to another.
5. End User may not alter, merge, modify, adapt, translate,
decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.
6. End User may not rent, lease, or sublicense the Software.
7. End User may not create derivative works based upon the Software.
8. End User may not export the Software into any country to which
such export is prohibited by the United States Export
Administration Act.
9. In the event that End User fails to comply with this EULA, GSL
and its distributors may, in addition to seeking any damages,
terminate the license. Upon termination, End User must destroy
all copies of the Software (with all other rights of both parties
and all other provisions of this EULA surviving any such
termination).
4. Ownership
The foregoing license gives End User a limited license to use the
Software. GSL retains all rights, title and interest, including all
copyright and intellectual property rights, in and to the Software and
all copies thereof. The Software is protected by the copyright laws of
the United States and other countries. All rights not expressly
granted in this EULA are reserved by GSL.
5. LIMITED WARRANTY AND DISCLAIMER
1. GSL warrants that, for a period of ninety (90) days, the Software
will perform in substantial conformance with published
specifications for the Software.
2. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH
RESPECT TO THE SOFTWARE, GSL DISCLAIMS ALL OTHER WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GSL DOES NOT
WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT
INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED
FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GSL SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY
WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO END USER.
THIS WARRANTY GIVES END USER SPECIFIC LEGAL RIGHTS AND END USER
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6. Exclusive Remedy
End User's exclusive remedy is to return the Software to GSL. Provided
that any non-compliance with the above warranty is reported in writing
to GSL no more than ninety (90) days following delivery to End User,
GSL will use reasonable commercial efforts to supply End User with a
replacement copy of the Software that substantially conforms to
published specifications, provide a replacement for defective media,
or refund to End User the purchase price for the Software, at its
option. GSL shall have no responsibility if the Software has been
altered in any way, or if the media has been damaged by misuse,
accident, abuse, modification or misapplication. Any such misuse,
accident, abuse, modification or misapplication of the Software will
void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY
AVAILABLE TO END USER FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH
RESPECT TO THE SOFTWARE.
7. LIMITATION OF LIABILITY
1. GSL SHALL NOT BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY
TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE
USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF GSL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN
IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
2. GSL'S TOTAL LIABILITY TO END USER FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT END USER PAID FOR
THE SOFTWARE.
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO END USER AND END
USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF
THIS EULA.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED
RIGHTS" applicable to private and public licenses alike. Without
limiting the foregoing, use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in this EULA and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
or FAR 52.227-14, as applicable. Manufacturer: GSL Biotech LLC
9. General
This EULA shall be governed by the internal laws of the State of
Illinois, USA. In each case this EULA shall be construed and enforced
without regard to the United Nations Convention on the International
Sale of Goods.
This EULA contains the complete agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written.
End User agrees that any varying or additional terms contained in any
purchase order or other written notification or document issued by End
User in relation to the Software licensed hereunder shall be of no
effect. The failure or delay of GSL to exercise any of its rights
under this EULA or upon any breach of this EULA shall not be deemed a
waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent
jurisdiction to be contrary to law, then that provision will be
enforced to the maximum extent permissible and the remaining
provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to GSL. This EULA
does not authorize End User to use the trademarks of GSL or its
suppliers.
GSL Biotech LLC
July 18th, 2017
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