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Label/Sticker Requirements for Luminex Partners

Label/Sticker for Luminex Instrument:

By opening the packaging containing this Luminex Instrument or using this Luminex Instrument in any manner, you are consenting and agreeing to be bound by the End User Terms and Conditions and the End User License Agreement available at https://www.luminexbackup.acscreativedev.com/end-user-terms-and-conditions/. If you do not agree to all of such terms and conditions, you must promptly return this Luminex Instrument for a full refund prior to using it in any manner.

Label License/Sticker for Assay Product:

By opening the packaging containing this Assay Product (which contains fluorescently labeled microsphere beads authorized by Luminex Corporation) or using this Assay Product in any manner, you are consenting and agreeing to be bound by the End User Terms and Conditions and the End User License Agreement available at https://www.luminexbackup.acscreativedev.com/end-user-terms-and-conditions/. If you do not agree to all of the terms and conditions, you must promptly return this Assay Product for a full refund prior to using it in any manner.

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END USER LICENSE AGREEMENT (EULA) FOR USE OF 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 and its affiliates (collectively, “Luminex”) regarding the use of Luminex or third party software product provided to you by Luminex or its authorized reseller, which includes computer software, scripts, algorithms, 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, INSTALLING, OR ACCESSING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE, INSTALL, AND/OR ACCESS THE SOFTWARE. INSTEAD, RETURN IT TO LUMINEX OR THE LUMINEX AUTHORIZED RESELLER FROM WHICH YOU PURCHASED OR OBTAINED THE SOFTWARE (IF APPLICABLE, 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.
    1. 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 or otherwise set forth in a written agreement between Luminex and you. 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 at the expiration of your trial period.
    2. b. Activation. For certain SOFTWARE, you can activate the SOFTWARE by obtaining a license key provided by Luminex Technical Support at support@luminexcorp.com or 1-877-785-2323 or 1-512-381-4397.
    3. c. Branding. You may only add additional branding or other graphics to SOFTWARE with Luminex’s express written consent. For certain SOFTWARE, Luminex may permit you to upload your logo onto the SOFTWARE pursuant to the instructions and terms provided by Luminex.
    4. d. Upgrades. You may only obtain updates or upgrades for the SOFTWARE from Luminex Technical Support at orders@luminexcorp.com or authorized resellers. For certain SOFTWARE, Luminex may permit downloading updates or upgrades from a Luminex authorized Website. For more information on obtaining updates from authorized resellers, see https://www.luminexbackup.acscreativedev.com.
  3. GRANT OF LICENSE. Subject to the terms and conditions of this EULA, Luminex hereby grants to you a non- exclusive, non-transferable, non-assignable license (without right to sublicense) under Luminex’s copyrights and trade secrets to use the SOFTWARE on a single instrument if the software is embedded in the instrument or on a single computer running with a single unit of a specific model of Luminex instrument, as such model is identified on the packaging included with the SOFTWARE. For certain SOFTWARE that is not integrated into a Luminex instrument and provided on a separate medium and/or does not require activation, you may make one (1) copy of the SOFTWARE for backup or archival purposes only. For some of such SOFTWARE, you may also install the SOFTWARE on up to two (2) 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 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. 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 a Luminex instrument to you.