Caliper Life Sciences, Inc. Software License Agreement - Caliper Life Sciences Twister II User Manual

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Thank you for purchasing our products. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY

BEFORE OPENING THE PACKAGE CONTAINING THE SOFTWARE MEDIA, THE COMPUTER SOFTWARE CONTAINED THEREIN, AND

THE ACCOMPANYING USER DOCUMENTATION (COLLECTIVELY REFERRED TO HEREIN AS THE "PROGRAM"). THE PROGRAM IS

COPYRIGHTED AND LICENSED, NOT SOLD. BY OPENING THE PACKAGE CONTAINING THE PROGRAM, YOU ARE ACCEPTING AND

AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS

LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE PROGRAM IN UNOPENED FORM, AND YOU WILL RECEIVE A

REFUND. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND

CALIPER® LIFE SCIENCES, INC. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL,

REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND LICENSOR.

License Grant.

Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program only as authorized in this License Agreement.

The software included in the Program (the "Software") may be used only on a single computer owned, leased, or otherwise controlled by

you; or, in the event of the inoperability of that computer, on a backup computer selected by you. If the Software is an applications

package, you may use it on a single, local system controller. Neither concurrent use on two or more computers nor use in a local area

network or other network is permitted without written authorization from licensor and the payment of additional license fees. You agree

that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement, except that you may

permanently transfer all of your rights under this License Agreement, provided that you retain no copies, you transfer all of the Program,

and the transferee agrees to the terms of this License Agreement. You agree that you may not reverse assemble, reverse compile, or

otherwise translate the Software.

Upon loading the Software into your computer, you may retain the Software media for backup purposes. In addition, you may make one

copy of the Software on a second medium for the purpose of backup in the event the Software media is damaged or destroyed. Any such

copies of the Software shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no

copies of the Program or any portions thereof may be made by you or any person under your authority or control.

Licensor's Rights.

Licensor has invested significant time and money in developing the products purchased with the Program. The Program contains

Licensor's trade secrets, which must be used in confidence. You acknowledge and agree that the program is proprietary to Licensor and

protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including

associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in

or to the Program, but only a limited right to use it, revocable in accordance with the terms of this License Agreement. In the event of a

breach, the Licensor reserves the right to seek equitable relief.

License Fees.

The license fees paid by you in connection with the purchase of the associated product(s) are paid in consideration of the licenses

granted under this License Agreement.

Term.

This License Agreement is effective upon your opening of this package and shall continue until terminated. You may terminate this

License Agreement at any time by returning the Program, and all copies thereof and extracts therefrom to Licensor. Licensor may

terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to

Licensor the Program and all copies and portions thereof.

Limited Warranty.

Licensor warrants, for your benefit alone, for a period of 90 days from the date of the commencement of this License Agreement (referred

to as the "Warranty Period") that the Software Media in which the Software is contained are free from defects in material and

workmanship. If, during the Warranty Period, a defect in the Software Media arises, you may return the Program to Licensor for either

replacement or, if so elected by Licensor, refund of amounts paid by you under this License Agreement. You agree that the foregoing

constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this License Agreement. EXCEPT FOR

THE WARRANTIES SET FORTH ABOVE, THE PROGRAM IS LICENSED "AS IS," AND THE LICENSOR DISCLAIMS ANY AND ALL

OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out

of or relating to this License Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall

Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been

advised of the possibility of such damages. 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 YOU.

P/N 104954 Rev. 3

Caliper Life Sciences, Inc. Software License Agreement

Caliper Life Sciences, Inc.

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