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BECKMAN COULTER, INC. CUSTOMER END USER LICENSE AGREEMENT
This Product contains software that is owned by Beckman Coulter, Inc. or its suppliers and is protected by
United States and international copyright laws and international trade provisions. You must treat the
software contained in this Product like any other copyrighted material. This license and your right to use
the Product terminate automatically if you violate any part of this agreement.
This is a license agreement and not an agreement for sale. Beckman Coulter hereby licenses this Software
to you under the following terms and conditions:
You May:
1.
Use this software in the computer supplied to you by Beckman Coulter;
2.
Maintain one copy of this software for backup purposes (the backup copy shall be supplied by
Beckman Coulter);
3.
After written notification to Beckman Coulter, transfer the entire Product to another person or entity,
provided you retain no copies of the Product software and the transferee agrees to the terms of this
license agreement.
You May Not:
1.
Use, copy, or transfer copies of this Software except as provided in this license agreement;
2.
Alter, merge, modify, or adapt this Software in any way including disassembling or decompiling;
3.
Loan, rent, lease, or sublicense this Software or any copy.
Limited Warranty
Beckman Coulter warrants that the software will substantially conform to the published specifications for
the Product in which it is contained, provided that it is used on the computer hardware and in the
operating system environment for which it was designed. Should the media on which your software
arrives prove defective, Beckman Coulter will replace said media free of charge within 90 days of delivery
of the Product. This is your sole remedy for any breech of warranty for this software.
Except as specifically noted above, Beckman Coulter makes no warranty or representation, either
expressed or implied, with respect to this software or its documentation including quality, performance,
merchantability, or fitness for a particular purpose.
No Liability for Consequential Damages
In no event shall Beckman Coulter or its suppliers be liable for any damages whatsoever (including,
without limitation, damages for loss of profits, business interruption, loss of information, or other
pecuniary loss) arising out of the use of or inability to use the Beckman Coulter Product software. Because
some states do not allow the exclusion or limitation of liability for consequential damages, the above
limitation might not apply to you.
General
This agreement constitutes the entire agreement between you and Beckman Coulter and supersedes any
prior agreement concerning this Product software. It shall not be modified except by written agreement
dated subsequent to the date of this agreement signed by an authorized Beckman Coulter Representative.
Beckman Coulter is not bound by any provision of any purchase order, receipt, acceptance, confirmation,
correspondence, or otherwise, unless Beckman Coulter specifically agrees to the provision in writing. This
agreement is governed by the laws of the State of California.
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