End User License Agreement - Leica THERMOBRITE ELITE User Manual

3. Installation
3.5

End User License Agreement

When you start the Netbook for the first time, the End User License Agreement is displayed. Read this agreement, and
then click Accept. The ThermoBrite Elite Software will be loaded automatically.
Read the entire End User License Agreement.
This End User License Agreement ("agreement") governs the use of certain computer programs contained in this Leica
Biosystems ("Leica Biosystems") product, ThermoBrite Elite ("Leica Biosystems product"). Acceptance of this EULA for
the Leica Biosystems product constitutes assent and acceptance of this agreement by you and the business entity on
whose behalf the Leica Biosystems product is purchased (collectively "you" or "your") and signifies your agreement to be
bound by the terms and conditions of this agreement. Leica Biosystems's permission for your use of this Leica
Biosystems product is conditional upon your assent to the terms of this agreement to the exclusion of all other terms. If
you do not agree with all of the terms and conditions of this agreement, you may not use the Leica Biosystems product, or
the computer programs contained in the Leica Biosystems product.
Grant of license: Subject to all of the terms and conditions of this agreement, Leica Biosystems grants to you a non-
exclusive, non-sub-licensable and non-transferable license to use the computer programs (in object code form only)
contained in the Leica Biosystems product ("programs") and the associated user documentation ("documentation"
together with the programs referred to herein, collectively, as the "software") only as incorporated within the Leica
Biosystems product and only in accordance with the documentation ("license"). You have no right to receive, use or
examine any source code or design documentation relating to the programs. The software is licensed and not sold. As
between the parties, Leica Biosystems retains all right, title and interest in and to the software, except as expressly and
unambiguously licensed herein, and Leica Biosystems reserves all rights in the software not granted to you.
Restrictions: You shall not (and shall not allow others to): (i) copy the software, except as reasonably required to use the
programs strictly in accordance with this agreement, (ii) alter, adapt, translate or create derivative works based upon the
software, or include the programs in any other products or software, (iii) decompile, disassemble, reverse engineer or
otherwise attempt to discover or reconstruct the source code (or underlying ideas, sequence, structure organization or
algorithms) of any of the programs, or attempt to do so, except to the limited extent the foregoing is expressly permitted
by applicable law, in which case you must first notify Leica Biosystems in writing and request interoperability information
regarding the programs, (iv) provide, rent, loan or lease the software to any other party or provide any information services
to any other party through the use of the software, whether in the form of a timesharing service, service bureau or other
information processing service, (v) remove, modify or obscure any product identification, copyright notice, trademark,
and/or any other proprietary legend contained in the software, (vi) disseminate performance information or analysis
relating to the programs or (vii) use the programs in hazardous environments requiring fail-safe performance in which the
failure of the programs could lead to death, personal injury or environmental damage.
Termination: The license is effective until terminated. The license will terminate automatically without notice if you fail to
comply with any provision of this agreement. Within fourteen (14) days following termination, you shall cease all use of,
and destroy all copies of the software in your possession or control and so certify to Leica Biosystems in writing. Except
for the license, the terms of this agreement shall survive termination. Termination is not an exclusive remedy and all other
remedies will be available to Leica Biosystems whether or not the license is terminated.
Product support: Please use the Leica Biosystems support number provided in the product documentation to obtain
information regarding support of the Leica Biosystems product.
Disclaimer of warranty: To the maximum extent permitted by law, the software, is provided "as is" without warranty of any
kind, and Leica Biosystems disclaims all warranties, either express or implied, including, but not limited to, implied
warranties and conditions of title, merchantability, satisfactory quality, fitness for a particular purpose and non-
infringement. Leica Biosystems does not warrant that the software will be error-free, that use of the programs will be free
from interruption or other failures, that any errors or defects in the software will be corrected or that the software will
satisfy your specific requirements. You acknowledge and agree that Leica Biosystems does not warrant, guarantee, or
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