BioXing™

Solutions for Biotechnology

License Agreement

Product License Agreement

LICENSE AGREEMENT

You must accept to the following license agreement before installing the product.

END USER LICENSE AGREEMENT

Carefully read the following license agreement. You accept and agree to be bound by this license agreement by clicking the icon labeled “I Accept” that is displayed during download. If you do not agree to this license, click the icon labeled “Cancel”.

LICENSE GRANT

“You” means the person or company who is being licensed to use the Software or Documentation. “We”, “us” and “our” means BioXing.

“Developer” license means a license to be used by a software developer for the purpose of developing applications for their own use.

“Application” license means a license to be used in the development of an application and its versions for resale or use by persons other than the developer.

We hereby grant you a nonexclusive license to use one copy of the Software for development of personal use applications if you have purchased the Developer license; otherwise, we grant you a nonexclusive license to use the Software for development of a single application, including its versions, for resale or use by persons other than the developer if you have purchased the Application license.

TITLE

We remain the owner of all right, title and interest in the Software and related explanatory written materials (“Documentation”).

ARCHIVAL OR BACKUP COPIES

You may copy the Software and Documentation for back-up and archival purposes and that your installation and use of the Software does not exceed that allowed in the “License Grant” section above.

THINGS YOU MAY NOT DO

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material—for example a book. You may not:

	Copy the Documentation except to make archival or backup copies as provided above,
	Copy the Software except to make archival or backup copies as provided above,
	Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
	Place the Software onto a server so that it is accessible via a public network such as the internet, or
	Sublicense, rent, lease or lend any portion of the Software or Documentation.

TRANSFERS

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

LIMITED WARRANTY

We warrant that for a period of one year after delivery of this copy of the Software to you that the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of you particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITED REMEDY

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

	Return the price your paid, or
	Repair or replace the Software that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIMS BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERM AND TERMINATION

This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in you possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in you possession.

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRETS RIGHTS.

GENERAL PROVISIONS

1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

This license agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
This license agreement is governed by the laws of the state of California.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

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Last modified: May 2017