IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: BIOSERO INC End-User License Agreement
("EULA") is a legal agreement between you (referred to as “Licensee”) (either an individual or a single entity) and BIOSERO INC for the BIOSERO INC software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCTS transacted through this agreement are licensed, not sold to Licensee for the use only under the terms of this EULA. By installing, copying, or otherwise using the SOFTWARE PRODUCT, Licensee agrees to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between Licensee and BIOSERO INC, and it supersedes any prior proposal, representation, or understanding between the parties.
If at any time Licensee does not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. Immediately delete any copies that Licensee may have.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use
Subject to Licensee’s full and ongoing compliance with the terms and conditions of this EULA, including without limitation payment of all applicable license fees, Biosero INC grants Licensee the right to install and use one copy of the SOFTWARE PRODUCT activated by a license key on a single device owned, leased, or otherwise controlled by Licensee, at a single time (the “Authorized Device”). If Licensee has multiple license keys for the SOFTWARE PRODUCT, Licensee may install and use as many copies of the SOFTWARE PRODUCT as Licensee has license keys, in each case, on an Authorized Device and only as authorized herein. The SOFTWARE PRODUCT may not be used on, distributed to, or installed on a greater number of computers than Licensee has license keys. If Licensee uses or distributes the SOFTWARE PRODUCT to multiple users, Licensee must ensure that the number of Authorized Devices does not exceed the number of license keys Licensee has obtained, or Licensee will be in breach of this EULA and such use and distribution is unlicensed.
(b) Backup Copies
Licensee may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes. Any such copies of the SOFTWARE PRODUCT shall include any copyright or other proprietary notices that were included on such materials when Licensee first received them. Except as authorized in this Section, no copies of the SOFTWARE PRODUCT, documentation or license keys, or any portions thereof, may be made by Licensee or any person under Licensee’s authority or control.
(a) Maintenance of Copyright Notices
Licensee must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution
Licensee may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from BIOSERO INC's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
Licensee may not reverse engineer, decompile, or disassemble or otherwise translate the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Licensee may not modify or adapt the SOFTWARE PRODUCT or any license keys that Licensee has obtained in any way.
(d) Assignment of Rights
Licensee may not sublicense, rent, lease, or lend the SOFTWARE PRODUCT or license keys as granted by this EULA without prior written consent of Biosero INC. Biosero INC may assign this Agreement without limitation.
(e) Support Sevices
BIOSERO INC may provide Licensee with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to Licensee as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. Licensee acknowledges that Biosero INC has no implied or expressed obligation to make available or announce any enhancements, revisions, modifications or enhancements to the SOFTWARE PRODUCT. Licensee agrees that they do not have any rights to any of the aforementioned items.
(f) Compliance with Applicable Laws
Licensee must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Licensee acknowledges and agrees that Biosero INC may modify and/or discontinue the SOFTWARE PRODUCT, versions, features and support maintenance from time to time for reasons including but not limited to changes in demand, technology and security.
(a) Without prejudice to any other rights, BIOSERO INC may terminate this EULA if Licensee fails to comply with the terms and conditions of this EULA or fail to pay any invoices associated with the purchase of the SOFTWARE PRODUCT or licenses to Biosero INC. In such event, Licensee must destroy all copies of the SOFTWARE PRODUCT in Licensee’s possession.
(b) Licensee’s right to use and access the SOFTWARE PRODUCT will automatically terminate on expiry of the applicable term or this EULA (whichever is earlier) unless and until Licensee renews the licenses for the SOFTWARE PRODUCTS. Except as expressly set forth herein, all fees paid or payable are non- refundable to the maximum extent permitted by law.
Licensee acknowledges and agrees that Biosero INC may remotely and directly communicate with the SOFTWARE PRODUCT in order to provide maintenance and/or service, collect information pertaining to the SOFTWARE PRODUCT, versions, features, and operating systems being used. The information that is collected may be used in order to provide the SOFTWARE PRODUCT, perform this EULA, improve the performance of the SOFTWARE PRODUCT, issuing alerts and notices to Licensee about incidents and changes to the SOFTWARE PRODUCT. Biosero INC may also require Licensee contact information and payment information (if applicable) for the purposes of providing technical support, billing, verifying license keys and issuing license expiration and renewal notices.
(a) Biosero INC shall be free to use any ideas, concepts, suggestions, or techniques contained in information received from Licensee that directly relates to the SOFTWARE PRODUCT for its own business purposes. Biosero INC may incorporate modifications or changes to the SOFTWARE PRODUCT into products that are licensed to other customers
(b) Biosero INC may, at it sold discretion novate, assign, subcontract or transfer any of its rights or obligations hereunder.
(c) Biosero INC may, at any time, amend the terms and conditions of this EULA without limitation. Licensee acknowledges and agrees to all amended terms and conditions effective on the date of the change. All changes shall immediately supersede any prior version of the EULA.
(d) Failure to enforce any portion of this EULA, by either party, shall not be construed as a waiver of any of its rights
(e) Any portion of this EULA that is found to be unenforceable, invalid or illegal shall not have any effect on the remainder of the EULA.
(f) If Licensee and Biosero INC have signed another written agreement covering the use of the SOFTWARE PRODUCT whereby there is a conflict between that agreement and this EULA, the terms and conditions of the EULA shall take precedence.
(g) If there are any inconsistencies between the English language version of this EULA and any translated version, then the English language version shall prevail.
Portions of the SOFTWARE PRODUCT may operate or interface with software or other technology that is licensed to Biosero INCs from third parties, which is not proprietary to Biosero INC, but which Biosero INC, has the necessary rights to license to Licensee. Licensee acknowledges and agrees to use such third party software in accordance with this EULA., that no third party licensor makes any warranties, conditions, undertakings or representations of any kind, either express or implied, to Licensee concerning such third party software or the Products themselves, no third party licensor will have any obligation or liability to Licensee as a result of this EULA or Licensee’s use of such third party software, such third party software may be licensed under license terms which grant Licensee additional rights or contain additional restrictions in relation to such materials, beyond those set forth in this EULA. For the avoidance of any doubt, such additional rights and/or restrictions apply to the third party software on a standalone basis; nothing in such third party licenses shall affect Licensee’s use of the SOFTWARE PRODUCT in accordance with the terms and conditions of this EULA.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by BIOSERO INC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants Licensee no rights to use such content. All rights not expressly granted are reserved by BIOSERO INC.
BIOSERO INC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. BIOSERO INC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. BIOSERO INC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. BIOSERO INC further expressly disclaims any warranty or representation to Authorized Users or to any third party.
The use of the SOFTWARE PRODUCT is at Licensee’s own risk. In no event shall BIOSERO INC be liable for any indirect, consequential, incidental of special damages (including, without limitation, lost profits, business interruption, damaged equipment, damaged hardware, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if BIOSERO INC has been advised of the possibility of such damages. In no event will BIOSERO INC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit, loss of contracts, business interruptions, loss of or corruption of data), or other damages based in contract, tort or otherwise. BIOSERO INC shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.