End User License Agreement for
Omixon’s Software Solutions
Target – HLA Explore – HLA Twin – NanoTYPER – HoloGRAFT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
Single User License Grant: Omixon Biocomputing Ltd. (“Omixon”) and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the Omixon software (“Software”) in object code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Omixon.
Multiple-Users License Grant: Omixon Biocomputing Ltd. (“Omixon”) and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the Omixon software (“Software”) in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer for which Customer has paid a license fee (“Permitted Number of Computers”); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer shall not install or use the Software on virtual machines. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee or in the case of an evaluation copy, those programs Customer is authorized to evaluate and (ii) for which Customer has received a product authorization key (“PAK”). Customer grants to Omixon or its independent accountants the right to examine its books, records and accounts during Customer’s normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to Omixon the appropriate licensee fee for the additional computers of the Customer. At Omixon’s option, Omixon may terminate this License at any time for failure to pay the required license fee.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY OR MODIFY, IN WHOLE OR IN PART, THE SOFTWARE OR ITS DOCUMENTATION; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Software is provided AS IS. In no event does Omixon warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
DISCLAIMER. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL OMIXON OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF OMIXON OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Omixon’s or its suppliers’ liability to Customer, whether in contract, tort
(including negligence), or otherwise, exceed the price paid by Customer.
This License is effective for a fixed number of days after initial registration or for a fixed
number of analysis. The number of days or analysis depends on the product chosen. The License term can be extended by paying a license fee. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Omixon if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
Free evaluation or investigational use. Customers may request Omixon to grant a License or License extension to use Omixon Software free of charge to carry out evaluation or scientific validation of Omixon Software. Unless otherwise agreed in a separate agreement, (1) the results obtained using Omixon Software (the Results) within the free evaluation and validation program may only be published with written permission from Omixon, (2) any intellectual property vested in the Results shall be owned by Omixon. Unless the license fee is paid in full the use of Omixon Software is considered evaluation and investigational use.
Other than as expressly stated, no right or title in the Software, including any patent, copyright, trade secret, trademark or any other right in respect of the Software is granted to the Customer under this License by implication or otherwise. Nothing in this License modifies or transfers any existing intellectual property right of Omixon vested in the Software. All inventions, improvements, procedures, programs, developments, discoveries, and other work product including derivative works, created by or with the help of using or applying the Software, solely or with others, are and remain the exclusive property of Omixon. Customer will assign and transfer, and irrevocably assigns and transfers to Omixon all right, title, and interest in and to the Software.
This paragraph shall remain in effect for an unlimited period of time after the termination,
cancellation or expiration of the License.
Customer recognizes, acknowledges and agrees that any violation or threatened violation of this License may cause irreparable injury to Omixon, entitling Omixon to seek injunctive relief, in addition to all other legal remedies available to it.
Publications: Any publication, presentation or poster that results from the analysis of data
using the Omixon software must credit Omixon and include the appropriate reference to the https://www.omixon.com website.
Customer agrees that if Customer submits or renders accessible Personal Data to Omixon using the Software or through the Software, Customer shall act as data controller and Omixon shall act as data processor. Customer further guarantees that it will comply with the relevant legal provisions when handling personal data. Customer especially warrants that it has acquired the personal data lawfully, has fulfilled its obligations concerning informing the data subjects and has right to transfer such data to Omixon and warrants that it will comply with GDPR (European Parliament and Council Regulation (EU) 2016/679) and the relevant legislation while acquiring, handling, transferring or allowing access to Omixon to such personal data.
Omixon processes the personal data only on Customer’s documented instructions exclusively to be able to fulfil its obligations concerning the services regarding the Software. Omixon’s personnel authorised to process personal data have committed themselves to confidentiality. Omixon takes all measures required pursuant to Article 32 of the GDPR and respects the conditions referred to in paragraphs 2 and 4 for of Article 28 of the GDPR while engaging another processors. Omixon shall assist Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to requests for exercising the data subject’s rights. Omixon assists Customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR. Omixon, at the choice of Customer, deletes or returns all the personal data to Customer after the end of the provision of services relating to processing. Omixon makes available to Customer all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits as required by the GDPR.
Customer shall release Omixon from any and all legal consequences arising from the breach of the present article. In particular, but not limited to, Customer is obliged to act in order to release Omixon from any court or authority procedure and to enter the proceedings.
The copyright holder of Omixon Software is Omixon Biocomputing Ltd, Kaposvar u. 14-18., Budapest, 1117, Hungary, it’s suppliers and subsidiaries.
