License to Use Software. Subject to the other terms of this License, BWH grants you a paid-up, royalty-free, non-exclusive, non-transferable, non-sublicenseable, revocable license to access the Software on BWH’s servers for non-commercial academic research and educational purposes only. This license is limited to the individual, institution or organization that receives the Software through acceptance of the terms of this License, and its employees, staff, faculty, students, and agents. THE SOFTWARE HAS BEEN DESIGNED FOR RESEARCH PURPOSES ONLY AND HAS NOT BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION OR BY ANY OTHER AGENCY. THE SOFTWARE MAY BE USED ONLY AS A REFERENCE TOOL AND ONLY FOR NON-COMMERCIAL ACADEMIC RESEARCH AND EDUCATIONAL PURPOSES. THE SOFTWARE IS NOT INTENDED TO RENDER, AND IS NOT APPROVED FOR, ANY PATIENT CARE PURPOSE, ANY MEDICAL DIAGNOSIS OR PROGNOSIS, ANY TREATMENT PURPOSE OR ANY OTHER USE WITH PATIENTS. CLINICAL APPLICATIONS OF THE SOFTWARE ARE NEITHER RECOMMENDED NOR PERMITTED. You agree not to use the Software for any commercial, for-profit, clinical or decision-making activities. You also agree that the Software and any output thereof will not be used as the basis of a commercial software or hardware product, or incorporated into a commercial product of any kind, and that the Software will not be rewritten in another computer language or otherwise adapted to circumvent the need for obtaining a license from BWH for use of the Software other than as specified by this License. You agree to (i) only use the Software in the manner, and for the purposes, expressly specified in this License; (ii) not decompile, disassemble, analyze or otherwise examine the Software for the purpose of reverse engineering (except to the extent this restriction is expressly prohibited by applicable law); (iii) not delete or in any manner alter any notices, disclaimers or other legends contained in the Software; (iv) not copy, reproduce, republish, upload, post, transmit, or distribute all or any portion of the Software, or facilitate or permit a third party to do so; (v) not hide or remove any notices, disclaimers or other legends contained in the Software; (vi) not provide service bureau facilities or commercial time-sharing services to any third party or supporting operations for any third party through the access and/or use of the Software; (vii) not ship, transmit, transfer, or export the Software into any country or use the Software in any manner prohibited by United States export laws, restrictions or regulations; and (viii) abide by all applicable local, state, national and international laws and regulations, including The Health Insurance Portability and Accountability Act of 1996 and related all laws, rules and regulations. Your use of the Software may also require use of other software or patent rights. You are responsible for securing any additional software and licenses you may need. Without limiting the generality of the foregoing, as a part of its operation, the Software may access or use other software or web sites owned or controlled by third parties. BWH has no control over the content in such third-party software or on such third-party web sites. BWH does not take any responsibility or assume any liability for information contained in such third-party software or on other web sites. You are responsible for securing any additional licenses you may need to access or use such third-party software or web sites and for complying with all terms imposed on the use of such third-party software or web sites imposed by the owners or licensors of such third-party software or web sites. You agree that by submitting data to use the Software you are granting permission to include any found variants (SNPs, indels, etc.) into a public database of known variation for the benefit of others. This database is used for filtering out non-causal variation and greatly expedites causal variant discovery. BWH reserves the right to submit data from its databases to other public databases (i.e., dbSNP) for the benefit of others. Although SNPs in regions around the mapped mutation sites should not be added to the database, BWH cannot guarantee that the actual causal SNP or variant will not be added to the database due to genomic assembly issues and inaccuracies, sequencing and annotations errors, possible mapping method limitations and misalignments. BWH cannot and does not guarantee full confidentiality and security of your data. Please do not submit any proprietary or confidential data, as its full privacy cannot be guaranteed. BWH does not accept any liability for data that is lost, stolen, accessed, made publicly available or misused. BWH reserves the right to access submitted data and results for the purpose of further software and method development, debugging, review and analytics. You are responsible for ensuring that your employees, contractors, staff, faculty, students, and agents comply with all of the terms of this License. You warrant that you will make each of your users aware of the limitations set forth in this License before authorizing his/her access to the Software.
Appears in 1 contract
Sources: End User License Agreement
License to Use Software. Subject Buyer acknowledges that the software or firmware components and applications, if any, accompanying the Products sold hereunder (the “Software”) are licensed and not sold to Buyer. Upon receipt of full payment therefor, Newport grants to Buyer a nonexclusive, personal, nontransferable, limited and royalty-free license to use and execute such Software in object code form only and only in conjunction with the operation of the associated Product. Buyer shall receive no rights to the other terms of this License, BWH grants you a paid-up, royalty-free, non-exclusive, non-transferable, non-sublicenseable, revocable Software except as expressly provided herein. No license to access the Software on BWH’s servers for non-commercial academic research and educational purposes only. This license is limited to the individual, institution or organization that receives the Software through acceptance of the terms of this License, and its employees, staff, faculty, students, and agents. THE SOFTWARE HAS BEEN DESIGNED FOR RESEARCH PURPOSES ONLY AND HAS NOT BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION OR BY ANY OTHER AGENCY. THE SOFTWARE MAY BE USED ONLY AS A REFERENCE TOOL AND ONLY FOR NON-COMMERCIAL ACADEMIC RESEARCH AND EDUCATIONAL PURPOSES. THE SOFTWARE IS NOT INTENDED TO RENDER, AND IS NOT APPROVED FOR, ANY PATIENT CARE PURPOSE, ANY MEDICAL DIAGNOSIS OR PROGNOSIS, ANY TREATMENT PURPOSE OR ANY OTHER USE WITH PATIENTS. CLINICAL APPLICATIONS OF THE SOFTWARE ARE NEITHER RECOMMENDED NOR PERMITTED. You agree not to use the Software for any commercial, for-profit, clinical or decision-making activities. You also agree that the Software and any output thereof will not be used as the basis of a commercial software or hardware product, or incorporated into a commercial product of any kind, and that the Software will not be rewritten in another computer language or otherwise adapted to circumvent the need for obtaining a license from BWH for use source code of the Software is provided hereunder. ▇▇▇▇▇ agrees that it shall not use, distribute, license, sublicense, resell or otherwise transfer all or any part of the Software or supporting documentation other than as specified by this Licenseexpressly permitted hereunder without the prior written consent of Newport. You agree to (i) only use the Software in the manner▇▇▇▇▇ agrees that it shall not, and for the purposesnor shall it permit any employee or agent of Buyer to, expressly specified in this License; (ii) not decompileadapt, disassemblemodify, analyze or otherwise examine the Software for the purpose of reverse engineering (except to the extent this restriction is expressly prohibited by applicable law); (iii) not delete or in any manner alter any notices, disclaimers or other legends contained in the Software; (iv) not copy, reproduce, republishreverse engineer, upload, post, transmitdecompile, or distribute all or any portion of the Software, or facilitate or permit a third party to do so; (v) not hide or remove any notices, disclaimers or other legends contained in the Software; (vi) not provide service bureau facilities or commercial time-sharing services to any third party or supporting operations for any third party through the access and/or use of the Software; (vii) not ship, transmit, transfer, or export the Software into any country or use disassemble the Software in any manner prohibited by United States export lawsway without the prior written consent of Newport. Except as expressly set forth herein, restrictions or regulations; and (viii) abide by all applicable local, state, national and international laws and regulations, including The Health Insurance Portability and Accountability Act of 1996 and related all laws, rules and regulations. Your use of Newport shall have no obligations to Buyer whatsoever with regard to the Software may also require use of other software or patent rights. You are responsible for securing any additional software and licenses you may needSoftware. Without limiting the generality of the foregoing, Newport has no obligation to develop updates or modifications to the Software or develop or provide Software development tools to Buyer. AGREEMENT NOT TO REPLICATE. ▇▇▇▇▇ agrees not to copy, replicate or reverse engineer the Products, use the Products as a part tools or molds, or to permit such actions by any third party. THE PARTIES ACKNOWLEDGE AND AGREE THAT THEY ARE ENTERING INTO THIS AGREEMENT ON THE UNDERSTANDING THAT THE PRICE FOR THE PRODUCTS TO BE PROVIDED HAS BEEN SET TO REFLECT THE FACT THAT BUYER AGREES NOT TO COPY OR REPLICATE PRODUCTS, TO USE PRODUCTS AS TOOLS OR MOLDS, OR TO PERMIT SUCH ACTIONS BY ANY THIRD PARTY, AND IF NOT SO ACKNOWLEDGED AND AGREED, THE PRICES FOR THE PRODUCTS WOULD HAVE BEEN SUBSTANTIALLY HIGHER. WARRANTY; DISCLAIMER OF WARRANTY. Except as otherwise expressly stated in Newport’s quote or order acknowledgment or in the current operating manual or other written guarantee for any of its operationthe Products, Newport warrants that, for the period of time set forth hereinbelow with respect to each Product or component type (the “Warranty Period”), the Software Products sold hereunder will be free from defects in material and workmanship, and will conform to the applicable specifications, under normal use and service when correctly installed and maintained. Newport shall repair or replace, at Newport’s sole option, any defective or nonconforming Product or part thereof which is returned at Buyer’s expense to Newport’s facility, provided, that Buyer notifies Newport in writing promptly after discovery of the defect or nonconformity and within the Warranty Period. Products may access only be returned by ▇▇▇▇▇ when accompanied by a return material authorization number (“RMA#”) issued by Newport’s Return Department, with freight prepaid by Buyer. Newport shall not be responsible for any damage occurring in transit or use obligated to accept Products returned for warranty repair without a RMA#. Buyer bears all risk of loss or damage to the Products until delivery at Newport’s designated facility. Newport shall pay for shipment back to Buyer for Products repaired under warranty. Repairs made or Products or components replaced under warranty are warranted for the remaining unexpired duration of the original Warranty Period for such Products or components. For Products returned for repair that are not covered under warranty, Newport’s standard repair charges shall be applicable in addition to all shipping expenses. Unless otherwise stated in Newport’s repair quote, any such out-of-warranty repairs are warranted for ninety (90) days from date of shipment of the repaired Product. Lasers and components thereof are warranted for the number of months or measure of usage specified in Newport’s quote, order acknowledgment or operating manual for each laser or component thereof, or, if not specified in Newport’s quote, order acknowledgment or operating manual, twelve (12) months from the date of shipment (except for the flashlamp components of lasers, the optical and crystal components of pulsed lasers, service parts, and stand-alone semiconductor diode lasers, which are warranted for ninety (90) days). Gratings, optical filters and replicated mirrors (whether sold as separate Products or constituting components of other software or web sites owned or controlled by third partiesProducts) are warranted for a period of ninety (90) days from the date of shipment. BWH has no control over All other Products are warranted for a period of twelve (12) months from the content in such third-party software or on such third-party web sitesdate of shipment. BWH The foregoing warranty does not take apply to Products which are (a) repaired, modified or altered by any responsibility party other than Newport; (b) used in conjunction with equipment not provided or assume any liability for information contained authorized by Newport; (c) subjected to unusual physical, thermal, electrical or optical stress, improper installation, misuse, abuse, tampering, accident, contamination, or negligence in such third-party software use, storage, transportation or on other web sites. You are responsible for securing any additional licenses you may need to access handling; or use such third-party software (d) considered a consumable item or web sites and for complying with all terms imposed on the use of such third-party software an item requiring repair or web sites imposed by the owners or licensors of such third-party software or web sites. You agree that by submitting data to use the Software you are granting permission to include any found variants (SNPs, indels, etc.) into a public database of known variation for the benefit of others. This database is used for filtering out non-causal variation and greatly expedites causal variant discovery. BWH reserves the right to submit data from its databases to other public databases (i.e., dbSNP) for the benefit of others. Although SNPs in regions around the mapped mutation sites should not be added to the database, BWH cannot guarantee that the actual causal SNP or variant will not be added to the database replacement due to genomic assembly issues normal wear and inaccuraciestear. The foregoing warranty will also not apply if the “Warranty Void If Broken” seal located on any Product has been removed, sequencing broken or otherwise tampered with. On-site warranty repair is not covered under the foregoing warranty. The foregoing warranty applies only so long as the Products remain in use in the country of purchase. To the extent the Products are removed from the country of purchase, the foregoing warranty may be voided at Newport’s discretion. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ▇▇▇▇▇▇▇ MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS, SOFTWARE OR SERVICES. NEWPORT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE PRODUCTS, SOFTWARE OR SERVICES. THE OBLIGATIONS OF NEWPORT SET FORTH IN THIS PARAGRAPH SHALL BE NEWPORT’S SOLE LIABILITY, AND BUYER’S SOLE REMEDY, FOR BREACH OF THE FOREGOING WARRANTY. Representations and annotations errors, possible mapping method limitations and misalignments. BWH cannot and does not guarantee full confidentiality and security of your data. Please do not submit any proprietary or confidential data, as its full privacy cannot be guaranteed. BWH does not accept any liability for data that is lost, stolen, accessed, warranties made publicly available or misused. BWH reserves the right to access submitted data and results for the purpose of further software and method development, debugging, review and analytics. You are responsible for ensuring that your employees, contractors, staff, faculty, students, and agents comply with all of the terms of this License. You warrant that you will make each of your users aware of the limitations set forth in this License before authorizing his/her access to the Software.by any
Appears in 1 contract
Sources: Terms and Conditions of Sale