Appendix E Licensing 155
USG-CUS-059 Rev05MassARRAY® Nanodispenser RS1000 v2.1 User Guide
For Research Use Only. Not for use in diagnostic procedures.
(a)The Customer shall limit its use of Oracle's products to the scope of the application
package and to its business operations;
(b)The Customer shall not transfer Oracle's products except for temporary transfer in the
event of computer malfunction;
(c)The Customer shall not assign Oracle's products or any interest in Oracle's products. If
a security interest is granted in Oracle's products, the secured party has no right to use or
transfer Oracle's products;
(d)The Customer shall not operate a timeshare, hosting, subscription service, or rental
use of Oracle's products;
(e)Title to Oracle's products remains with Oracle and shall not pass to the Customer or to
any other party;
(f)The Customer shall not reverse engineer, disassemble or decompile Oracle's products
unless required for interoperability and then only to the extent so required for such
interoperability;
(g)The Customer shall not duplicate Oracle's products except for a sufficient number of
copies for the Customer's licensed use and a single back up or archival copy;
(h)Oracle shall not be liable for any damages whether indirect, incidental, special,
punitive, or consequential arising from the use of its products;
(i)Where the license which is granted by Agena in respect of Oracle products expires or
terminates and is not renewed, the Customer shall discontinue use and destroy or return
all copies of Oracle's products and documentation to Agena;
(j)The Customer shall not cause to be publicized any results of benchmark tests run on
Oracle's products;
(k)The Customer shall comply fully with all relevant export laws and regulations of the
United States and other applicable export and import laws to assure that neither the
Oracle products themselves nor any direct products thereof are exported, directly or
indirectly in violation of applicable laws;
(l)Oracle is not required to perform any obligations other than to the extent agreed by
Agena and Oracle;
(m)Agena has the right to audit Customer's use of Oracle's products and report such use
to Oracle, or to assign such right to another person;
(n)Oracle is a third party beneficiary of these Customer license terms;
(o)The Uniform Computer Information Transactions Act shall not apply; and
(p)To the extent that Oracle source code is included with any application package, such
source code is similarly governed by the terms above.
[August 2015]
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