You agree that the Software and aspects of the Materials, including the specific design and structure of
individual programs, constitute trade secrets and/or copyrighted material of Licensor. Except as
specifically authorized in conjunction with transferring rights, you shall not disclose, provide, or
otherwise make available such trade secrets or copyrighted material in any form to any third party without
the prior written consent of Licensor. You shall implement reasonable security measures to protect such
trade secrets and copyrighted material. Title to the Software and Materials and associated intellectual
property rights shall remain solely with Licensor.
Licensor delivers the software "as is" with all faults. All express or implied conditions, representations,
and warranties including, without limitation, any implied warranty of merchantability, fitness for a
particular purpose, or noninfringement, or any implied warranty, right or obligation arising from a course
of dealing, usage, or trade practice, are hereby excluded and expressly disclaimed to the extent allowed by
applicable law.
IN NO EVENT WILL LICENSOR 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 LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
Limitation of Liability. In no event shall Licensor's liability to you, whether in contract, tort (including
negligence), or otherwise, exceed $250.00.
This License Agreement is effective until terminated. You may terminate this License Agreement at any
time by destroying all copies of Software and Materials. Additionally, Licensor may terminate this
License Agreement immediately upon notice to you. This License Agreement will terminate immediately
without notice from Licensor if you fail to comply with any provision of this License Agreement. Upon
termination, you must destroy all copies of Software.
The Software and Materials, including technical data, is subject to U.S. export control laws, including the
U.S. Export Administration Act and its associated regulations, and may be subject to export or import
regulations in other countries. You shall comply strictly with all such regulations, and you hereby
acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the
Software, Materials or any part thereof. This paragraph is not intended to grant any rights inconsistent or
greater than granted elsewhere in this License Agreement.
U.S. Government Restricted Rights
The Software and Materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure
by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
This License Agreement shall be construed and governed in accordance with the laws of the State of
California, without regard to its principles of conflicts of law.
Mx3000P and Mx3005P QPCR Systems Setup and User’s Guide 35
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