PerkinElmer LabChip GX User Manual

PerkinElmer Software License Agreement 335
V4.2 LabChip GX User Manual PerkinElmer
13 U.S. Government End Users. The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if
the Licensee is the US Government or any contractor therefor, Licensee shall receive only those rights with respect to the Software and
Documentation as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R.
§227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US
Government licensees and their contractors. If this Agreement fails to meet the Government's minimum needs or is inconsistent in any
respect with Federal procurement law, the Government agrees to return this software, unused, to PerkinElmer.
14 Export Law. The Software is subject to U.S. export control laws and may be subject to export or import regulations in other countries.
Licensee agrees to strictly comply with all such laws and regulations and acknowledge that Licensee has the responsibility to obtain any
required export, re-export, or import licenses. Licensee agree to indemnify and hold PerkinElmer harmless from all claims, losses,
liabilities, damages, fines, penalties, costs and expenses relating to Licensee's breach of these obligations.
15 Trademark Acknowledgement. The PerkinElmer logo is a registered trademark of PerkinElmer, Inc. PerkinElmer and LabChip are
registered trademarks of PerkinElmer, Inc. and/or its Affiliates. All other Third Party brands, products, service names, trademarks, or
registered service marks are used to identify the products or services of their respective owners, and are the property of their respective
holders.
16 General.
a This Agreement will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to conflict of laws
principles that require the application of the laws of any other jurisdiction. The UN Convention on Contracts for the International Sale
of Goods will not apply to this Agreement. Licensee hereby irrevocably submits to the personal jurisdiction and venue of, and agrees
to service of process issued or authorized by, state and federal courts with jurisdiction over Suffolk County, Massachusetts, and
Licensee waives any objection thereto. The prevailing party in any action under this Agreement is entitled to receive its costs and
expenses, including reasonable attorneys' fees, incurred in that action, in addition to any other relief it may receive.
b If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or
unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction. This Agreement may only be amended, modified or supplemented by an agreement in writing
signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in
writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in
exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor
shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof
or the exercise of any other right, remedy, power or privilege. Licensee may not assign or delegate this Agreement, nor any rights or
duties hereunder, in whole or in part, without PerkinElmer's prior written approval, which may be withheld in its sole discretion, and
any purported attempt to do so is void. Only a written amendment referencing this Agreement and executed and delivered by both
parties can modify this Agreement.
c PerkinElmer shall not be in default hereunder by reason of any failure or delay in the performance of its obligations hereunder where
such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist
attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air
conditioning or Licensee equipment, loss and destruction of property or any other circumstances or causes beyond PerkinElmer's
reasonable control.
d This Agreement and all other documents that are incorporated by reference herein, constitutes the sole and entire agreement
between PerkinElmer and Licensee with respect to the subject matter contained herein, and supersedes all prior and
contemporaneous understanding, agreements, representations and warranties, both written and oral, with respect to such subject
matter. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against
the party drafting an instrument or causing any instrument to be drafted.

PerkinElmer LabChip GX Specifications

General

Brand	PerkinElmer
Model	LabChip GX
Category	Measuring Instruments
Language	English