MicroStation System, MicroLog Version 4.2 - DTU Systems Biology ...

LICENSE AGREEMENT
Notice: This is a legal agreement between you, an individual or entity (“Licensee”), and Biolog, Inc. (“Licensor”). By
purchasing or using this software, whether it is on a diskette or preinstalled on a computer, you agree to be bound by this
agreement. If you do not accept this agreement, please immediately return the unopened software case containing the
complete contents, as well as any computer on which such contents were preinstalled, to Licensor or other place of purchase.
License: Licensor grants Licensee the right to use the enclosed copy of Licensor’s MicroLog software (the “Software”) at
the single microbiology laboratory (at one physical location) for which this license is granted (the “Site”). The Software
shall include all related materials and documentation provided by Licensor. The Software shall be used only in the conduct
of Licensee’s own business and Licensee shall not permit any third party to use the Software. Licensee shall make available
implementation computer equipment and software configurations approved by Licensor as adequate for implementation of
the Software.
Ownership: The Software and all modifications thereto and all copies thereof are proprietary to Licensor and title thereto
remains in Licensor. All applicable rights to patents, copyrights, know-how, trademarks, and trade secrets in the Software
and any modifications made thereto are and shall remain in Licensor. Licensee shall not sell, transfer, publish, disclose,
display or otherwise make available the Software or copies thereof to others. Licensee agrees to secure and protect each
module, software product, and related documentation in a manner consistent with the maintenance of Licensor’s rights
therein and to take appropriate actions by instruction or agreement with its employees or consultants who are permitted
access to the Software to satisfy its obligations hereunder. Any copies made by Licensee of the Software and other programs
developed hereunder, including translations, compilations, partial copies with modifications and updated works, are the
property of Licensor. Violation of any provision of this paragraph shall be the basis for immediate termination of this
Agreement. No copying or transmission of the Software is permitted.
LIMITED WARRANTY
For one year after the date of the invoice from Seller, Seller will either, at its sole discretion, repair or replace any product
covered by such invoice purchased by you from Seller or Seller’s authorized distributor which, in Seller’s judgment, is
defective in materials or workmanship, or refund the amount paid by you for such product. If the product is dated as to shelf
life, this limited warranty shall in no event extend beyond such shelf life. In the case of third-party computer operating
system software, this limited warranty shall extend only for thirty (30) days after the date of invoice and shall entitle you
only to an exchange, with no right to a refund. This limited warranty does not cover: (a) computer applications software
(which is governed by the Biolog, Inc. Software License Agreement); (b) consumable or disposable items not dated by
Seller as to shelf life, including, without limitation, lamp assemblies, bulbs, fuses, and batteries; or (c) damage caused by
batteries, probes or electrodes. This limited warranty does not apply to any product that has been misused, neglected,
modified, or repaired by anyone other than an authorized service facility, or to any product requiring refrigeration or other
special handling that is not properly refrigerated or so handled. All warranty registration cards included with the products
must be completed and returned by you within ten (10) days after the date of purchase. Any product which is or becomes
defective during said one year period shall be returned by you, transportation, custom duties and other fees prepaid, in the
original carton to Seller’s principal facility in Hayward, California, or such other place which may be designated by Seller.
You must obtain prior approval from Seller before returning any product to Seller. Transportation charges, custom duties
and other fees for return to you shall be paid by you, and you shall bear all risk of loss or damage during transportation to
and from Seller. Seller shall reimburse you transportation charges, custom duties and other charges incurred by you in
returning product pursuant to this paragraph only if: (a) you have complied with all of these Terms and Conditions; and (b)
the returned product is defective in materials or workmanship and is covered by the limited warranty provided in this
paragraph. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THIS DESCRIPTION ON THE FACE
HEREOF, ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE OR COURSE OF PERFORMANCE
NOTWITHSTANDING. THE FOREGOING IS SPECIFICALLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS
OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A
PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE PRODUCTS DO NOT INFRINGE THE PATENT
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EXCEED THE PAYMENTS MADE BY YOU FOR ANY DEFECTIVE PRODUCT.