Terms of use

IMPORTANT - PLEASE READ CAREFULLY: THIS LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) (“YOU”) AND BIOTURING, INC. (BIOTURING) FOR THE BIOVINCI SOFTWARE CREATED AND PROVIDED BY BIOTURING, AND ANY UPDATES OR ERROR CORRECTIONS BY BIOTURING, AND ITS ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). BY CHECKING “I AGREE TO BIOTURING’S LICENSE AGREEMENT” DURING THE ACTIVATION PROCESS OR BY INSTALLING, ACCESSING, OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BIOTURING WILL ONLY ALLOW YOU TO INSTALL, ACCESS, OR OTHERWISE USE THE SOFTWARE IF YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL THAT REPRESENTS AN ENTITY, YOU MUST BE LEGALLY AUTHORIZED TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT HAVE SUCH LEGAL AUTHORIZATION, THEN DO NOT INSTALL, ACCESS OR OTHERWISE USE THE SOFTWARE.


DEFINITIONS

“Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

“License Key” means, collectively, the specific serial number, code, and authorization for each copy of the Licensed Software issued by BioTuring.

“License Fee” means the fee charged for the Software License.

“Update” means any official update or error correction or revision provided by BioTuring to the Software that may contain new features, functions, or enhancement.

“Machine ID” is the name that a computer uses to identify itself from the other machines on a given network.


LICENSE AND TERM.Under the terms and conditions of this Agreement, the Software license granted to you is non-exclusive, non-assignable, non-transferable, non-sublicensable, limited, and revocable. You are liable to strictly comply with the term of the license that you purchased or are granted by BioTuring.

a) The Trial License is free of charge and can be used for a period of 3 consecutive days (72 hours) from the time you request the Trial License Key. One Computer (one Machine ID) can register, activate and run the Trial License one time only. One valid verified email address can request up to 2 Trial License Keys, which shall be activated on 2 different Computers (2 different Machine IDs). After 3 consecutive days (72 hours) from the time you request the Trial License Key, the Trial License shall expire and the Software will cease to function. Any action or attempt to disable, interrupt or otherwise modify BioTuring’s system in order to extend or modify the term of the Trial License without BioTuring’s authorization is deemed to be a breach of this Agreement and is strictly prohibited.

b) The Software License shall be granted to you after you have paid the License Fee, received your valid invoice and completed all necessary registration procedures as required by BioTuring. The period of time for your Software License shall be subject to what you have registered or purchased as indicated on the invoice, and shall be calculated from the time you purchase the License. The Software License may be terminated earlier if you violate any term or condition of this Agreement. A valid License Key can be activated one time only on one Computer only. You must choose the Computer that will run the Software and install the Software on this Computer first before requesting or purchasing a license. Through this process, you agree to send the hardware configuration of your Computer to BioTuring. BioTuring shall use this information solely for the purpose of identifying your request or purchase.


UPDATE. If you receive an official Update of the Software from BioTuring, you should ensure that you have backed up all your data prior to installing the Update. You hereby agree that BioTuring shall not be liable for any change, incompatibility or loss of your data arising from, or in connection with, the Update.


ACTIVATION AND LICENSE VERIFICATION. After installation, you must activate the Software before using it for the first time. You have no right to use the Software unless it is activated. You hereby agree that BioTuring verifies your License or Trial License each time you open the Software. In this verification process, the Software will send the information about the Software License and the Computer to BioTuring. This information includes the License Key, or the Trial License Key, the version of the Software, and the hardware configuration of the computer. By installing, accessing or otherwise using the Software, you agree to the transmission of such information. Any action or attempt to disable, interrupt, bypass, circumvent, spoof or otherwise modify this transmission is forbidden.


INSPECTION. For the enforcement of BioTuring’s rights under this Agreement and applicable law, BioTuring or BioTuring’s authorized representative(s) shall have the right to inspect and audit your use of the Software, at your facilities or electronically, with or without prior written notice, to investigate any reported or apparent violation of this Agreement, or to verify that you are legally authorized by BioTuring to install, access or otherwise use the software and in compliance with the Agreement. If such inspection(s) or audit(s) prove your violation of the Agreement, then you must pay all the unpaid license fees and any reasonable costs of the inspection(s), and the license for the Software shall terminate, and the software shall cease to function on your computer(s). BioTuring or BioTuring’s representative(s) shall have the right to use and disclose the information obtained during the inspection or audit for the enforcement of BioTuring’s right under this Agreement and applicable law, or when such uses and disclosures are required by a court of competent jurisdiction. Nothing in this Section, or nothing in this Agreement, shall be deemed to limit any remedies that BioTuring can implement if any violation of this Agreement occurs.


INTELLECTUAL PROPERTY RIGHTS. The Software is copyrighted and is licensed to you, not sold. BioTuring and its licensor(s) own the Title to the Software and all other rights that are not expressly granted to you under this Agreement at all times. You must strictly comply with the copyright law and all other applicable laws of the United States and all other applicable jurisdictions including, but not limited to, export control laws. All the following actions are expressly prohibited:


a) You must not (or must not allow or authorize any third party to) reproduce or modify the Software in any form or by any means, or reverse assemble, reverse engineer, or decompile the Software, except to the extent applicable laws specifically prohibit such restriction.

b) You must not (or must not allow or authorize any third party to) sublicense, rent, lease, loan, lend, sell, distribute the Software or any portion of the Software in modified or unmodified form without BioTuring’s authorization.

c) You must not translate, adapt, arrange or create derivative works based on the Software in any manner, and you must not exploit the Software in any unauthorized way whatsoever.

d) You must not copy or otherwise replicate the Software for any purposes other than that required for reasonable memory backup or data stripping.

e) You must not remove, destroy, erase, alter, exploit or otherwise modify BioTuring’s or the Software’s logo(s) or any copyright or other proprietary notices from the Software or the user documentation without BioTuring’s authorization whatsoever.


Notwithstanding any other provision of this Agreement, BioTuring shall have the right to change, suspend, remove, limit or disable access to the Software or any portion of the Software at any time, with or without prior notice. Under no circumstances will BioTuring be liable for such change, suspension, removal, limit or disabling of access to the Software, or any portion of the Software.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. THIS SOFTWARE AND THE USER DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


GENERAL PROVISIONS.


a) Any attempt or action in order to reduce the number of licenses that you need or are required to purchase is strictly prohibited, including but not limited to the use of multiplexing or pooling (hardware or software to pool connections, reroute information, or reduce the number of devices or users that directly access or use the Software).

b) b) The Software is designed for analytic and research purposes only. As such we insist that you use the Software in conjunction with additional methods, checks and experts’ guidance, before relying on the Software for any sort of diagnostic or clinical purposes.

c) The export of the Software must not violate the export control laws of the United States of America and may be subject to other countries’ export or import laws and regulations. You hereby agree to comply strictly with all such regulations and acknowledge that you are liable to obtain licenses to export, reexport, or import Software.

d) If any provision, or any portion of a provision, is found void or unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining portion of such provision and all other provisions remaining elsewhere herein shall remain in full force and effect and shall not be affected by such invalidity or unenforceability.

e) This agreement constitutes the complete and exclusive statement of your agreement with BioTuring with respect to the Software and supersedes all prior or contemporaneous agreements and understandings, including but not limited to all terms and conditions contained in any purchase order, order acknowledgment form, invoice, advertisement, catalog or other publication or statement.

f) You hereby agree that BioTuring has the rights to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions (“Additional Terms”) with respect to the Software. Such Additional Terms will be incorporated into this Agreement and shall take effect immediately thereafter. Your continued use of the Software following will be deemed to constitute your acceptance of any and all such Additional Terms.

g) No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.

GOVERNMENT USE. Upon any acquisition of the Software by or on behalf of the United States Government, the Software shall be provided to the Government or the Government’s contractor(s) or subcontractor(s) only as a Commercial item and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.


GOVERNING LAW. This Agreement shall be governed and construed with the laws of the State of California, U.S.A, excluding its conflicts of law rules, and of the United States of America. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.


LANGUAGE. The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.

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    Bioturing - Sonya

    Sonya

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