Gel Analyzer

Copyright 2010 by Istvan Lazar and Dr. Istvan Lazar

THIS END USER LICENSE AGREEMENT APPLIES TO ANY VERSION OF GEL ANALYZER (THE "SO
FTWARE").
THIS IS A BINDING LEGAL AGREEMENT (THIS "AGREEMENT") BETWEEN THE THE AUTHORS ("
THE AUTHORS") OF THE SOFTWARE AND YOU ("LICENSEE"). CAREFULLY READ THE FOLLOWING
TERMS AND CONDITIONS. THE AUTHORS LICENSES THE SOFTWARE TO YOU ONLY UPON THE CO
NDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS LICENS
E AGREEMENT. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING OR RECIEVING
THE SOFTWARE IN ANY MANNER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
THEN YOU MUST NOT USE THE SOFTWARE AND REMOVE THE SOFTWARE FROM YOUR SYSTEM.
GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, includi
ng without limitation Sections 4 and 5 herein, THE AUTHORS grant to the Licensee
, a non-exclusive and non-transferable license during the term of this Agreement
to use and display the Software contained herewith, in object code form, for th
e Licensee's home and personal use, for academic, educational and nonprofit purp
oses only. The Licensee is solely responsible for obtaining from the owner of an
y third party software that can be used in conjunction with the Software all nec
essary licenses to use the third party software in conjunction with the Software
.

TRANSFER. The Licensee shall not rent, sub-license or lease the Software to any
other person or legal entity, including, without limitation, to any affiliate of
Licensee, or encumber the Licensee's rights or obligations under this Agreement
without prior written approval of THE AUTHORS.

OWNERSHIP OF SOFTWARE: THE AUTHORS retain all right, title and interest, includi
ng associated intellectual property rights, in and to the Software and all relat
ed documentation. The Software is protected by copyright laws, international tre
aty provisions and all other applicable national laws. The Licensee must treat t
he Software as any other copyrighted material, such as a book. The Licensee is p
ermitted to make the necessary number of backup copies of the Software for archi
val purposes. The Licensee shall not copy the Software or any other written mate
rial for any other purpose. The Licensee acknowledges that the Software is propr
ietary to and is considered confidential information of THE AUTHORS and the Lice
nsee agrees to treat the Software as such.

PERMITTED USES. The Software shall only be used by the individual Licensee. The
Licensee shall not allow the Software to be accessed remotely, including, withou
t limitation, through the Internet.

NON-PERMITTED USES. The Licensee shall not use the Software for any purpose othe
r than as permitted herein. Without limiting the generality of the foregoing, th
e Licensee shall not: (i) transmit, disclose, translate, adapt, modify, decompil
e, disassemble, reverse assemble, reverse compile, or otherwise reverse engineer
the Software or the embodied algorithms or databases contained in the Software;
(ii) use the Software in conjunction with, or integrate, modify or incorporate
the Software with any other software application or program; (iii) process or pe
rmit to be processed the data of any other person; (iv) use the Software for any
commercial purpose including the operation of a service bureau; or (v) use the
Software in performing or conducting research on behalf of third parties. The So
ftware may contain a time sensitive device or other device (the "Device") which
may disable the Software in the event the Licensee uses the Software for any pur
pose or in any manner other than as permitted herein. The Licensee hereby acknow
ledges the possible existence of the Device and agrees that THE AUTHORS shall in
no way be liable for loss or damages whether in contract, tort or otherwise, wh
ether direct or indirect, such as, but not limited to lost savings, loss of anti
cipated profits, or benefits resulting from the use of or inability to use the S
oftware, as a result of the operation of the Device, even if THE AUTHORS has bee
n advised of the possibility of such damages. Disabling or tampering with this D
evice shall be cause for the immediate termination of this Agreement by THE AUTH
ORS.

COPYRIGHTS AND TRADEMARKS. All rights are reserved. Other product names or corpo
rate names used within this Software or its documentation may be trademarks of t
heir respective owners, and are mentioned only in an explanatory manner to the o
wners' benefit, and without intent to infringe or affect the validity of any tra
demark.

TERM AND TERMINATION. This Agreement becomes effective once the Licensee has dow
nloaded the or copied or tansferred in any manner the Software onto a computer.
The above grant of rights will immediately terminate without notice from THE AUT
HORS if the Licensee breaches any of the terms or conditions of this Agreement.
Upon termination of this Agreement, Licensee shall immediately uninstall and cea
se using the Software, and destroy all copies of the Software, documentation, an
d any other items related thereto in Licensee's possession.

MAINTENANCE. This Agreement does not entitle Licensee to maintenance services fr
om THE AUTHORS.

DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANT
IES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND T
HOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. THE AUTHORS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OR ANY O
F THE LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTE
RRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN THE SOFTWARE WILL BE CORRECTED. THE
AUTHORS MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE RESULTS OF THE L
ICENSEE'S USE OF THE SOFTWARE WITH RESPECT TO ITS CAPABILITY, CORRECTNESS, ACCUR
ACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR
ADVICE GIVEN BY THE AUTHORS OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHORS SHAL
L CREATE A WARRANTY. THE AUTHORS HAS NO CONTROL OVER THE LICENSEE'S USE OF THE S
OFTWARE. THE LICENSEE ASSUMES THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF T
HE SOFTWARE.

LIMITATION OF LIABILITY. THE AUTHORS DISCLAIMS, AND LICENSEE HEREBY AGREES, THAT
IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONS
EQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE (INCLUDING, WITHOUT LIMI
TATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUS
INESS INFORMATION, OR OTHER PECUNIARY LOSS) WHETHER FORESEEABLE OR NOT, ARISING
OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE SOFTWARE OR REMOVAL OF THE
SOFTWARE, REGARDLESS OF WHETHER THE AUTHORS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

COMPATIBILITY WITH THIRD PARTY SOFTWARE. THE AUTHORS make no representation that
the Software will operate in conjunction with any particular third party softwa
re.

GENERAL. This Agreement shall be construed under and governed by the laws of the
Republic of Hungary and the laws of the European Union applicable therein, with
out reference to any conflict of law rules. The Licensee and THE AUTHORS agree t
o submit to the non-exclusive jurisdiction of the courts of the Republic of Hung
ary. If any term, provision, covenant or condition of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or unenforceable, the rem
ainder of the provisions shall remain in full force and effect, and in no way sh
all be affected, impaired or invalidated. This Agreement will not be governed by
the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded. This Agreement is the complete
contract between the parties and supersedes any prior or contemporaneous agreeme
nt whether written or oral, and its terms shall not be varied, supplemented, qua
lified, or interpreted by any prior course of dealing between the Licensee and T
HE AUTHORS. Any subsequent agreement which modifies any part of this Agreement m
ust be in writing and signed by both parties. Upon any termination or expiry of
this Agreement, provisions relating to THE AUTHORS's intellectual property right
s, limitations of liability and any other provisions which, by their nature, are
intended to survive, shall survive any such termination or expiry.