SIGNALMAP LICENSE TERMS AND CONDITIONS
By accepting the terms of the license agreement and downloading the software, you (hereinafter "User") represent that you agree to be legally bound to the following license terms and conditions (the "Agreement") for the SignalMap software application (the "Software").
LICENSE TERMS AND CONDITIONS
The Scope of this Agreement is the Software and in particular User's rights to use it. Subject to User's download of the Software and upon User's acceptance of this Agreement, Roche Sequencing Solutions Inc. grants to User, a limited, right and license to personally use the Software pursuant to the terms and conditions contained in this Agreement. Roche grants User a non-exclusive, non-transferable and non-sub-licenseable right, solely for the purpose of (i) viewing data provided by Roche in the normal course of User's business or academic use and (ii) exporting images for publication in the normal course of User's business or academic use (together the "Purpose of Use"). User shall not: (i) access or use the Software beyond the Purpose of Use, or (ii) modify, adapt, translate, reverse engineer, decompile or disassemble the Software except as technically required to secure the Purpose of Use after consultation with Roche. User shall cooperate with Roche, and shall render all reasonable assistance requested by Roche, to assist Roche in preventing and identifying any use of, or access to, the Software in violation of this Agreement or violation of applicable laws.
All right, title and interest including, but not limited to, copyright, trademarks and other intellectual property rights in and to the Software are owned by Roche and its licensors. Roche retains all rights not expressly granted herein and User's rights to use the Software are limited to the terms and conditions of this Agreement. User shall not remove any product identification, trademark, copyright, confidentiality, proprietary or other notices contained on or within the Software.
USER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED "AS IS, AS AVAILABLE", WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SOFTWARE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SOFTWARE OR THAT THE SOFTWARE WILL WORK UNINTERRUPTED OR ERROR-FREE. ROCHE DOES NOT WARRANT THAT THE SOFTWARE WILL BE PROVIDED FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ROCHE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY FOR THE SOFTWARE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROCHE, OR ITS EMPLOYEES OR SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ROCHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ROCHE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL THE LIABILITY OF ROCHE TO USER EXCEED ONE THOUSAND DOLLARS ($1,000.00). NO ACTION, REGARDLESS OF FORM, ARISING FROM USE OF THE SOFTWARE MAY BE BROUGHT BY USER MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, OR FOR FRAUD, GROSS NEGLIGENCE OR WILFUL DEFAULT AND, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL NOT BE LIMITED.
If any provision of this Agreement is invalid or unenforceable under any applicable laws, the remaining provisions shall not be affected in any way. The provision that is unenforceable or that contains a gap will be deemed replaced by such enforceable and gap-free provision as the parties would reasonably have agreed if they had been aware of the defect.