CHROMELEON - Individual License Agreement
This legal document is an agreement between you, the end user, and Dionex Corporation. The CHROMELEON Chromatography Management System is provided to you only on the condition that you agree to become bound by the terms of this agreement, which includes the software license and the software disclaimer warranty. If you do not agree to the terms of this agreement, promptly return the disk package(s) and the accompanying items (including printed materials and binders or other containers) to Dionex for a full refund.
INDIVIDUAL CHROMELEON LICENSE
1. GRANT OF LICENSE In exchange for the payment of the LICENSE FEE, Dionex grants the LICENSEE a non-exclusive right to use and display the CHROMELEON software (the "SOFTWARE") provided with this LICENSE in accordance with the terms and restrictions below. The LICENSEE is the end-user organization and its subsidiaries (excluding sub-contractors) billed by Dionex for this LICENSE. If the organization billed is not the end-user, the LICENSEE is the first end-user organization.
2. OWNERSHIP OF THE SOFTWARE The LICENSEE owns the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded, but Dionex retains title and ownership of all SOFTWARE recorded on such media, regardless of the form in which it is recorded. This license is not a sale of the SOFTWARE or any copy.
3. COPY RESTRICTIONS The SOFTWARE and all accompanying written materials are copyrighted, and may contain proprietary and confidential information of Dionex.
The LICENSEE may make one (1) copy of the original SOFTWARE diskettes provided with this LICENSE for backup purposes only. Any such copy automatically becomes the property of Dionex, and the LICENSEE must include the copyright notice and any confidentiality or proprietary legend with any such copy. The LICENSEE may copy the SOFTWARE from the original or backup diskettes to the computers used in accordance with the use restrictions below.
All other copying of the SOFTWARE and the accompanying materials is expressly forbidden. The LICENSEE may be held legally responsible for any copyright infringement that is caused or encouraged by the failure of the LICENSEE to abide by the terms of this license.
4. USE RESTRICTIONS Under this LICENSE, the LICENSEE may use the SOFTWARE on one (1) single-user computer, or one (1) terminal of a multi-user computer. The LICENSEE must purchase a CHROMELEON Data Processing License for each additional computer on which the SOFTWARE provided under this LICENSE is used.
The SOFTWARE may be stored on the computer's local mass storage device, on a network file server, or both, as long as the above use restrictions are satisfied.
The LICENSEE may not modify, adapt, translate, reverse engineer, decompile nor disassemble the SOFTWARE, nor create derivative works based on it. The LICENSEE may not merge the SOFTWARE with another program. The LICENSEE may not modify, adapt, translate, or create derivative works based on the written materials without prior consent from Dionex.
5. TRANSFER RESTRICTIONS The SOFTWARE is licensed only to the LICENSEE, and may not be transferred to anyone else without the prior written consent of Dionex. Any authorized transfer of the SOFTWARE shall be bound by the terms and conditions of this LICENSE.
6. TERMINATION This LICENSE is effective until terminated. It will terminate automatically without notice from Dionex if the LICENSEE fails to comply with any of its provisions. Upon termination, the LICENSEE shall destroy the written materials and all copies of the SOFTWARE. The LICENSEE may terminate this LICENSE by destroying all copies of the software and accompanying written materials.
7. UPDATE POLICY Dionex may (but is not obliged to) release updated versions of the SOFTWARE. One copy of any such versions will be provided to the LICENSEE at no additional charge for each registered SYSTEM that has a valid CHROMELEON Subscription Agreement ("SUBSCRIPTION") in effect at the time of the release. Any such software update that is provided under a SUBSCRIPTION may be used to collect data only on the one SYSTEM to which the SUBSCRIPTION applies. All terms of this LICENSE shall apply to any updates provided to the LICENSEE.
8. MISCELLANEOUS This LICENSE, including the disclaimer of warranty and limited warranty, is governed by the laws of the State of California, excluding its choice of law rules.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
The SOFTWARE and the accompanying materials (including instructions for use) are provided "as is" without warranty of any kind. Further, Dionex does not warranty, guarantee, or make any representations regarding the use, or the results of the use, of the SOFTWARE or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by the LICENSEE.
Dionex warrants to the original LICENSEE that the disks on which the software is recorded are free from defects in material and workmanship under normal use and service for a period of 90 days from the date of delivery of this individual LICENSE as evidenced by a copy of the receipt.
The entire liability of Dionex and the exclusive remedy to the LICENSEE shall be, at the discretion of Dionex, either (a) return of the purchase price or (b) replacement of any defective disks that are returned to Dionex with a copy of the receipt. If failure of the disks has resulted from accident, abuse, or misapplication, Dionex shall have no responsibility to replace the disks or refund the purchase price. Any replacement disk shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND AND DIONEX HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY DIONEX ON THIS PRODUCT. No oral or written information or advice given by Dionex, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this warranty, and the LICENSEE may not rely on such information or advice.
NEITHER DIONEX NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF DIONEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIABILITY IS IMPOSED ON DIONEX, THE LIABILITY OF DIONEX TO THE LICENSEE OR ANY THIRD PARTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE SOFTWARE.
Some states do not allow exclusion or limitation of the duration of the implied warranties or exclusion or limitation of liability for incidental or consequential damages, so that the above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.