Instruction Manual

License Agreement
VR NxT| Instruction Manual 1.0 02-2019|VRNXTinstr1EN|© 2019 Menarini Silicon Biosystems SpA 51
(e) reverse engineer, decompile, or disassemble or
otherwise attempt to derive the source code; (f)
redistribute, encumber, sell, rent, lease, sublicense, use
the Software in a timesharing or service bureau
arrangement, or otherwise transfer rights on the Software
under any circumstances; (g) remove or alter any
trademark, logo, copyright or other proprietary notices,
legends, symbols or labels in the Software or on the
related data storage devices, packaging and associated
documentation; or (h) use the Software on more computers
or computing devices than the number licensed.
Notwithstanding the foregoing you may transfer this
Software to a purchaser of the specific DEPArray™ NxT
System in or for which this Software is installed in
connection with any sale of such instrument, provided that
the transferee agrees to be bound by and to comply with
the provisions of this Agreement.
Software Product Support
Under the terms of this EULA MSB is under no obligation
to provide technical or application support beyond that
provided through its standard customer care during the
VR™ NxT system Standard Warranty For Defects period
and each eventual Extended Warranty periods, and
provides no assurance that any specific errors or
discrepancies in the Software will be corrected. See also
the sections of “Limited Warranty and limitation of
remedies”.
Updates
Under the terms of this EULA MSB is under no obligation
to provide Updates. To receive and use an eventual
Update, you must pay the applicable fees (if required by
MSB) for that Update and agree to MSB’s standard terms
and conditions governing the use of that Update. If no such
standard terms and conditions are stated by MSB, the
terms of this Agreement shall apply, and the Update shall
be deemed as integral part of the Licensed Software. MSB
will issue a new License Serial Number for each eventual
Updated version of Software Licenced to you.
Title
Title, ownership rights and intellectual property rights in
and to the Software and the associated documentation
shall at all times remain with MSB. All rights not
specifically granted by this License, including international
copyrights, are reserved by MSB.
Copyright
The Software, including its structure, organization, code,
user interface and the associated documentation, is a
proprietary output of MSB, is copyrighted and is protected
by copyright laws and international treaty provisions
including those on Droit d'Autor. The law provides for civil
and criminal penalties for anyone in violation of the laws of
copyright.
Terms Of This Agreement
You may terminate this Agreement by discontinuing use of
the VR™ NxT system, removing all copies from any
computers and storage media, and returning the Software
and the associated documentation, and all copies thereof,
to MSB. MSB may terminate this Agreement if you fail to
comply with all of its terms, in which case you agree to
discontinue using the VR™ NxT system, remove all
copies from any computers and storage media, and return
the Software and the associated documentation, and all
copies thereof, to MSB.
Limited Warranty and limitation of
remedies and liability
The Software and the associated documentation are
licensed “AS IS”: you thus assume any and all other
responsibilities for use of the Software to achieve your
intended results, and for the results obtained from your use
of the Software, further than those results eventually
covered by MSB' warranty. MSB just warrants that the
Software will function substantially in accordance with the
functions and features described in the associated
documentation delivered with the Software when properly
installed. The above warranties do not apply to defects
resulting from misuse, neglect, or accident, including
without limitation: operation outside of the environmental
or use specifications, or not in conformance with the
instructions for any instrument system, Software, or
accessories; improper or inadequate maintenance by the
user; installation of Software or interfacing, or use in
combination with Software or products not supplied or
authorized by MSB; intrusive activity, including without
limitation computer viruses, hackers or other unauthorized
interactions with instrument or Software that detrimentally
affects normal operations and modification or repair of the
products not authorized by MSB. In case of breach of this
warranty:
A) if the Software is provided by MSB to you free of
charge, MSB' sole liability and responsibility shall be
limited, at MSB' sole option, to (i) correction of any error
identified to MSB in a writing from you in a subsequent
release of the Software, which shall be supplied to you free
of charge, (ii) replacement of the defective Software with
the previous version at no charge to you, or (iii) providing a
reasonable workaround within a reasonable time;
B) if the Software is provided by MSB to you for a License
Price, instead of the three options above, you may opt for
the refund of such License Price, so terminating this
Agreement pursuant the “Term Of This Agreement”
paragraph's provisions. These are your sole and exclusive
remedies for any breach of this warranty and warranty
claims must be made within the applicable warranty
period.
The applicable warranty period for this Software coincides
with the Standard Warranty for Defects period of the VR™
NxT system in which the Software is installed and each
eventual Extended Warranty period.
That above is the sole warranty by MSB and MSB
disclaims all other warranties, whether express or implied.
Without limitation of the foregoing, MSB expressly does
not further warrant that the Software will meet your
requirements, that it will exactly conform to the associated
documentation, that operation of the Software will be
uninterrupted or error free or that MSB will correct all
program errors.
Finally, without prejudice to what stated above, in no event
shall MSB be responsible or liable, whether in contract,