End-User License Agreement

This End-User License Agreement is a legal agreement between you (either an individual or a single legal entity, hereafter "You") and Korilog SARL (hereafter "Korilog"), which covers your use of KoriBlast (hereafter "Software").

A software license and a license key or serial number ("Software License"), issued only by Korilog or its authorized agents to a designated user may be required according to the following agreement.

If you do not agree to the terms of this License, then do not download, install or use the Software or the Software License. By explicitly accepting this License you are acknowledging and agreeing to be bound by the following terms:

1 THIS AGREEMENT

1.1 In this Agreement the phrase "the Software" means the computer program identified above and all associated media, printed materials and "online" or electronic documentation. This definition of "the Software" does not include any other products or computer programs of Korilog.

1.2 The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Korilog reserves all intellectual property rights, including copyrights and trademark rights. The Software has been referenced by APP (Agence pour la Protection des Programmes, 249, rue de Crimée, 75019 Paris, France) with certificate IDDN.FR.001.030031.001.S.C.2007.000.31235.

1.3 The Software is owned by Korilog. It is licensed, not sold.

2 GRANT OF LICENSE

2.1 According to your order, Korilog grants you a non-exclusive, non-transferable license to use the Software under certain obligations and limited rights as set forth in this agreement:

2.1.1 Free Viewer License. You may use a copy of the free viewer version of the Software, called Koriblast Free Viewer or BlastViewer (comprising the free version of the viewer program and any accompanying documentation), without charge and for an unlimited period of time.

2.1.2 Evaluation License. You may use a copy of the evaluation version of the Software (comprising the evaluation version of the program and any accompanying documentation), for evaluation purposes only without charge for a period of 14 days. If You continue to use the Software after expiry of the evaluation period You must pay the License fee and obtain a full License. Until You have paid the License fee for the Software, You may only use the Software for evaluation purposes. For details of payment, please refer visit our website at: www.korilog.com. When payment has been received by Korilog You will be sent a Software License which will provide You the full set of functionality of the Software.

2.1.3 Single User License. You may use the Software on a single computer for your personal or business use PROVIDED THAT you have obtained from Korilog a Single User License Number. Under this Single User License You cannot install the Software on more than one computer and you may not allow concurrent use of the Software by more than one individual.

2.1.4 Concurrent License. You may use the Software on a computer network and/or allow concurrent use of the Software by more than one individual for personal or business use PROVIDED THAT You have obtained from Korilog a Concurrent License. The maximum permissible number of concurrent users shall be specified by Korilog at the time of issue of the Concurrent License.

2.2 Korilog issues a Software License that allows you to use the Software accordingly. You may not disclose the Software License in any way.

2.3 Backup Copy: You may make copies of the Software and the Software License as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

3 RESTRICTIONS

3.1 You are prohibited to distribute copies of the original and or backup archives of the Software in its Evaluation License, Single User License or Multi User License Pack on any electronic or magnetic media, Web Site, FTP Site, or other "download area".

3.2 You may not tamper with, alter, or use the Software in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities.

3.3 You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software. You may not modify or create derivative copies of the Software.

3.4 You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software or Software License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend, or in any way distribute or transfer any rights in this License or the Software to third parties without Korilog written approval, and subject to written agreement by the recipient of the terms of this License.

3.5 The Software is not fault-tolerant and is not designed, manufactured or intended for use in medical research environments requiring fail-safe performance, in which the failure of the Software, or any software, tool, process, or service that was developed using the Software, could lead directly or indirectly to death, personal injury, or severe physical or environmental damage. Accordingly, Korilog and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for medical research applications. You agree that Korilog and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software, or any software, tool, process, or service that was developed using the Software, in such applications.

4 THIRD PARTY RIGHTS

Any software provided along with the Software that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software. Copies of these third party licenses are included in the Software.

5 SUPPORT SERVICES

5.1 Korilog may provide you with support services related to the Software according to your order.

5.2 Support covers the following during the support period: problems with installing the product, problems with using the product, help with general questions, upgrade assurance for all bug fixes, upgrade assurance for all minor upgrades, upgrade assurance for major upgrades.

5.3 Any supplemental software code or related materials that Korilog provides to you as part of the support services, in periodic updates to the Software or otherwise, is to be considered part of the Software and is subject to the terms and conditions of this License.

5.4 With respect to any technical information you provide to Korilog as part of the support services, Korilog may use such information for its business purposes without restriction, including for product support and development. Korilog will not use such technical information in a form that personally identifies you without first obtaining your permission.

6 UPDATE POLICY

Korilog may from time to time create updated versions of the Software and may, at its option, make such updates available to You.

7 DISCLAIMER OF WARRANTY

7.1 You acknowledge that Software cannot be completely error-free. Korilog disclaims all warranties regarding non-severe deviations of the advertised features of the Software Product.

7.2 To the maximum extent permitted by applicable law, Korilog and its third party suppliers and licensors disclaim all other representations, warranties, and conditions, expressed, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. You accept the Software "AS IS" and without warranty and the entire risk arising out of use or performance of the software product remains with you.

8 LIMITATION OF LIABILITY

8.1 In no event shall the aggregate amount of damages payable to you for any claim arising from the software or this agreement exceed the amounts you paid for the License.

8.2 Korilog will not be liable under any circumstances for lost profits, lost opportunities, or for special, consequential, indirect, incidental or punitive damages, arising out of or related to the use of or inability to use the software, regardless of whether Korilog has been advised of the possibility of such damages.

9 TERMINATION

9.1 In the event that You fail to comply strictly with the terms and conditions of this Agreement, this Agreement shall terminate forthwith without prejudice to any other remedies which Korilog may have.

9.2 In the event that You wish to terminate this License agreement You may do so at any time by ceasing to use the Software.

9.3 You hereby agree that, in the event of termination of this Agreement for any reason, You will forthwith destroy or irretrievably delete all copies of the Software in Your possession or control.

10 GENERAL TERMS

10.1 Irrespective of the country in which the Software was acquired the construction, validity and performance of this Agreement shall be governed in all respects by French law and You agree to submit to the exclusive jurisdiction of the French courts.

10.2 If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.

10.3 No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

10.4 This agreement constitutes the entire agreement between You and Korilog with respect to this transaction. Any changes to this agreement must be made in writing, signed by an authorised representative of Korilog.

11 CONTACT INFORMATION

Should You have any questions concerning this Agreement, or if You desire to contact Korilog for any reason, please visit our Contact site at: www.korilog.com/contact. For ordering information, visit our website at: http://www.korilog.com/order.

 

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