IMPORTANT-READ CAREFULLY. This Nucleics End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Nucleics Pty. Ltd. (“Nucleics”) for the PeakTrace Online Pro service (collectively, “SERVICE”). By using the SERVICE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the SERVICE.
The SERVICE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SERVICE is licensed, not sold.
1. GRANT OF LICENSE
This EULA grants you the following limited, non-exclusive, non-transferable, non-assignable rights provided that:
- You ONLY use the SERVICE with .ab1 file format data collected from DNA sequencing instruments.
- You ONLY register ONCE to use the SERVICE.
- You DO NOT provide the password to access the PeakTrace Online Pro Service to anyone else.
- You GRANT Nucleics the right to retain and examine the .ab1 files uploaded.
Nucleics and its suppliers retain title and all ownership rights to the SERVICE. All rights not expressly granted are reserved to Nucleics.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SERVICE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights in and to the SERVICE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SERVICE), and any copies you are permitted to make herein are owned by Nucleics or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SERVICE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by Nucleics.
4. CONTROLLING LAW AND SEVERABILITY
This EULA will be governed by and construed in accordance with the laws in the State of New South Wales, Australia, as applied to agreements entered into and to be performed entirely within New South Wales between New South Wales residents. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
5. DISCLAIMER OF WARRANTIES
THIS SERVICE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. COMPLETE AGREEMENT; GOVERNING LANGUAGE
The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. No Nucleics reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Nucleics if you fail to comply with any term(s) of this EULA. Upon termination of this EULA, you shall cease all use of the SERVICE.
8. TRADEMARK AND LICENSES ACKNOWLEDGEMENTS
“PeakTrace”, “PeakTrace RP”, “Auto PeakTrace” “PeakTrace Pro” and “Auto PeakTrace RP”are trademarks of Nucleics Pty. Ltd.
Should you have any questions concerning this EULA, or if you desire to contact Nucleics for any reason, please write to: Nucleics Pty. Ltd, 29 John St, Woollahra, NSW, 2025, Australia