END-USER LICENSE AGREEMENT FOR PEAKTRACE SERVICE
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 SERVICE (“SERVICE”). By using this 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.
1. INTELLECTUAL PROPERTY RIGHTS
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.
2. CONTROLLING LAW AND SEVERABILITY
This EULA will be governed by and construed in accordance with the laws in the State of Victoria, Australia, as applied to agreements entered into and to be performed entirely within Victoria between Victorian 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.
3. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, Nucleics and its suppliers provide the SERVICE AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SERVICE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SERVICE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SERVICE, IF ANY, REMAINS WITH YOU.
4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall Nucleics or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SERVICE, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Nucleics or any supplier, and even if Nucleics or any supplier has been advised of the possibility of such damages.
5. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Nucleics and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SERVICE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
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.
7. TERMINATION
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 ACKNOWLEDGEMENTS
“PeakTrace” and “Auto PeakTrace” are trademarks of Nucleics Pty. Ltd.
9. MISCELLANEOUS
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, 2025, Australia.