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User License Terms ULA
User License Terms ULA
End User License Agreement
NEB Software CodeBy clicking, "I accept", and downloading, installing, copying, and/or using the Software (defined below), you, on behalf of yourself and the institution, organization or company that you represent, agree to be legally bound by the terms of this End User License Agreement, including the disclaimers (“Agreement”) and our other linked constituent polices, terms and conditions, including Terms of Use. If you do not agree with or do not agree to be bound by any of these policies, terms or conditions or lack authority to bind your institution, organization, or company, then do not click “I accept”, download, install, copy, or use the Software. The Software is provided by us to you for your internal non-commercial use only. If your use of the Software is for any other purpose, please contact us via email at legal@neb.com.
“NEB” “we”, “us” or “our” means New England Biolabs, Inc., the developer of the Software.
“Software” means the software listed in Appendix A and any documentation related thereto, but excludes all NEB trademarks.
“User”, “you” or “your” means your and/or the institution, organization, or company that you represent that each agree to be bound by the terms of this Agreement, that downloads, installs, copies, and/or uses the Software, and/or that otherwise exercises the rights granted by this Agreement.
Grant of License. Conditioned on your compliance with this Agreement, and NEB’s Terms of Use, which are hereby incorporated by reference and made part of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, royalty-free license to download, install and use the Software for your internal, non-commercial use only, all in accordance with the terms of this Agreement. Where requested by us, you must provide your name, the name of your institution, organization, or company, and your purpose for downloading, installing, copying and/or using the Software. You may not sell, rent or transfer the Software, or a modified version of the Software, or any portion of the Software or source code. We have the right, in our sole discretion, to decline to make the Software available to you or to terminate your access to or use of the Software at any time for any reason.
Attribution. In any disclosure, publication, product, or service arising from or related to the Software or any modification of the Software you create or that otherwise arises from your use of the Software (together, “Disclosures”), you must give appropriate credit to NEB including identifying NEB as the source of the Software in any Disclosure, identifying the Software with appropriate copyright notices, and providing a link to this license. You must not modify or remove attribution markings included in the Software itself, its source code, or its source code annotations.
Support and Maintenance. The Software is provided free of charge. As such, we have no obligation to provide support, updates or maintenance services for the Software, no such support, updates or maintenance services will be provided, and we, at our sole discretion, may cease to make the Software available. If, notwithstanding the preceding sentence, we, at our sole discretion, elect to release any updates (including patches, bug fixes, and any derivatives), such release will in no way limit the preceding sentence and will not create any obligation to release any further updates or otherwise provide support or maintenance services for the Software.
Reservation of Rights. Title to and ownership of the Software and any Software source code, and all proprietary rights or intellectual property rights with respect to the Software and any source code, remains exclusively with us or our licensors. The license does not constitute a sale of the Software, or the Software source code, or any portion or copy thereof.
Notice To Government Users. The Software was developed exclusively at private expense and no part of the Software was first produced in the performance of a United States (“U.S.”) Federal Government contract. The Software is "commercial computer software" as defined in applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the U.S. Department of Defense (DoD) FAR Supplement (the "DFARS"). Any use of the Software by the U.S. Federal Government will be governed solely by the terms of NEB’s Terms of Use, and this Agreement. All other use by or on behalf of the U.S. Federal Government is prohibited.
Compliance with Laws. You must comply with all applicable laws and regulations (including but not limited to those relating to the import and export of the Software).
Termination. In the event that you fail to comply with this Agreement, we may terminate this license and you must cease your use of the Software and destroy all copies of the Software. All other rights and obligations of both parties and all other provisions of this Agreement will survive such termination.
General. We reserve the right to revise this Agreement or any portion of it at any time without notice by posting a new version on our website. It is your responsibility to monitor such changes. If you do not accept the changes, then this license will immediately terminate. You may not assign this Agreement or any of your rights under it. We may assign this Agreement or any of our rights at any time without notice to you and without your consent. In the event of any conflict between this Agreement and NEB’s Terms of Use, the terms of this Agreement will prevail. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. Our failure or neglect to enforce any of our rights under this Agreement will not be deemed to be a waiver of our rights. This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules.
Appendix A
Software: Overhang Optimizer Code, any content including documentation, data matrices, and images, and any updates including patches, bug fixes, and any derivative works accessed and/or used by User.
