By clicking, "I accept" and by downloading, installing, copying, and/or using the GlycanAnalyzer software code (the “Software”), you agree to be bound by the terms of this End User License Agreement (“Agreement”), including the disclaimers. If you do not agree to these terms, do not download, install, copy, or use the Software. If your interests and use of the Software are for commercial purposes, please contact us via the on line form: https://www.neb.com/about-neb/business-development-opportunities/business-development-inquiry.
Grant of License. New England Biolabs, Inc. (“NEB”, “we”, or “us”) grant you a limited, non-exclusive, non-transferable, royalty-free license to download and use the Software for your internal use only, in accordance with the terms of this Agreement.
Restricted Uses. You may not: (a) use the Software for any commercial purposes; (b) distribute for sale, license, loan, or sell the Software or any other content that is contained or displayed in it; or (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
Support and Maintenance. The Software is provided free of charge. As such, we do not provide support or maintenance services for the Software.
No Warranties. We provide the Software and its content "on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Software and assume any risks associated with it.
Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, will we be liable to you or any third party for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses), even if we have been advised of the possibility of such damages.
Indemnity. You will indemnify and hold us and our affiliates harmless from all liability claims, expenses, and damages, including attorney fees, that we incur in connection with your use of the Software.
Reservation of Rights. Title to and ownership of Software, and all proprietary rights or intellectual property rights with respect to the Software, remains exclusively with us or our licensors. The license does not constitute a sale of the Software or any portion or copy of it.
Government Users. If the Software and related documentation are supplied to or on behalf of the United States Government, then the Software is deemed to be "commercial software," as that term is used in the Federal Acquisition Regulation system. Rights of the United States will not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms of this Agreement apply.
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 the license and you must destroy all copies of the Software. All other rights of both parties and all other provisions of this Agreement will survive such termination.
General. We may amend this Agreement on one or more occasions by posting amendments to our website. If you do not accept amendments, 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 or the need for or your consent. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable. A party's failure or neglect to enforce any of rights under this Agreement will not be deemed to be a waiver of that party's 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.