TERMS OF USE

IMPORTANT - PLEASE READ CAREFULLY: THIS LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) (“YOU”) AND BIOTURING, INC. (BIOTURING) FOR THE SOFTWARE CREATED AND PROVIDED BY BIOTURING, AND ANY UPDATES OR ERROR CORRECTIONS BY BIOTURING, AND ITS ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). BY CHECKING “I AGREE TO BIOTURING’S LICENSE AGREEMENT” DURING THE ACTIVATION PROCESS OR BY INSTALLING, ACCESSING, OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BIOTURING WILL ONLY ALLOW YOU TO INSTALL, ACCESS, OR OTHERWISE USE THE SOFTWARE IF YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL THAT REPRESENTS AN ENTITY, YOU MUST BE LEGALLY AUTHORIZED TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT HAVE SUCH LEGAL AUTHORIZATION, THEN DO NOT INSTALL, ACCESS OR OTHERWISE USE THE SOFTWARE.

“Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.“Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.

“License Fee” means the fee charged for the Software License.

“Update” means any official update or error correction or revision provided by BioTuring to the Software that may contain new features, functions, or enhancement.

“Add-on” means any component or package with specific features that can be added to the Software and cannot be operated independently outside the Software.

PUBLIC DATA PROTECTION

If you receive an official Update of the Software from BioTuring, you should ensure that you have backed up all your data prior to installing the Update. You hereby agree that BioTuring shall not be liable for any change, incompatibility or loss of your data arising from, or in connection with, the Update.

You hereby agree that BioTuring verifies your Trial License and License each time you open the Software. In this verification process, the Software will send the information about the Trial License, License, and the Computer to BioTuring. This information includes the remaining time of your Trial or Software License, the version of the Software, and the hardware configuration of the Computer. By installing, accessing or otherwise using the Software, you agree to the transmission of such information. Any action or attempt to disable, interrupt, bypass, circumvent, spoof or otherwise modify this transmission is forbidden.

For the enforcement of BioTuring’s rights under this Agreement and applicable law, BioTuring or BioTuring’s authorized representative(s) shall have the right to inspect and audit your use of the Software, at your facilities or electronically, with or without prior written notice, to investigate any reported or apparent violation of this Agreement, or to verify that you are legally authorized by BioTuring to install, access or otherwise use the software and in compliance with the Agreement. If such inspection(s) or audit(s) prove your violation of the Agreement, then you must pay all the unpaid license fees and any reasonable costs of the inspection(s), and the license for the Software shall terminate, and the software shall cease to function on your computer(s). BioTuring or BioTuring’s representative(s) shall have the right to use and disclose the information obtained during the inspection or audit for the enforcement of BioTuring’s right under this Agreement and applicable law, or when such uses and disclosures are required by a court of competent jurisdiction. Nothing in this Section, or nothing in this Agreement, shall be deemed to limit any remedies that BioTuring can implement if any violation of this Agreement occurs.

The Software is copyrighted and is licensed to you, not sold. BioTuring and its licensor(s) own the Title to the Software and all other rights that are not expressly granted to you under this Agreement at all times. You must strictly comply with the copyright law and all other applicable laws of the United States and all other applicable jurisdictions including, but not limited to, export control laws. All the following actions are expressly prohibited:

Notwithstanding any other provision of this Agreement, BioTuring shall have the right to change, suspend, remove, limit or disable access to the Software or any portion of the Software at any time, with or without prior notice. Under no circumstances will BioTuring be liable for such change, suspension, removal, limit or disabling of access to the Software, or any portion of the Software.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. THIS SOFTWARE AND THE USER DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Upon any acquisition of the Software by or on behalf of the United States Government, the Software shall be provided to the Government or the Government’s contractor(s) or subcontractor(s) only as a Commercial item and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

This Agreement shall be governed and construed with the laws of the State of California, U.S.A, excluding its conflicts of law rules, and of the United States of America. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.

The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations.