Legal Notices
GenBeans End-User Software License Agreement
This License Agreement contains rights and restrictions associated with use of the accompanying GenBeans software (the Software). Please, read the terms of this agreement carefully before opening the media package or downloading and/or installing the Software. If you are accessing the Software electronically, indicate your acceptance of these terms by selecting the <I agree> button at the end of this agreement. BY INSTALLING OR USING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT OPEN THE MEDIA PACKAGE, DO NOT DOWNLOAD THE SOFTWARE AND SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, DO NOT USE THE SOFTWARE. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED.
The Software uses some third-party software, essentially binary packages and code libraries that are governed by additional license agreements and for which this Agreement does not apply. During the installation of the Software, you will be asked to agree with those licenses.
See sections No for:
2. Intellectual Property Ownership
3. Restrictions
7. Termination
9. U.S. Government Restricted Rights
10. Severability
11. Integration
1. License to Use. Gene Infinity LLC grants you a single non-exclusive and non-transferable license for the use of the Software solely on a single central processing unit.
2. Intellectual Property Ownership. The Software is confidential and copyrighted. Title to the Software and all associated intellectual property rights is retained by Gene Infinity LLC. All rights not expressly granted under this Agreement are reserved by their respective owners. All trademarks, service marks and logos in this Software are the trademarks, service marks or logos of their respective owners.
3. Restrictions. You may not copy the Software except for your internal use. You may make a reasonable number of backup copies of the Software provided that you reproduce all notices, including this agreement, and that your backup copies are not installed. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer the Software. You may not modify or unbundle the Software. By accepting this license Agreement, you agree to not make any of the Software available for the use on or downloadable from any public accessible network such as the internet or world wide web.
4. Limited Warranty. Gene Infinity LLC warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use and (ii) the Software will perform substantially in accordance with the documentation when used on the recommended operating system and hardware configuration. Non-substantial variation of performances from the documentation does not establish a warranty right. Except for the foregoing, the Software is provided "AS IS". This limited warranty extends only to you as the original licensee. Your exclusive remedy and Gene Infinity LLC's entire liability under this limited warranty will be at Gene Infinity LLC's option to replace the Software or refund the license fee you paid for the Software. In no event does Gene Infinity LLC warrants that the Software is error free or that you will be able to operate the Software without problems or interruptions.
THIS LIMITED WARRANTY DOES NOT APPLY TO PRE-RELEASE (BETA) OF THIS SOFTWARE.
5. DISCLAIMER OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITH ALL FAULTS. YOU BEAR ENTIRE RISK AS TO SELECTING THE SOFTWARE FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GENEINFINITY LLC BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR RELATED TO OR INABILITY TO USE THE SOFTWARE EVEN IF GENEINFINITY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Gene Infinity LLC's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Software under this Agreement.
7. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from Gene Infinity LLC if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of the Software.
8. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
10. Governing Law. Any action related to this Agreement will be governed by the State of California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
11. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties and result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable, in which case this Agreement will immediately terminate.
12. Integration. This Agreement is the entire agreement between you and Gene Infinity LLC relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact:
Gene Infinity LLC
P.O. Box 17162
San Diego, CA 92177-7162
USA