Gly-Q Manager - End-User License Agreement

Gly-Q-Manager Software
SINGLE END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY. This ProZyme End-User License Agreement ("EULA") is a legal AGREEMENT between you (either as a registered individual user or as the registered user/representative and on behalf of a single entity) and ProZyme for the Gly-Q-Manager software product identified above, which product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

1.) GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed, not sold. This EULA grants you, the registered computer software user, the following rights:

Applications Software. The SOFTWARE PRODUCT may be used only by you. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version thereof for the same operating system, on a single computer but only for use in the number of written language(s) that you selected at time of first installation and in which you have acquired rights; provided that such use complies with all applicable laws. You agree to indemnify, defend and hold harmless ProZyme TRADEMARKS against any claims arising out of any allegation that your use of the SOFTWARE PRODUCT violates any such laws.

2.) COPYRIGHT AND TRADEMARKS.
All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned or licensed by ProZyme

3.) UPGRADES.
If the SOFTWARE PRODUCT is labeled or otherwise identified by ProZyme as an "upgrade", you must be properly licensed to use a product identified by ProZyme as an upgrade, replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product
package and may not be separated for use on more than one computer.

4.) COPYRIGHT AND TRADEMARKS.
All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT, the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned or licensed by ProZyme or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You may make one copy of the SOFTWARE PRODUCT for back-up and archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. You may not remove, modify or alter any ProZyme copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, about box or any software resources, code or other embodiments originally contained in or otherwise created by the SOFTWARE PRODUCT.

5.) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Not for Resale Software. If the SOFTWARE PRODUCT is labeled "Not for Resale" or "NFR" or "Evaluation Copy", then, notwithstanding other sections of this EULA, you may not use the SOFTWARE PRODUCT for commercial purposes nor sell, or otherwise transfer it for value. Commercial purposes include the use of the SOFTWARE PRODUCT to create publicly distributed computer software. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to any party. Software Transfer. You may permanently and wholly transfer all of your rights under this EULA, provided you (a) retain no copies (whole or partial), (b) permanently and wholly transfer any and all of the SOFTWARE PRODUCT (including all
component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to
the recipient, and (c) the recipient first agrees to abide by all of the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include any and all prior versions of the SOFTWARE PRODUCT and any and all of your rights therein, if any. You may not reverse engineer, reverse compile or disassemble the SOFTWARE PRODUCT or otherwise attempt to discover the source code of the Software, except to the extent that this restriction is expressly prohibited by law.


6.) DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as
part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

7.) MISCELLANEOUS

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ProZyme OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PROZYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, PROZYME'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO PROZYME FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.