Software License Agreement
- License Grant
Provided you have paid the applicable charges as required by Apple, Inc., this License grants you the nonexclusive right to download and use the DNA Barcoding Assistant Application which contains Coastal Marine Biolabs Software. By downloading the Application containing the Coastal Marine Biolabs Software, you agree to be bound by the following terms and conditions. You may only use the Software on your Apple iPhone or other Apple branded device, and you have no right to sub-license the Software. You agree that your non-exclusive License will terminate if you violate the following terms and conditions.
- Restrictions on Use
You agree that, except as otherwise provided herein, only Coastal Marine Biolabs has the right to maintain, enhance or otherwise modify the Software. You have no rights to any source code for the Software. You agree that you shall not cause or permit the modification or reverse engineering of the Software or otherwise attempt to gain access to the source code to the Software.
- Use of Information
The content provided in the DNA Barcoding Assistant application is owned by and protected by applicable intellectual property and other laws, including but not limited to copyright, and you agree that you will not use such proprietary information or content in any way whatsoever except for the permitted use provided herein. Coastal Marine Biolabs reserve the right to change, suspend, remove or disable access to the content at any time without notice.
Coastal Marine Biolabs owns and retains all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications to the Software, created by Coastal Marine Biolabs. You acknowledge that the License granted under this Agreement grants you the right to use the Software for your own personal use only, and does not provide you with title to or ownership of the Software, but only a right of limited use under the terms and conditions of this License. You will not knowingly take any action that would subject the Software to claims, liens or encumbrances.
Except as otherwise provided in this License, under no circumstances shall you sell, license, sub-license, publish, display, distribute, assign or otherwise transfer to a third party the Software or any copy thereof, in whole or in part, without Coastal Marine Biolabs prior written consent.
- Sole Remedy
If the Software contains any bugs or material defects, Coastal Marine Biolabs will, at its sole option, provide a free update that will correct the bug or defect, or replace the Software. This will be the only remedy available to you as a result of any such bug or defect.
- Disclaimer of Any Other Warranty
THE SOFTWARE IS 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.
- Limitation of Liability
IN NO EVENT SHALL COASTAL MARINE BIOLABS LIABILITY UNDER THIS AGREEMENT FOR DAMAGES EXCEED THE AMOUNT PAID TO COASTAL MARINE BIOLABS BY THE CUSTOMER PURSUANT TO THIS AGREEMENT. CUSTOMER FURTHER AGREES THAT, EXCEPT AS PROVIDED ABOVE, COASTAL MARINE BIOLABS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OF PROCUREMENT FOR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY. IN NO EVENT WILL COASTAL MARINE BIOLABS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF COASTAL MARINE BIOLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PART ON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO CASE WILL COASTAL MARINE BIOLABS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULITNG DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND COASTAL MARINE BIOLABS'S CONTROL.
- Changes in Terms and Conditions
Coastal Marine Biolabs may modify or terminate its services from time to time, for any reason, and without notice, including the right to terminate with or without notice.
- Entire Agreement
This License constitutes the entire agreement between you and Coastal Marine Biolabs with respect to your use of the Software and supersedes any and all prior agreements or understandings regarding the subject matter herein. No amendment or modification of this License will be effective unless it is in a writing signed by Coastal Marine Biolabs.
- Governing Law and Venue
This License shall in all respects be governed by the laws of the State of California, without reference to its principles of conflicts of laws. The exclusive venue for any dispute arising from this License shall be the state or federal courts located in Orange County, California. You specifically consent to be subject to the personal jurisdiction of such courts.
© Copyright 2011 by Coastal Marine Biolabs.
All rights reserved.