THIS USER AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER
THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF
A DISPUTE.
By installing, having installed and using the SOFTWARE you are agreeing to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, promptly return the software package(s) and the accompanying items
(including written materials) to the place you obtained them for a full refund of the costs of the SOFTWARE.
PLEASE NOTE THAT THE TERMS OF THIS USER AGREEMENT ARE SUBJECT TO CHANGE BY QIAGEN IN ITS SOLE
DISCRETION AT ANY TIME. When changes are made, QIAGEN will make a new copy of the User Agreement available
at the QIAGEN website or through the Licensed Materials. We will also update the "Last Updated" date at the bottom of
this User Agreement. QIAGEN will request that you assent to the updated terms, provided that if you do not assent to the
updated terms, then you may decline and discontinue all use of and access to the Licensed Materials. Otherwise, your
continued use of Software or component of the Licensed Materials constitutes your acceptance of such change(s).
QIAGEN SUGGESTS THAT RETAIN A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
1. Definitions
"QIAcuityDx" means the overall QIAcuityDx system which encompasses hardware/instrumentation, chemistry,
consumables/disposables and software; including application software installed on a separate computer that allows the
end user to analyse Instrument Data and create reports for analysis. QIAcuityDx Digital PCR instruments, consumables and
assays are sold under license from Bio-Rad Laboratories, Inc. which excludes rights for use with pediatric applications.
"Content" means any information or content made available by QIAGEN in connection with user's access to or use of the
Software or Licensed Materials, including without limitation, QIAGEN's, diagrams, graphs, and any third-party content
made available to User in connection with User's access to or use of the Licensed Materials.
"Documentation" means written, audio, visual, and/or other user materials related to the Software Licensed Materials
provided to User which may include license or test limitations, including, without limitation, on-line help, and getting started
and tutorial information made available through QIAGEN's web-site.
"Instrument" means any QIAGEN molecular biology electromechanical device and/or other equipment.
"Instrument Data" means all information, files, and real time data uploaded to QIAcuityDx analysis Software (Software
Suite) by connected instruments and software components. This includes but is not limited to instrument performance data,
assay performance data, run performance data, configuration and protocol data.
"Licensed Materials" means, collectively, the Software, Content, Documentation, data upload utilities and any updates or
upgrades of any of the foregoing accessed, delivered, generated or made available by QIAGEN to User in connection
with this Agreement, and each component thereof.
"Licensed Use" means use of the Licensed Materials for the specific use that they are designed as part of the
Documentation.
"Ordering Document(s)" shall mean (a) an QIAGEN invoice or other ordering document mutually approved by the parties
which includes certain commercial terms relating to the access to and use of the Licensed Materials, including pricing terms
and limitations or restrictions related to User's access or use of the Licensed Materials; or (b) if in connection with any free
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