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access granted for an early access, beta, evaluation, then email or other correspondence from authorized QIAGEN
personnel describing the terms and duration of such early access, beta, evaluation, or other program. Multiple Ordering
Documents may apply to this Agreement, provided that unless expressly stated otherwise in a mutually agreed upon
Ordering Document, the terms specified in an Ordering Document shall be relevant only to the specific items listed on the
relevant Ordering Document.
"Software" means executable code for QIAcuityDx that User can install on a computer system, device, workstation,
terminal, cloud instance or other digital electronic device.
QIAGEN hereby grants to User a limited, revocable, non-exclusive, non-transferable, non sub-licensable License to use the
Licensed Materials solely in combination with the QIAcuityDx equipment and subject to the terms and conditions of this
Agreement, solely on behalf of and for the benefit of User.:.
a. Standard End User License. If User has paid fees to use the Software and Licensed Materials QIAGEN provides User
with the following rights:
i. to access and use Software in accordance with the Licensed Use and Documentation supplied by QIAGEN, solely
for User's business purposes;
ii. Upgrades. If the Software is an upgrade from a previous version, the User must be properly licensed to use the
Software identified by QIAGEN as being eligible for the upgrade in order to use the Software. Software labelled
as an upgrade replaces or supplements (and may disable) the Software that formed the basis for the User's
eligibility for the upgrade. The User may use the resulting upgraded product only in accordance with the terms of
this Agreement. If the Software is an upgrade of a component of a package of Software programs that the User
licensed as a single product, the Software may be used and transferred only as part of that single product package
and may not be separated for use on more than 1 device. When upgrades involve a change of data format, some
of the User's data may have to be converted to the format used by the new version of the Software. It is the User's
responsibility to follow the instructions given by QIAGEN in this connection, including backing up of data before
the data conversion. QIAGEN is not responsible for any loss or corruption of data during a data conversion
process. QIAGEN is not responsible for any other inconveniences that the change of data format might have,
including any changes in the data-interfaces of the User other applications, that the User might want to implement
as a consequence of the change of data format.
b. Early Access/Beta/Evaluation License Special Provisions. If QIAGEN has granted User access rights to the Software
based on an early access, beta, evaluation or other similar program for verification and validation purposes as
identified in the relevant Ordering Document, then the following shall also apply. Notwithstanding any contrary terms
specified in any other sections of this Agreement: (A) the license and or access rights for early access, beta, evaluation
or a promotion is limited to the term permitted by QIAGEN; (B) the Software may only be used for non-diagnostic or
research or investigational use only, (C) the Licensed Materials are provided "As Is" without any warranty of any kind;
(D) User shall not be entitled to indemnification by QIAGEN and/or any support services; and (E) QIAGEN may
terminate access or use rights to any early access, beta or evaluation version in its own discretion without prior notice
to User.
c. Open Software/Third-Party Software. This Agreement does not apply to any other software components identified as
subject to an open source license in the relevant notice, license and/or copyright files included with the Software
(collectively the "Open Software") Furthermore, this Agreement does not apply to any other software for which
QIAGEN is only granted a derived right to use ("Third-Party Software"). Open Software and Third-Party Software may
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2. Rights of Access and Use
Manuel d'utilisation du système QIAcuityDx | 07/2024
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