If you wish to install this software on a system where this, or a previous version has been installed, then ensure all files are backed up first.
No responsibility will be accepted for any loss or damage (financial or otherwise) caused by use of this program.
This is a legal agreement between the Licensee and Technologica LTD. Technologica LTD is willing to license this software to you only upon the condition that you accept all of the terms and conditions contained in the following license agreement.
BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.
Definitions "Software" shall be taken as referring to FluorImager PC Software (AKA CFI or FI) its support files supplied in the software archive and to any and all copies, updates, modifications, functionally-equivalent derivatives, or any parts or portions thereof. "Licensor" shall be taken as referring to Technologica LTD. "Licensee" shall be taken as referring to the person or business entity who is evaluating the software or has purchased a License to use this Software or for whom such License was purchased.
Grant of License Upon acceptance of the Agreement, as evidenced by continuing with the installation procedure, Technologica LTD grants Licensee a non-transferable, non-exclusive, non-sub licensable license to use one copy of the enclosed software program (the "Software") on a single terminal connected to a single computer. Licensee may not network the Software or otherwise use it on more than one computer terminal at the same time.
Copyright The Software and the accompanying documentation may not be reproduced in any form save for the sole purpose of making a backup copy for archival purposes. You may not reproduce the written documentation accompanying the Software. No person or company may charge a fee for the distribution of the Software without written permission from the copyright holder.
Other Restrictions You may not use, copy, modify, or transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. Licensee shall not decompile, disassemble, or reverse engineer any of the Software or attempt to do so. Licensee shall not rent, lease, sublicense, or transfer the Software.
Proprietary Rights Other than any license granted herein, Licensor retains exclusive proprietary rights (including all rights, title, and interest) in the Software. Licensee agrees not to represent that the Licensor is affiliated with or approves of Licensee's application software in any way. Licensee shall not use Licensor's name, trademarks, or any Licensor designation in association with Licensee's application software.
Termination This license is effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software covered by this Agreement and all support files generated by the Software. It will also terminate if Licensee fails to comply with any term or condition of this Agreement. Licensee agrees that upon such termination Licensee shall destroy all copies of this Software remaining in Licensee's possession, including functionally-equivalent derivatives, and all portions and modifications thereof in any form.
Warranties: Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT TECHNOLOGICA LTD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Technologica LTD does not warrant that the functions contained in this Software will meet your requirements or that the operation of this Software will be uninterrupted or error-free. Technologica LTD will make available Technical Support for this software, this support may be charged for. Technologica LTD may, from time to time, revise or update the software. In so doing, Technologica LTD incurs no obligation to furnish such revision or updates to you.
YOUR USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TECHNOLOGICA LTD BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF TECHNOLOGICA LTD OR AUTHORISED REPRESENTATIVE(S) OF TECHNOLOGICA LTD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED AMOUNTS PAID TO LICENSOR BY LICENSEE UNDER THE TERMS OF THE AGREEMENT.
General Licensee may not sublicense, assign or otherwise transfer this License or Software except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties or obligations hereunder is expressly prohibited and will terminate this Agreement.
By continuing the installation procedure and use of the Software, Licensee acknowledges that Licensee has read this agreement, understands it, and agrees to be bound by its terms and conditions. Licensee further agrees that this is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.
General. This Agreement is governed by English law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any dispute between you and Technologica LTD regarding this Agreement will be subject to the law courts of England. This Agreement is the entire agreement between you and Technologica LTD and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorised representative of Technologica LTD.
Contact Information. Should you have any questions concerning this Agreement, or if you wish to contact Technologica LTD for any reason, please telephone +44 (0) 1206 251696 or write to: Technologica LTD, FOURWAYS, Bromley Road, Frating, CO7 7DP, ENGLAND
Do not download or use our software unless you agree to these terms.