Geneious 3.5.6

EULA - End User License Agreement

Biomatters'' Geneious Software License Agreement

By downloading, installing and/or running this Software, you are consenting to be bound by and are a party to this Agreement.

This is a grant of License allowing the Licensee to use the software program Geneious (hereafter referred to as "Geneious" or the "Software") under certain restrictions, terms and conditions.

As used herein, the term "Licensee" shall refer to the person or entity downloading, installing and/or using Geneious. "Authorized User" shall refer to the Licensee, if the Licensee is an individual person. If the Licensee is an academic institution, "Authorized User" shall refer to any student, faculty or staff member authorized by the Licensee to use the Software while performing duties within the scope of their employment or assignment. If the Licensee is a commercial organization, "Authorized User" shall refer to any employee, independent contractor or temporary worker authorized by the Licensee to use the Software while performing duties within the scope of their employment or assignment.

"Licensor" shall refer to Biomatters Limited and/or any person or entity who has been duly and properly authorized by Biomatters Limited to act as a Licensor.

License Grant:

The Software is the property of the Licensor. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of the Licensor.

The Licensor grants to the Licensee a non-exclusive, non-transferable License to use the Software in the manner described in this document.

Upon purchase or subscription of a License, the Licensee will receive a unique key-code (hereinafter referred to as a "License Key") that enables a single Authorized User to use the Software at a time. Only the Licensor is permitted to produce License Keys for the Software.

The Licensee may install and use the Software on multiple computers and operating systems, provided that the same License Key is not used concurrently by different Authorized Users on different computers or operating systems.

Academic and Student Licenses allow the Licensee to use the Software for personal, academic and non-commercial purposes only.

Duration and Termination of License Grant:

Purchase of a (non-subscription) License allows the Licensee to use the Software for an unlimited period.

A subscription License allows the Licensee to use the Software for the period subscribed (six months, one year, two years, or three years). At the end of the subscription period the License granted under this Agreement will terminate, unless the subscription is renewed for a further period.

Notwithstanding the above, this Agreement and the License granted hereunder will terminate automatically if Licensee fails to comply with the limitations described herein.

Upon termination, Licensee must destroy all copies of the Software.

Software Upgrades:

Purchase of a (non-subscription) License entitles the Licensee to free upgrades of the Software for one year following date of purchase.

A subscription License allows the Licensee to use the Software for the period subscribed (six months, one year, two years, or three years).

Support:

Purchase of a (non-subscription) License entitles the Licensee to free technical support from Biomatters Limited via email for one year following date of purchase.

A subscription License entitles the Licensee to free technical support from Biomatters Limited via email for the duration of the subscription.

Other Terms Applicable to License Grant:

Licensee may copy the Software for archival purposes, provided any copy must contain all of the original Software''s proprietary notices.

Licensee may not:

1.

Modify, translate, reverse engineer, decompile, disassemble (except and SOLELY to the extent that an applicable Statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software;

2.

Copy the Software other than as specified above;

3.

Rent, lease, grant a security interest in or otherwise transfer rights to the Software;

4.

Remove any proprietary notices or labels on the Software.

Disclaimer of Warranty: The version of the Software is provided on an AS IS basis, without warranty of any kind, including, without limitation, the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you, the Licensee. Should the Software prove defective in any respect, Licensee and not Biomatters Limited, nor any of its Distributors or Resellers, shall assume the entire cost of any service and repair required. In addition, the security mechanisms implemented by the Software have inherent limitations and Licensee must determine that the Software sufficiently meets Licensee''s requirements. This Disclaimer of Warranty constitutes an essential part of the License Agreement. No use of the Software is authorized hereunder except under this Disclaimer.

Title: Title, ownership rights and intellectual property rights in the Software shall remain with Biomatters Limited. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives the Licensee no rights to such content.

Termination: This Agreement and the License granted hereunder will terminate automatically if Licensee fails to comply with the limitations described herein. Upon termination, Licensee must destroy all copies of the Software.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGE OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE OF THE SOFTWARE, EVEN IF THE LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE LICENSOR''S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY.

Export Law Assurances: Licensee agrees and certifies that neither the Software nor other technical data received from the Licensor, nor the direct product thereof, will be exported out of the United States except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from the Licensor nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software.

High Risk Activities: The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Software could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranties of fitness for High Risk Activities.

Miscellaneous: This Agreement represents the complete agreement concerning the License granted hereunder and may be amended only by a writing executed by both parties.

Section 508 of the Rehabilitation Act for Electronic and Information Technology Accessibility for Persons with Disabilities The Geneious software has not been designed to conflict with any compliance areas of section 508 of the Rehabilitation Act for Electronic and Information Technology Accessibility for Persons with Disabilities. We endeavour to make all future development of the Software fully compliant with all areas of Section 508.
Primer3 Copyright Notice and Disclaimer
Copyright (c) 1996,1997,1998,1999,2000,2001,2004 Whitehead Institute for Biomedical Research. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Redistributions of source code must also reproduce this information in the source code itself.
2. If the program is modified, redistributions must include a notice (in the same places as above) indicating that the redistributed program is not identical to the version distributed by Whitehead Institute.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:

This product includes software developed by the Whitehead Institute for Biomedical Research.

4. The name of the Whitehead Institute may not be used to endorse or promote products derived from this software without specific prior written permission.

We also request that use of this software be cited in publications as

Steve Rozen and Helen J. Skaletsky (2000) Primer3 on the WWW for general users and for biologist programmers. In: Krawetz S, Misener S (eds) Bioinformatics Methods and Protocols: Methods in Molecular Biology. Humana Press, Totowa, NJ, pp 365-386
Source code available at http://fokker.wi.mit.edu/primer3/.

THIS SOFTWARE IS PROVIDED BY THE WHITEHEAD INSTITUTE ``AS IS'''' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE WHITEHEAD INSTITUTE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.