Where do I find the SnapGene End User License Agreement (EULA)?
Within SnapGene you can access the EULA via the SnapGene Help menu (Windows and Linux) or via the SnapGene menu (macOS).
END USER LICENSE AGREEMENT
NOTICE: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) AND GSL BIOTECH LLC ("GSL"). PLEASE READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE, AND RETURN THE SOFTWARE TO GSL.
- This End User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "End User", and GSL Biotech LLC ("GSL") for the SnapGene software product ("Software") or SnapGene Viewer software product ("Freeware") that accompanies this EULA, including any associated media, printed materials and electronic documentation.
- Freeware License. GSL grants End User an unlimited license to use the Freeware. The install packages for the Freeware can be redistributed without restriction, and can be used for both commercial and non-commercial purposes.
- Trial Period License. End User may download and use the Software for free for thirty (30) days after installation ("Trial Period"). During the Trial Period, GSL grants End User a limited, non-exclusive, non-transferable, non-renewable license to copy and use the Software for evaluation purposes only. At GSL's discretion, GSL may provide limited support through email or discussion forums at GSL's website. The evaluation copy of the Software contains a feature that will automatically disable certain features of the Software at the end of Trial Period. GSL will have no liability to End User if this feature disables the Software.
- License After Trial Period. This Software is licensed, not sold. End User has the option of paying a license fee in order to use the Software after the expiration of the Trial Period. Upon payment of the license fee, GSL provides End User with a registration number, and grants End User a limited, non-exclusive, non-transferable license as outlined in Sections 2.d through Section 2.g and in Section 3.
- Computer-Specific License. Under the terms of a Computer-Specific License for the Software, End User may activate each license only on a single computer, and may use the Software only on that computer. The Software may not be accessed remotely.
- Floating License. Under the terms of a Floating License for the Software, End User may install the Software on an unlimited number of computers. All computers using the Software must have the ability to communicate with a license server. The number of users who may run the Software concurrently must not at any time exceed the number of Floating Licenses purchased.
- Unlimited License. Under the terms of an Unlimited License for the Software, End User may install and use the Software on an unlimited number of computers with IP addresses in a specified IP range as agreed to by GSL and End User.
- The Software or Freeware is for educational and non-commercial or commercial research purposes only. GSL makes no representation that the Software or Freeware is a clinically approved medical device, and End User understands and accepts that any result or its display presented in whatever form obtained using the Software or Freeware must not be used for any purpose other than education or research.
- End User may use the Software only on the permitted number of computers.
- End User may make one copy of the Software solely for backup purposes. Any backup copy must contain all copyright notices and any other proprietary legends on the original copy of the Software. End User may not sell or transfer any copy of the Software made for backup purposes.
- End User's license rights under this EULA are non-exclusive and non-assignable.
- Other than as set forth in Section 3.b, End User may not make copies of the Software or electronically transfer the Software from one computer to another.
- End User may not alter, merge, modify, adapt, translate, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
- End User may not rent, lease, or sublicense the Software.
- End User may not create derivative works based upon the Software.
- End User may not export the Software into any country to which such export is prohibited by the United States Export Administration Act.
- In the event that End User fails to comply with this EULA, GSL and its distributors may, in addition to seeking any damages, terminate the license. Upon termination, End User must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
The foregoing license gives End User a limited license to use the Software. GSL retains all rights, title and interest, including all copyright and intellectual property rights, in and to the Software and all copies thereof. The Software is protected by the copyright laws of the United States and other countries. All rights not expressly granted in this EULA are reserved by GSL.
LIMITED WARRANTY AND DISCLAIMER
- GSL warrants that, for a period of ninety (90) days, the Software will perform in substantial conformance with published specifications for the Software.
- EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO THE SOFTWARE, GSL DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GSL DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS.
- IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GSL SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
- (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO END USER. THIS WARRANTY GIVES END USER SPECIFIC LEGAL RIGHTS AND END USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Exclusive Remedy
End User's exclusive remedy is to return the Software to GSL. Provided that any non-compliance with the above warranty is reported in writing to GSL no more than ninety (90) days following delivery to End User, GSL will use reasonable commercial efforts to supply End User with a replacement copy of the Software that substantially conforms to published specifications, provide a replacement for defective media, or refund to End User the purchase price for the Software, at its option. GSL shall have no responsibility if the Software has been altered in any way, or if the media has been damaged by misuse, accident, abuse, modification or misapplication. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO END USER FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE.
LIMITATION OF LIABILITY
- GSL SHALL NOT BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GSL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
- GSL'S TOTAL LIABILITY TO END USER FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT END USER PAID FOR THE SOFTWARE.
- (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO END USER AND END USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
- U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: GSL Biotech LLC
This EULA shall be governed by the internal laws of the State of Illinois, USA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. End User agrees that any varying or additional terms contained in any purchase order or other written notification or document issued by End User in relation to the Software licensed hereunder shall be of no effect. The failure or delay of GSL to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, then that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to GSL. This EULA does not authorize End User to use the trademarks of GSL or its suppliers.
GSL Biotech LLC
July 18th, 2017