END USER LICENSE AGREEMENTNOTICE: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGALAGREEMENT 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 SOFTWAREAND 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 THISAGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOTINSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO GSL.
1.

Recitals
a.

b.

2.

This End User License Agreement ("EULA") is a legal agreement between you (either anindividual person or a single legal entity, who will be referred to in this EULA as "EndUser", 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.
The Software or Freeware also includes any software updates, add-on components, webservices and/or supplements that GSL may provide to End User or make available to End
User after the date End User obtains the initial copy of the Software or Freeware, to theextent that such items are not accompanied by a separate license agreement or terms ofuse. By installing, copying, downloading, accessing or otherwise using the Software or
Freeware, End User agrees to be bound by the terms of this EULA. If End User does notagree to the terms of this EULA, End User should not install, access or use the Software
or Freeware.

License Grants
a.
b.

c.

d.
e.

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 featuredisables 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, andgrants 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 theSoftware 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 theSoftware must have the ability to communicate with a license server. The number ofusers who may run the Software concurrently must not at any time exceed the number of
Floating Licenses purchased.

f.
g.

3.

License Restrictions
a.
b.

c.
d.
e.
f.
g.
h.
i.

4.

Unlimited IP 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 clinicallyapproved 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.

You may use the Software only on the permitted number of computers.
You may make one copy of the Software solely for backup purposes. Any back-up copy
must contain all copyright notices and any other proprietary legends on the original copyof the Software. You may not sell or transfer any copy of the Software made for backup
purposes.
Your license rights under this EULA are non-exclusive and non-assignable.
Other than as set forth in this Section 2, you may not make copies of the Software, or
electronically transfer the Software from one computer to another.
You may not alter, merge, modify, adapt, translate, decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable form.
You may not rent, lease, or sublicense the Software.
You may not create derivative works based upon the Software.
You 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 you fail to comply with this EULA, GSL and its suppliers may, in
addition to seeking any damages, terminate the license. Upon termination, you must
destroy all copies of the Software (with all other rights of both parties and all otherprovisions of this EULA surviving any such termination).

Ownership
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 Softwareand all copies thereof. The Software is protected by the copyright laws of the United States andother countries. All rights not expressly granted in this EULA are reserved by GSL.

5.

LIMITED WARRANTY AND DISCLAIMER

.
a.
b.

c.

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 WITHRESPECT TO THE SOFTWARE, GSL DISCLAIMS ALL OTHER WARRANTIESAND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GSL DOES NOTWARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATEWITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED
OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAILSAFE 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.

d.
e.

6.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GSL SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANYWARRANTY PROVIDED HEREIN.
(USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THISWARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSOHAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Exclusive RemedyYour exclusive remedy is to return the Software to GSL. Provided that any non-compliance withthe above warranty is reported in writing to GSL no more than ninety (90) days following delivery
to you, GSL will use reasonable commercial efforts to supply you with a replacement copy of the
Software that substantially conforms to published specifications, provide a replacement for
defective media, or refund to you your purchase price for the Software, at its option. GSL shallhave no responsibility if the Software has been altered in any way, or if the media has beendamaged by misuse, accident, abuse, modification or misapplication. Any such misuse, accident,
abuse, modification or misapplication of the Software will void the warranty above. THISREMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH
OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE.

7.

LIMITATION OF LIABILITY.
a. GSL SHALL NOT BE LIABLE TO YOU 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, LOSSOF 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 ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SETFORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
b. GSL'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSEWHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE
SOFTWARE.
c. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TOSTATE.
d. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS
OF THIS EULA.

8.

U.S. GOVERNMENT RESTRICTED RIGHTS LEGENDThis Software and the documentation are provided with "RESTRICTED RIGHTS” applicable toprivate 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

9.

General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 theInternational Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matterhereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral
or written. You agree that any varying or additional terms contained in any purchase order or otherwritten notification or document issued by you in relation to the Software licensed hereunder shallbe 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 tolaw, 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 you
to use the trademarks of GSL or its suppliers.
GSL Biotech LLC
July 18th, 2017