QuantiFERON-TB Gold Analysis Software End User License Agreement NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND USING THE QIAGEN QUANTIFERON-TB GOLD ANALYSIS SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING LIMITATIONS ON TRANSFERABILITY IN SECTION 4 AND WARRANTY AND LIABILITY IN SECTION 5 AND SECTION 6. YOU AGREE THAT THIS AGREEMENT IS LEGALLY ENFORCEABLE AS FOR ANY WRITTEN AGREEMENT SIGNED BY YOU. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND AGAINST ANY LEGAL ENTITY, INCLUDING COMPANY OR ORGANISATIONS, THAT OBTAINED AND USE THE SOFTWARE. IF YOU DO NOT AGREE, YOU ARE NOT PERMITTED TO USE THIS SOFTWARE. QIAGEN and its suppliers own all intellectual property in the Software. QIAGEN permits you to use the Software only in accordance with the terms of this Agreement. 1. DEFINITIONS. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media provided with this Agreement or downloaded from the QIAGEN Web-site, including but not limited to (i) QIAGEN QuantiFERON®-TB Gold Analysis Software; (ii) related explanatory written materials or files ("Instructions for use"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by QIAGEN (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "QIAGEN" means QIAGEN Sciences LLC located at 19300 Germantown Road Germantown Maryland 20874 and all subsidiary companies of QIAGEN. 2. SOFTWARE END-USER LICENSE AGREMENT. As long as you comply with the terms of this End User Software License Agreement (this "Agreement"), QIAGEN grants to you a non-exclusive license to Use the Software for the purposes described in the associated documentation. 2.1 General Use. You may install and use a copy of the Software on your personal computer. 2.2 No Modification. The Software is licensed and distributed by QIAGEN for analysis of QuantiFERON®-TB Gold data. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement. You acknowledge any such modification and linkage to other software, in particular to any other computer system, laboratory instrument, computer network or laboratory information system or other software system is done at your exclusive risk alone and QIAGEN has no liability whatsoever. 2.3 Indemnity. You agree to hold QIAGEN and any QIAGEN Distribution agent or subsidiary company harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and legal fees) deriving from any use of, or reliance on the QIAGEN QuantiFERON®-TB Gold Analysis Software. 2.4 Limit of Liability. UNDER NO CIRCUMSTANCES WILL QIAGEN OR ITS AFFILAITES BE LIABLE TO THE END USER, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE QIAGEN QUANTIFERON®-TB GOLD ANALYSIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A MATERIAL BREACH OF THE TERMS OF THIS AGREEMENT. 2.5 Customer Sales Contact. Individuals who choose to download the QuantiFERON-TB Gold Analysis Software and associated documentation agree to be contacted by a QIAGEN Customer Service Representative, unless they choose not to be contacted by un-clicking the checkbox below. 3. INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION. The Software and any authorized copies that you make are the intellectual property of and are owned by QIAGEN. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Qiagen. The Software is protected by law, including without limitation by national copyright laws and by international treaty provisions. Unless expressly stated, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Qiagen. 4. RESTRICTIONS. 4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software. 4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent permitted under applicable law, and it is essential to do so for compatibility with another software program. All indemnities and disclaimers of warranty of this agreement expressly apply to any modification made by you. 4.3 Transfer. You may not sell the QuantiFERON-TB Gold Analysis Software or any updates, or lease, rent or obtain any monetary gain or consideration of any form whatsoever. 4.4 This Agreement permits you to use one copy of the SOFTWARE on a single computer. 5. NO WARRANTY. QIAGEN makes no warranty as to its use or performance or accuracy which is delivered on an "as is" basis. All results obtained should be considered against non-manipulated data to ensure accuracy. QIAGEN AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE DIAGNOSTIC RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT TO THE EXTENT TO WHICH THE DISCLAIMER CANNOT BE EXCLUDED OR LIMITED BY LAW. QIAGEN AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE) ON ANY MATTER INCLUDING INTER ALIA NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of this section will survive the termination of this Agreement for any reason, but do not imply or create any continued right to use the Software after termination of this Agreement. 6. LIMITATION OF LIABILITY. QIAGEN OR ITS SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR OTHER LOSSES, EVEN IF A QIAGEN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. QIAGEN’S AGGREGATE LIABILITY, AND THAT OF ITS SUPPLIERS, UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ANY AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits QIAGEN liability to you in the event of death or personal injury resulting from QIAGEN negligence or fraud. QIAGEN is acting on behalf of its suppliers and contractors for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The provisions of this Section will survive the termination of this Agreement for any reason, but do not imply or create any continued right to use the software after termination of this Agreement. 7. NO SUPPORT Nothing in this agreement shall obligate QIAGEN to provide any support for the SOFTWARE. QIAGEN may, but shall be under no obligation to, correct any defects in the SOFTWARE and/or provide updates to licensees of the SOFTWARE. You shall make reasonable efforts to promptly report to QIAGEN any defects you find in the SOFTWARE, as an aid to creating improved revisions of the SOFTWARE. 8. TERMINATION If you fail to comply with the terms and conditions of this Agreement, QIAGEN may terminate this Agreement and your right and license to use the SOFTWARE. You may terminate this Agreement at any time by notifying QIAGEN. Upon the termination of this Agreement, you must delete the SOFTWARE from your computer(s) and archives. 9. GOVERNING LAW. This Agreement shall be construed and interpreted in accordance with the laws of Delaware, without giving effect to conflict of laws provisions. The application of the provisions of the UN Sales Convention is excluded. Notwithstanding any other provision under this Agreement, the parties to this Agreement submit to the exclusive jurisdiction of the Delaware courts. 10. GENERAL PROVISIONS. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to the terms outlined. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a correspondence signed by an authorized officer of QIAGEN. Updates may be licensed to you by QIAGEN with additional or different terms. This is the entire agreement between QIAGEN and the end user relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. The end user is required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer and medical diagnostic data subject to the provisions of this Agreement. QIAGEN may make changes to this End User Software License Agreement without notice. User is bound by such revisions and should therefore periodically visit this page to review the current End User Software License Agreement.