| For unlimited users at 1 institution or company site, 3-year lease: US$ 1485 | |
| For 1 non-commercial named single user, 3-year lease: US$ 110 |
| Institution or company: | |
| Registered User (first + last name): | |
| E-Mail: |
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| Your PO number: | (Supplier No.:) |
| Date: | YYYY MM DD |
| Organisation: | |
| Address: | |
| (Address:) | |
| (Address:) | |
| (Address:) | |
| (Address:) | |
| Town: | |
| State: | ZIP: Country: USA |
| Contact Name: | |
| Contact Tel: | |
| Contact E-Mail: | |
| Invoice requirement: |
PDF-Email
Airmail Letter
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| 1. | By placing the order for the Software with Fluxus Technology Ltd, the Registered User and, if applicable, his/her Organisation, accept these unmodified terms and conditions. |
| 2. | Fluxus Technology Ltd are the suppliers of the Software covered by these terms and conditions whose Registered Office is situated at 2 Beacon End Courtyard, London Road, Stanway, Colchester CO3 0NU, England and whose Company Number is 3790136 and whose VAT number is GB740626544. |
| 3. | The term "Software" in these terms and conditions refers to the DNA Alignment 1.1 (or newer version) software components, including upgrades, additions, copies and documentation as supplied by Fluxus Technology Ltd. |
| 4. | The term "Registered User" in these terms and conditions refers to the natural person whose first and last name are entered on the registration form or online payment form or purchase order. |
| 5. |
The term "Software User" in these terms and conditions refers to each natural person who is licensed to use the Software.
In the case of a single user license, only the Registered User is licensed to be the Software User. In the case of a multi-user site license, a Software User is a natural person employed by the Registered User's Organisation or a natural person who is using the Software as part of a workshop at the Organisation; the term "site" refers to locations within the same town of the Registered User's Organisation, as entered in the order form; for the avoidance of doubt, organisations with sites in different towns must purchase a separate multi-user site license for each town within which the Software is to be used within their organisation. |
| 6. | The term "Key File" in these terms and conditions refers to a file supplied by Fluxus Technology Ltd to the Registered User which enables the Software to run, displaying the Registered User's identity on a start-up screen at every start of the Software. The Key File is time limited to expire after the License Period is over. |
| 7. | The term "License Period" in these terms and conditions refers to the specified period for which the Software Users are authorised to use the the Software as defined in the Software invoice and the order form or price quote. The term "indefinite License Period" refers to an unlimited period. |
| 8. | The term "Fees" in these terms and conditions refers to the one-time payment by PayPal, wire transfer or bank check to Fluxus Technology Ltd of the amount defined on the order forms and invoice. For the avoidance of doubt the Fees include a processing fee. If the Registered User is based in the EU, 17.5% or 15% UK VAT may be included in the Fees where applicable. If the Registered User is based in a legislation where withholding taxes or duties apply to the Software purchase, these taxes or duties are payable by the Registered User or the Registered User's organisation in addition to the Fees. |
| 9. | Payment terms are strictly within 30 days of invoice date. Delays in payment may be charged at an interest rate of 2% per started 30-day period since the invoice date. |
| 10. | No later than 7 business days after receipt of the Fees by wire transfer or bank check, Fluxus Technology Ltd will despatch to the Registered User by email the Key File and Software download instructions. |
| 11. | Fluxus Technology Ltd authorises the Software User to use the Software for the License Period, commencing on the date on which Fluxus Technology Ltd despatches the email with download instructions to the Registered User. For the avoidance of doubt, each Software User is responsible for ensuring that no unlicensed person uses the Software with the Registered User's Key File. |
| 12. | Fluxus Technology Ltd retains ownership of copyright in and unlimited rights in the Software and all copies of the Software save as expressly provided in paragraph 11. |
| 13. | Each and any Software User shall keep the Key File confidential and secure from access by unlicensed persons. |
| 14. | Each Software User acknowledges that automatic alignment is performed by the Software when using the Load-option "Fasta file (auto-align)", and that the automatic alignment result always requires inspection by the user to check whether the alignments are valid, and that manual editing of the alignments may be required. This also applies when externally computed alignments are loaded into the Software. |
| 15. | Each Software User and his/her Organisation acknowledge that the Software is a tool to be used by the Software User in his or her business and that the Software User shall remain solely responsible for the content and quality of any results produced by the Software User from the use or with the aid of the Software. The Registered User's Organisation and each Software User undertake to indemnify and hold Fluxus Technology Ltd harmless in the event of any claim against Fluxus Technology Ltd arising from any incorrect or misleading information that the Software User has obtained with the aid or by the use of the Software. |
| 16. | THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT: IN NO EVENT SHALL FLUXUS TECHNOLOGY LTD, MICHAEL FORSTER, DR PETER FORSTER, DR ARNE RÖHL OR ANY EMPLOYEES, CONTRIBUTORS OR AGENTS OF FLUXUS TECHNOLOGY LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. |
| 17. | The Software User shall cite the Software and the website www.fluxus-engineering.com when the Software is used. |
| 18. | Fluxus Technology Ltd acknowledges that the registration details and if applicable any bank details pertaining to the Registered User or his/her Organisation will be held confidential within Fluxus Technology Ltd, except if arbitration procedures between Fluxus Technology Ltd and the Registered User or his/her Organisation due to breach of terms or alleged breach of terms require access by third parties to these details. Furthermore, as and when required by law, Fluxus Technology Ltd reserves the right to grant access to the registration details or bank details to authorised agents of the government. For the avoidance of doubt, the Registered User and his/her Organisation acknowledge that the Registered User's name, and in the case of a site license, the registered university or company or department or institute site, are displayed on the start up screen of the software. |
| 19. | These terms and conditions shall be governed by and construed and interpreted in accordance with English Law. |
| 20. | In the event that any term or condition is declared by any judicial authority to be void or avoidably illegal, the parties shall amend the term or condition in such reasonable manner as achieves the intention of the parties without illegality or sever such provisions from these terms and conditions, and the remaining provisions in these terms and conditions shall remain in full force and effect. |