End User License Agreement – Protein MetricsEnd User License Agreement • September 23rd, 2020 • California
Contract Type FiledSeptember 23rd, 2020 JurisdictionTHIS END USER SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS YOUR (AS DEFINED BELOW) USE OF CERTAIN PROTEIN METRICS INC. (“PROTEIN METRICS”) SOFTWARE PRODUCTS THAT ARE (AS APPLICABLE) (i) LISTED IN OUR OR OUR DISTRIBUTOR’S QUOTATION TO YOU AND WITH RESPECT TO WHICH YOU HAVE ISSUED A PURCHASE ORDER, OR (ii) SET OUT IN A SCHEDULE TO A BINDING AGREEMENT BETWEEN YOU AND PROTEIN METRICS (OR OUR DISTRIBUTION PARTNER) (AS APPLICABLE, THE “ORDER”). SUCH SOFTWARE MAY INCLUDE OUR BYOSPHERE ENTERPRISE PRODUCT, OUR BYOS™, PREVIEW™, BYONIC™, BYOLOGIC®, BYOMAP™, INTACT MASS™, SUPERNOVO™ OR OTHER PROPRIETARY SOFTWARE PRODUCT(S), OR SPECIFIC MODULES OF THE FOREGOING, ALL AS SET OUT IN THE ORDER. EACH USAGE OF SOFTWARE REQUIRES BOTH A VALID LICENSE KEY FROM PROTEIN METRICS THAT CORRESPONDS TO THE RELEVANT ORDER, AND YOUR ACCEPTANCE OF THIS AGREEMENT, PRIOR TO YOUR USE OF THE SOFTWARE. SUCH SOFTWARE MAY BE LICENSED FOR USE ON AN ENTERPRISE, PER-SEAT, OR OTHER BASIS AS SET OUT IN THE ORDER.