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BioXpress End User License Agreement IMPORTANT - PLEASE READ CAREFULLY BioXpr S.A. ("BioXpr"), the owner of the BioXpress Software (the "Software"), is willing to grant you, or, in the case that you represent a corporation or other organization, that corporation or organization (collectively and interchangeably, "Licensee" or "You") a limited, personal, non-exclusive license to use the "Software" set forth on the one or more order forms, paper or electronic, You have entered into with BioXpr relating to the Software (each, an "Order Form") subject to Your acceptance and agreement to be bound by the terms of this End User Software License Agreement (together with the terms and conditions of the Order Form, the "Agreement"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW (OR BY OTHERWISE INSTALLING OR USING ANY SOFTWARE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS IT RELATES TO THAT SOFTWARE AS OF THE DATE ON WHICH YOU FIRST CLICK THE "ACCEPT" BUTTON, OR OTHERWISE FIRST INSTALL OR USE THE SOFTWARE (SUCH DATE, THE "EFFECTIVE DATE"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, BIOXPR IS UNWILLING TO GRANT YOU A LICENSE TO THE SOFTWARE, YOU SHOULD CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW TO DISCONTINUE THE INSTALLATION PROCESS, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A REFUND. BETA DISCLAIMER THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. 1. Definitions 1.1 The following terms and expressions shall have the following meanings: Additional Terms: the terms and conditions and policies applicable to Your use of the BioXpress Software and the BioXpr Services, in addition to this Agreement. Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, BioXpr. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity. Agreement: this End User License Agreement, as may be renewed and/or amended from time to time. Documentation: any online or otherwise enclosed documentation provided by BioXpr. Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the BioXpress Software by You, whichever occurs earlier. Emergency Service(s): means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements. IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights. Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account. BioXpr: refers to the company established under the laws of Belgium, BioXpr S.A, with its address at Rue du S´minaire, 22 - B-5000 Namur, VAT no. BE 0861 263 988. BioXpress API: application program interface consisting of the set of routines utilized by the BioXpress Software to provide the BioXpress Software functionality for a given platform or operating system, BioXpress API being included in or linked to the BioXpress Software as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof. BioXpr Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials, in whatever form, owned and/or used by BioXpr for the promotion of its company, its products and activities. BioXpr Services: the BioXpr Website and any other products and services made available to You by BioXpr or its Affiliates, in addition to the BioXpress Software. BioXpress Software or the Software: the software distributed by BioXpr for oligonucleotides prediction, including without limitation the BioXpress API, UI and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof. BioXpr Staff: the officers, directors, employees and agents of BioXpr or its Affiliates, or any other persons hired by BioXpr or its Affiliates. BioXpr Website: any and all elements, contents and the 'look and feel' of the website available under the URL, www.BioXpr.com , - among other URL's -, from which website the BioXpress Software can be downloaded. Terms: has the meaning given in the "Additional Terms" preliminary term above. UI: the user interface of the BioXpress Software. User Account: refers to the account with User ID and Password that You create for Your use of the BioXpress Software, or any other software or web services offered by BioXpr. User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account. You: You, the end user of the BioXpress Software, also used in the form "Your" where applicable. 1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender. 1.3 Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 2. License and Restrictions 2.1 License: Subject to the terms of this Agreement, BioXpr hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the BioXpress Software on Your computer, for the sole purpose of predicting oligonucleotide for research use. You are allowed to use the BioXpress Software at work in accordance with this Agreement and any applicable Additional. 2.2. Installation: You may install, use, access, display and run the Software on any number of computers, such as workstations, web servers or other devices ("Workstations"). You may also store or install the Software on storage devices, such as a network server, used to install or run the Software on Your other Workstations over an internal network. However, a license for the Software may not be shared among multiple users, as each license is limited to a single authorized user. If You wish to expand the number of authorized users of the Software, You may purchase additional licenses from BioXpr. Any additional licenses will be subject to the terms of this Agreement. 2.3. Fees and Payment 2.3.1 License Fee: In consideration of the rights to the Software provided under this Agreement, You will pay BioXpr the fees ("Fees") listed on the BioXpr Web site applicable to the Software. 2.3.2 Payment: Payment of the Fees must be made in euros (EUR), and must be paid via credit card or direct withdrawal from a bank account. You grant BioXpr the right to charge the credit card or bank account specified in the applicable Order Form for all Fees incurred under this Agreement. On the Effective Date, You will remit to BioXpr a one-time payment of the Fees as set forth on the Order Form based on the number of end-user licenses You are purchasing. You may, at any time during the term of the Agreement, increase the number of licenses which you have purchased upon providing written notice to BioXpr, together with payment of BioXpr's then-current Fees associated with such number of additional end-user licenses. All Fees are non-refundable. Your obligation to pay Fees not subject to a reasonable dispute will be unconditional and not subject to abatement, setoff or defense of any kind. Fees exclude all applicable sales, use, and other taxes, fees, duties and similar charges, and You will be responsible for payment of all such taxes (other than taxes based on BioXpr's income), fees, duties, and charges. Any portion of the Fees not paid when due will accrue interest at 18% per annum (1.5% per month) or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. 2.4 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the BioXpress Software or any part thereof. 2.5 No Modifications: You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the BioXpress Software or any part thereof except to the extent permitted by law. 2.6 Third Parties: The BioXpress Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the BioXpress Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the BioXpress Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with BioXpress or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to BioXpr or its Affiliates to enforce any of your rights. 2.7 Exclusive Ownership: Any and all IP Rights in the BioXpress Software, the BioXpr Website and the BioXpr Promotional Materials are and shall remain the exclusive property of BioXpr and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with BioXpr's IP Rights. Any unauthorized use of BioXpr's IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the BioXpress Software, but may be accessed through use of the BioXpress Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. 2.8 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or BioXpr's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials. 2.9 Use of BioXpress software 2.9.1 You may make use of the BioXpress API provided that: (i) Your use of the BioXpress API is for legitimate purposes only and shall not adversely affect the functionality or performance of the BioXpress Software or services provided by BioXpr; and (ii) You will monitor the BioXpr Website in order to ensure that You are aware of any changes in the BioXpress API Terms of Use. If such changes are not acceptable to You, You will immediately stop using the BioXpress API and, where applicable, the BioXpress Software. 2.9.2 If You are interested in using the BioXpress API for a purpose which is not permitted under this Agreement or the BioXpress API Terms of Use, You will have to obtain BioXpr's prior written consent and explicitly agree upon any further commercial terms. 2.10 BioXpr Promotional Materials: Nothing in this Agreement will give You any right to use the BioXpr Promotional Materials. 3. What You should and should not expect from BioXpress 3.1 No Warranties: Installing BioXpress Software enables You to predict oligonucleotides sequence for research use. BIOXPR DOES NOT WARRANT THAT: (A) THE OPERATION OF THE SOFTWARE OR HARDWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE THAT MAY BE SELECTED FOR USE BY YOU; (B) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS, OUTPUT, OR DATA PROVIDED THROUGH OR GENERATED BY THE SOFTWARE WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 3.1, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOXPR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, RELATING TO THIS AGREEMENT AND THE SOFTWARE AND ANY SERVICES PROVIDED TO YOU, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 3.2 Utilization of Your Computer: BioXpress Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of predicting oligonucleotide sequences or related functionalities. BioXpr will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your oligonuclotides prediction, however BioXpr cannot give any warranties in this respect. 3.3 New Versions of the BioXpress Software: BioXpr, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the BioXpress Software. BioXpr has no obligation to make available to You any subsequent versions of the BioXpress Software. You may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the BioXpress Software. 3.4 Suspension: BioXpr may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the BioXpress Software, and/or disable any BioXpress Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at BioXpr's discretion, are in breach of the Terms, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. 3.5 Version Restrictions: You acknowledge that the Software identified as a "beta" version("Beta Software") is provided solely as a convenience for You. Beta Software may include additional features or functionality currently under development for inclusion in the Software, but is not currently supported by BioXpr. 4. What we expect from You 4.1 Lawful purposes: You will use the BioXpress Software solely for lawful purposes. In this respect You may not, without limitation use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the BioXpress Software. 4.2 Representations: You represent and warrant that You are authorized to enter into and comply with the Terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Terms, as well as any and all laws, regulations and policies that may apply to the use of the BioXpress Software and/or the BioXpr Services. 4.3 Indemnification: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BIOXPR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE BIOXPRESS SOFTWARE. 4.4 Utilization of Your Computer: If Your use of the BioXpress Software is dependant upon the use of a processor and bandwidth owned or controlled by a third party, You acknowledge and agree that Your license to use the BioXpress Software is subject to You obtaining consent from the relevant third party for such use. You represent and warrant that by accepting this Agreement and using the BioXpress Software, You have obtained such consent. 4.5 Confidentiality: You acknowledge that the Software contains confidential and proprietary information of BioXpr, including without limitation the Source Code, inventions, algorithms, know how and other proprietary information contained therein (collectively, "Confidential Information"). You agree to protect the Confidential Information with at least the same degree of care employed with respect to Your own confidential or proprietary information. You will not use the Confidential Information for any purpose other than in connection with Your use of the Software under the Agreement. Except as otherwise set forth in this Agreement, under no circumstances will You allow any third party to have access to the Software. 4.6 Export Restrictions: BioXpress Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the BioXpress Software as well as end-user, end-use and destination restrictions issued by national governments. 5. Term, Termination, Updates 5.1 Term: This Agreement will be effective as of the Effective Date and will remain effective until terminated by either BioXpr or You as set out below. The Additional Terms will be effective as of the date upon which they are accepted by You or You use the relevant BioXpr Service (as applicable), and will remain effective until terminated by either BioXpr or You as set out below and/or in the applicable terms. 5.2 Termination: You may terminate the Terms with immediate effect at any time. Without limiting other remedies, BioXpr may limit, suspend, or terminate this license and Your use of BioXpress Software and BioXpr Services, prohibit access to the BioXpr Website and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the Terms, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BioXpr shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to Your User Account. We reserve the right to cancel User Accounts that have been inactive for more than two (2) years. 5.3 Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the BioXpress Software and the BioXpr Services shall immediately terminate; (b) You will immediately cease any and all use of the BioXpress Software and BioXpr Services; and (c) You will immediately remove the BioXpress Software from all hard drives, networks and other storage media and destroy all copies of the BioXpress Software in Your possession or under Your control. 5.4 New Versions: BioXpr reserves the right to change this Agreement at any time by publishing the revised Agreement on the BioXpr Website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the BioXpress Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. BioXpr reserves the right to change any of the Additional Terms from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the BioXpr Website (unless You expressly accept the revised terms earlier by clicking on the accept button if this option is made available), or within the timeframe set out in the applicable terms if different. 6. Disclaimer of Warranties and Limitation of Liability 6.1 No Warranties: THE BIOXPRESS SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; BIOXPR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE BIOXPRESS SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. BIOXPR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE BIOXPRESS SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE. 6.2 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the BioXpress Software remains with You, to the maximum extent permitted by law. 6.3 Limitation of Liability: THE LIABILITY OF BIOXPR UNDER THIS AGREEMENT, REGARDLESS OF THE BASIS OF LIABILITY OR THE FORM OF ACTION, WILL NOT EXCEED THE FEES PAID TO BIOXPR FOR THE PORTION OF THE SOFTWARE OR SERVICES CAUSING THE LIABILITY. IN NO EVENT WILL BIOXPR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER BIOXPR HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY RESULTS OBTAINED FROM OR THROUGH THE SOFTWARE. BIOXPR WILL NOT BE LIABLE FOR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE SOFTWARE OR CHANGES TO NETWORK CONFIGURATION THAT MAY AFFECT THE PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL BIOXPR, ITS AFFILIATES, ITS LICENSORS OR THE BIOXPRESS STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR: 6.3.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE BIOXPRESS SOFTWARE; AND 6.3.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE BIOXPRESS SOFTWARE; 6.3.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF; (I) IMPROPER USE OF THE INFORMATION GENERATED BY THE BIOXPRESS SOFTWARE; (II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY BIOXPR FOR ANY REASON; AND (III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE BIOXPRESS SOFTWARE TO YOU. 6.4 THE LIMITATIONS ON BIOXPR'S LIABILITY TO YOU IN PARAGRAPH 6.3 ABOVE SHALL APPLY WHETHER OR NOT BIOXPR, ITS AFFILIATES OR THE BIOXPR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING. 6.5 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF BIOXPR FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF BIOXPR, THE BIOXPR STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. 6.6 Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation. 7. Additional Terms 7.1 If You are interested in doing anything which is not permitted under this Agreement or by one of the above Additional Terms, You will have to obtain BioXpr's prior written consent and explicitly agree upon any further terms. 7.2 Your Confidential Information and Your Privacy: BioXpr is committed to respecting Your privacy and the confidentiality of Your personal data. Your personal data will be solely used for the purpose of creating your user account and managing your license information. BioXpr will not allow that your personal information will be distributed to third-parties without your prior consent. If You object to Your information being used in the way set out in the Privacy Policy then please do not use the BioXpr Services. 8. Miscellaneous 8.1 Entire Agreement: The terms and conditions of the Terms constitute the entire agreement between You and BioXpr with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or BioXpr arising out of fraud or fraudulent misrepresentation. 8.2 Partial Invalidity: If any provision of the Terms, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected. 8.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy. If BioXpr waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision. 8.4 Assignment: You are not allowed to assign the Terms or any rights hereunder. BioXpr is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice. 8.5 Applicable Law and Competent Court: The Terms shall be governed by and interpreted in accordance with the laws of Belgium and shall be subject to the jurisdiction of the courts of Namur, Belgium. 8.6 Language: The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. 8.7 Survival: The terms of paragraphs 2.7, 5 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE BIOXPRESS SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO BIOXPR THE RIGHTS SET FORTH HEREIN.
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