Terms of Use :: PREMIER Biosoft

This PREMIER Biosoft International End-User License Agreement (EULA) is a legal agreement between you and PREMIER Biosoft International (PBI), a California Company, governing the distribution and use of computer programs and data files owned by PREMIER Biosoft International and other material accompanying this EULA including associated media, printed materials and/or electronic documentation distributed to you with the software or from PBI's website collectively referred to as the "PBI Software Product". By exercising your rights to install, make and use copies of this PBI Software Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install and use the PBI Software Product.

GRANT OF LICENSES:

Title and ownership of the PBI Software Product remains with PBI. This EULA grants you the right to install and use the PBI Software Product according to representations made by you at the time you obtained the PBI Software Product, as follows:

If you obtained the PBI Software Product without charge:
Demo Copy License: You may install this PBI Software Product on a single computer CPU for your use and evaluation. You may reproduce and distribute an unlimited number of copies of the PBI Software Product provided that (i) each copy shall be a true and complete copy, including all copyright and trademark notices, (ii) notice of copyright and trademark shall be visibly and legibly displayed on each copy, (iii) each copy shall be accompanied by a copy of this EULA, and (iv) no copy shall be offered for resale.
If you obtained the PBI Software Product in a sales transaction for a:
Single User License: You may install and use this PBI Software Product on up to three stand alone computers within your lab/ facility for your own use (except for GlycanExplorer^™ which is a one-seat licensed software). Sharing the license details with any other facility of an organization or with a different organization is a violation of the policy. Free Technical Support regarding the operation of the current version of the PBI Software Product will be provided after you have registered your copy of this PBI Software Product.

GRANT OF RIGHT TO MAKE ARCHIVAL COPY:

You may reproduce for archival purposes only copies of the PBI Software Product installed on a computer provided that each copy shall be a true and complete copy, including all copyright and trademark notices.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations on Reverse Engineering, De-compilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the PBI Software Product in any manner, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components: The PBI Software Product is licensed for use as a single product. Its component parts may not be separated in such a manner so as to make the component parts unavailable for use by the program as intended by the designers of the product.
Software Rental: You may not rent, lease, or lend or otherwise redistribute the PBI Software Product except as provided for under the terms of your license.
Software Transfer: You may permanently transfer all of your rights under this EULA, provided that you retain no copies of the PBI Software Product and the recipient agrees to the terms of this EULA. Transferee must register the PBI Software Product.
Property and License Protection: PBI shall take all steps it deems necessary to protect its property and the sale and grant of license to use its products. Such steps may include but shall not be limited to offering a reward for information leading to the successful defense of its rights and claims which may include the award of damages as a result of legal action taken in defense of its rights and claims, and membership in software publisher associations representing software developers and owners which pursue claims of license breach for monetary damages on behalf of their members.
Termination: Without prejudice to any other rights, PREMIER Biosoft International may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the PBI Software Product and all of its component parts.
Copyright: All title and copyrights in and to the PBI Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the PBI Software Product), the accompanying printed materials, and any copies of the PBI Software Product are owned by PREMIER Biosoft International or its suppliers. Therefore, you must treat the PBI Software Product as any other copyrighted material.

NO WARRANTIES:

PREMIER Biosoft International expressly disclaims any warranty for the PBI Software Product. The PBI Software Product and any related documentation is provided without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the PBI Software Product remains with you.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES:

In no event shall PREMIER Biosoft International or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this PREMIER Biosoft International product, even if PREMIER Biosoft International has been advised of the possibility of such damages. PREMIER Biosoft International's entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the license to use the PBI Software product.

ORDER PROCESSING AND DELIVERY

At PREMIER Biosoft, we are committed to providing our customers with high-quality software products and outstanding customer service. Our e-commerce fulfillment policy is designed to ensure that our customers receive their software products in a timely and efficient manner, while also protecting our business from potential fraud and abuse

Order Processing:
- Orders will be processed within 2 business days of receiving the purchase order/ credit card order, excluding weekends and holidays.
- An email confirmation will be sent to the customer once the order has been processed.
- If there are any issues with the order, we will contact the customer via email or phone to resolve the issue as quickly as possible.

Order Delivery:
- All software products are delivered electronically via email that contains the software download link and the license key.
- ADownload links and license keys will be sent to the email address provided by the customer during the order process.

SOFTWARE LICENSING AND UPGRADATION

PBI software licenses are perpetual, those never expire. You can use the purchased version as long as you want.
For the first year of purchase (counted from the date of first activation) all upgrades are available for free. Should you wish to receive further upgrades, you will need to pay the annual maintenance fee which will cover upgrades for additional years.

ANNUAL MAINTENANCE POLICY

To continue supporting the latest developments in assays and algorithms, we have found it necessary to institute an Annual Maintenance Policy. For the first year from the date of purchase, we will provide all available upgrades free of charge. After that, you will be asked to pay an Annual Maintenance Fee, which will cover all upgrades for the following year. Of course, you are in no way obligated to upgrade. You may continue using the version you have, as long as you wish.

Applicable for:

AlleleID^®, Beacon Designer^™, LAMP Designer^™, GlycanExplorer^™, SimGlycan^®, SimGlycan^® Enterprise Edition, SimLipid^®, SimLipid^® Enterprise Edition and SimMet^®
- For the first year after purchase, all upgrades, related support services and access to the database are free.
- The annual upgrade maintenance period begins twelve months after the date of purchase and lasts a year. The date of purchase is the date on which a customer activates the program for the first time.
- After the first year of purchase, paying the small upgrade maintenance fee will entitle you to receive all upgrades and access to the database for an additional year. As long as you are current on this fee, you will get all the latest versions of the product and will never have to buy a new version.
- If you decide not to pay the annual upgrade maintenance fee, that's fine. You don't have to. You may continue using the version you have. To resume maintenance, you must pay the cumulative unpaid charges for the previous year(s). The fees will be calculated at the prevailing rates on the day the maintenance order is placed.
- The annual maintenance contract is renewed not from the day you choose to renew, but from the day it last expired.
- The annual maintenance contract can not be renewed for years less than what is already due. It must be renewed at least to the current date or further, based on the date the contract last expired.
- If you haven't renewed your maintenance for five consecutive years, you will not be eligible for the upgrade pricing and will have to purchase the full current version at the prevailing price.

PAYMENT

We accept payment in U.S. dollars only
Our payment terms are NET 30 (Exception: GlycanExplorer^™ software requires 100% advance payment)
We accept payment via credit card, check (US only), EFT (Electronic Fund Transfer), and wire transfer.
Payment is required at the time of purchase or within 30 days after the product is delivered.
We reserve the right to cancel any order that we suspect may be fraudulent or abusive.

RETURNS AND REFUND

All software products are non-refundable once delivered.
If there is an issue with the software, we will work with the customer to resolve the issue as quickly as possible.

By placing an order with PREMIER Biosoft, the customer agrees to these fulfillment policies. We reserve the right to modify these policies at any time without prior notice. If you have any questions or concerns, please contact us at support@premierbiosoft.com