THE TERMS AND CONDITIONS SET FORTH IN THIS SOFTWARE LICENSE AGREEMENT PERTAIN AND RELATE TO THE MI-DETECT™ SOFTWARE PROGRAM (COLLECTIVELY REFERRED TO AS THE “PROGRAM,” WHICH MAY BE FURTHER DEFINED HEREIN). THE PROGRAM WAS DEVELOPED AT THE NATIONAL INSTITUTE FOR MICROBIAL FORENSICS AND AGRICULTURAL BIOSECURITY (NIMFFAB) AT OKLAHOMA STATE UNIVERSITY. THE PROGRAM IS EXCLUSIVELY OWNED BY THE BOARD OF REGENTS FOR THE OKLAHOMA AGRICULTURAL & MECHANICAL COLLEGES ON BEHALF OF OKLAHOMA STATE UNIVERSITY (“LICENSOR”).
LICENSOR AND YOU MAY BE REFERRED TO HEREIN IN THE SINGULAR AS A “PARTY” AND COLLECTIVELY AS THE “PARTIES.”
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE CLICKING THE “AGREE” BUTTON BELOW. CLICKING THE “AGREE” BUTTON SIGNIFIES YOUR ACCEPTANCE OF THE TERMS THAT FOLLOW ON BEHALF OF THE INDIVIDUAL WHO PERFORMS SUCH ACTION AND (IF APPLICABLE) ON BEHALF OF THE ORGANIZATION PAYING ANY APPLICABLE FEE(S) ASSOCIATED WITH ACCESS TO THE PROGRAM. IF SUCH APPLICABLE FEE(S) IS/ARE PAID BY ANY ORGANIZATION OR ENTITY OTHER THAN THE INDIVIDUAL WHO CLICKS THE “AGREE” BUTTON, SUCH INDIVIDUAL HEREBY EXPRESSLY REPRESENTS AND WARRANTS THAT HE/SHE IS AUTHORIZED BY SUCH ORGANIZATION TO ACCEPT THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ON SUCH ORGANIZATION’S OR ENTITY’S BEHALF.
IF YOU DO NOT ACCEPT THESE TERMS YOU WILL NOT BE GRANTED ACCESS TO USE THE PROGRAM.
IF YOU ARE NOT WILLING OR ARE UNABLE TO ACCEPT THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, THEN PROMPTLY CLICK “DECLINE,” AND THE PROGRAM WILL NOT COMMENCE AND YOU WILL NOT BE GRANTED ACCESS TO THE PROGRAM. IF YOU HAVE ANY QUESTIONS CONCERNING THIS SOFTWARE LICENSE AGREEMENT, CONTACT TDC@OKSTATE.EDU OR CALL 405-744-6930.
USE OF AND ACCESS TO THIS COMPUTER PROGRAM, INCLUDING ITS ASSOCIATED SERVER-SIDE AND WEB-BASED COMPONENTS, WITHOUT SIGNIFYING YOUR AGREEMENT TO THESE TERMS IN THE MANNER INDICATED ABOVE IS STRICTLY PROHIBITED.
THE PROGRAM AND ITS LIBRARIES (AS DEFINED BELOW) ARE HEREIN COPYRIGHTED AND LICENSED TO YOU; HOWEVER, THE PROGRAM AND ITS LIBRARIES ARE NOT SOLD TO YOU. THIS SOFTWARE LICENSE AGREEMENT REPRESENTS THE ENTIRE UNDERSTANDING CONCERNING THIS SUBJECT MATTER BETWEEN YOU AND THE BOARD OF REGENTS FOR OKLAHOMA STATE UNIVERSITY, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
NOTIFICATION OF PROGRAM INTELLECTUAL PROPERTY RIGHTS
THE PROGRAM IS A PROPRIETARY PRODUCT OF THE LICENSOR AND IS PROTECTED BY U.S. TRADEMARK AND COPYRIGHT LAWS AND INTERNATIONAL TREATY. YOU MAY USE THE PROGRAM ONLY IN ACCORDANCE WITH THE TERMS AND PROVISIONS PROVIDED HEREIN. YOU MAY NOT OTHERWISE COPY, DISTRIBUTE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR MAKE DERIVATIVE WORKS FROM THE PROGRAM AND/OR THE LIBRARIES UNLESS SPECIFICALLY PERMITTED IN WRITING BY THE LICENSOR. YOU MAY MAKE A COPY OF THE MANUAL ONLY FOR YOUR INTERNAL, NON-COMMERCIAL USE. DISTRIBUTION OF ANY MATERIALS LICENSED HEREIN NOT EXPRESSLY AUTHORIZED VIA THIS SOFTWARE LICENSE AGREEMENT IS ABSOLUTELY PROHIBITED.
LICENSOR WARRANTS IT HAS TITLE TO AND OWNERSHIP OF THE PROGRAM AND/OR HAS THE ABSOLUTE RIGHT TO GRANT YOU THE RIGHT TO USE THE PROGRAM AS SET FORTH IN THIS SOFTWARE LICENSE AGREEMENT WITHOUT VIOLATING ANY THIRD PARTY'S RIGHTS.
THE PROGRAM IS LICENSED “AS IS” AND LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF INTELLECTUAL PROPERTY RIGHTS CLAIMS, ISSUED OR PENDING, THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR THE OUTCOMES OBTAINED FROM THE USE OF THE PROGRAM. IN NO EVENT SHALL LICENSOR BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ECONOMIC DAMAGE, LOST PROFITS OR SAVINGS, EVEN IF LICENSOR HAS BEEN ADVISED OR HAS OTHER REASON TO KNOW, OR IN FACT DOES KNOW, OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Neither Licensor nor the State of Oklahoma waives its sovereign immunity by entering into this Software License Agreement and each specifically retains all immunities and defenses available to them as a sovereign pursuant to all applicable law. Designations of venue, choice of law, enforcement actions and similar provisions should not be considered a waiver of sovereign immunity. Both Parties agree that any ambiguity in this Software License Agreement shall not be strictly construed either for or against a Party except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.
DEFINITIONS“Anonymized Data”. Data provided by You which is either entered into the Program or used by the Program, from which all information that would identify You as the owner or that could tie the data to You has been removed.
“Effective Date”. The date on which the last-to-occur of the following events takes place: the License Fee is paid, You have accepted the terms of this Software License Agreement, and Your account information (username and temporary passcode) is transmitted to You.
“Libraries”. Server-side genomic and/or transcriptomic data that is provided and/or accessed by the Program, which comprise highly curated diagnostic sequence codes. The term “Libraries” expressly includes the E-Probe Libraries detailed in Exhibit A. Access to such Libraries must be purchased separately and are expressly not provided to You as result of Your payment of either a Single-Seat License Fee or a Multi-Seat License Fee. The details and pricing of each E-Probe Library is individually set forth in Exhibit A, the contents of which may be updated and/or modified from time to time at the sole discretion of Licensor without any prior notice to You.
“License Fee”. The annual fee required to be paid for access to and use of the Program in accordance with the particular Program options purchased; said fee(s) described in greater detail hereinbelow.
“Mi-Detect”. Server-side software for detection and diagnosis of pathogens in a Sample.
“Multi-Seat License”. A license containing ten (10) Seats for use of the Program that is issued to the individual or Organization who pays the Multi-Seat License Fee pursuant to the Program options selected at the time of purchase and subject to the terms, conditions, and/or restrictions set forth herein.
“Named User(s)”. One or more individuals authorized by You to use the Program and identified by You to Licensor pursuant to the License granted herein. The number of Named Users may not exceed the number of Seats provided by the License You purchased.
“Organization”. A company or other non-human legal entity.
“Program”. Collectively refers to the web-based portal through which You will access the Libraries and any server-side software including the Mi-Detect™ software and/or sub-programs, depending on the options selected at the time the License Fee is paid. Unless otherwise agreed to by the Parties, this Software License Agreement shall also extend to any future upgrades, updates, or revisions of or to the Program provided by Licensor to You. For purposes of clarity, the term “Program” expressly excludes and does not include the Libraries.
“Run(s)”. Each time an uploaded genetic sequence of a Sample is queried by the Mi-Detect Program against E-Probe sequence(s) contained with Libraries selected by You or a Named User(s) which results in an outcome with respect to the statistical probability of the existence of the E-Probe sequence(s) in the Sample.
“Sample”. A genetic sequence that is under investigation which is uploaded by You or a Named User(s) for use in and by the Mi-Detect Program.
“Seats”. The number of concurrent users authorized to use the Program as determined by the Program options selected at the time of purchase.
“Single-Seat License”. A license containing only one Seat for use of the Program that is issued to the individual or Organization who pays the Single-Seat License Fee pursuant to the Program options selected at the time of purchase and subject to the terms, conditions, and/or restrictions set forth herein.
“You” or “Your”. If a Single-Seat License is purchased, “You” and “Your” refer to the individual or Organization who pays the Single-Seat License Fee and, as applicable based on the context, to his/her/its Named User(s). If a Multi-Seat License is purchased, “You” and “Your” refer to the individual or Organization who pays the Multi-Seat License Fee and, as applicable based on the context, to his/her/its Named Users.
LICENSE FEES & COST STRUCTURESingle-Seat License Fee. The payment required for a Single-Seat License (the “Single-Seat License Fee”) is the sum of three hundred dollars ($300.00). All payments are due before or at the time the Program is initially accessed. Payment of the Single-Seat License Fee shall entitle You to one (1) Seat to access and use the Program and to ten (10) Runs utilizing the Mi-Detect™ program. Additional Runs may be purchased by You at an additional charge of one dollar ($1.00) per additional Run.
Multi-Seat License Fee. The payment required for a Multi-Seat License (the “Multi-Seat License Fee”) is the sum of two thousand dollars ($2,000.00). All payments are due before or at the time the Program is initially accessed. Payment of the Multi-Seat License Fee shall entitle You to ten (10) Seats to access and use the Program and to ten (10) Runs utilizing the Mi-Detect™ program. Additional Runs may be purchased by You at an additional charge of one dollar ($1.00) per additional Run.
LICENSE GRANTSingle-Seat License Grant. Upon timely payment in full of the applicable Single-Seat License Fee for a Single-Seat License, Licensor hereby grants to You, and the person who clicks the “Log In” button hereby accepts on Your behalf, a non-exclusive and nontransferable Single-Seat License to run the Program and use the separately-purchased Libraries in connection with the Program during the Term, according to the terms set out herein. This Single-Seat License grant extends to use of the Libraries separately purchased by You only in connection with the Program and only to the Named User. All other uses of the Program and Libraries are strictly prohibited.
Multi-Seat License Grant. Upon timely payment in full of the Multi-Seat License Fee for an Multi-Seat License, Licensor hereby grants to You, and the person who clicks the “Log In” button hereby accepts on Your behalf, a non-exclusive and nontransferable Multi-Seat License to run the Program and use the separately-purchased Libraries in connection with the Program during the Term, according to the terms set out herein. This Multi-Seat License grant extends to use of the Libraries separately-purchased by You only in connection with the Program and only to the Named User(s). All other uses of the Program and Libraries are strictly prohibited.
Storage. The grant of either a Single-Seat License or a Multi-Seat License includes up to fifty (50) Gigabytes of storage on Licensor’s servers. You may request to purchase additional storage by contacting Licensor.
Use of the Program. If you purchased a Single-Seat License, the Program and the separately-purchased Libraries may only be accessed and used by one (1) Named User(s) identified to Licensor by You, and if You purchased a Multi-Seat License, the Program and the separately-purchased Libraries may only be accessed and used by up to ten (10) Named User(s) identified to Licensor by You. Use by an individual other than Your Named User(s) is not permitted without separate authorization in writing from Licensor. Log-in credentials (ID and password) will be established during initial registration and may only be changed by Licensor upon Your advance written request. A Named User’s log-in credentials may only be used by that specific Named User(s), and may not be used by any other individual.
Licensor reserves the right to refuse service, to terminate Your account(s), to remove or edit content, or to cancel orders at its sole discretion, without any warning or prior notice.
RESTRICTIONSYou hereby expressly agree that You may not modify, adapt, translate, reverse engineer, or create derivative works of and/or based upon the Program or any part thereof, nor shall You permit or assist others in doing the same. Likewise, You further expressly agree that You will not modify, adapt, translate, reverse engineer, or create derivative works of and/or based upon the Libraries or any part thereof, nor shall You copy or seek to copy any portion of the Libraries or to interact with the Libraries in any manner except through the Program.
You agree that You will not transfer, sell, lease, sub-license, or lend the Program or any of the Libraries to any third party, encumber the Program or Libraries in any other manner, or permit any third party to access the Program or Libraries, whether directly or through any service bureau facility, time-sharing system, website, intranet or remote access method.
You further agree that You will not assign, sublicense, transfer, pledge, lease, rent, loan, encumber, or share Your rights under this Software License Agreement. Any such assignment, sublicense, transfer, pledge, lease, rent, loan, encumbrance, or sharing of Your rights under this Software License Agreement except as provided herein will automatically, and without notice to You, terminate the License Grant above and Your access to the Program and to the Libraries.
LICENSOR’S RIGHTSYou acknowledge and agree that the Program is the proprietary property of Licensor and is protected under applicable intellectual property laws of the United States and/or foreign jurisdictions, including, without limitation, applicable copyright, patent, trademark, and/or trade secret laws. The Libraries are the proprietary property of either the Licensor or third party contributor(s), the third-party contributor(s) having given permission for Licensor to grant You access to such third-party contributor Libraries subject to the terms and restrictions set forth in this Software License Agreement. You further acknowledge and agree that all rights, titles, and interests in and to the Program and the Libraries, including intellectual property rights associated therewith, are and shall at all times remain with Licensor or any third-party owner(s), if applicable. This Software License Agreement does not convey to You any interest in or to the Program or Libraries, but only a limited and revocable right of use in accordance with the terms of this Software License Agreement.
As between the Parties hereto, proprietary data entered by You in the course of using the Program shall at all times be deemed solely owned by You or Your Organization, as applicable. However, Licensor shall have and You hereby grant to Licensor a perpetual, non-exclusive, worldwide right and license to, by way of example only and not by way of limitation, use, reproduce, and display Your Anonymized Data, and to disclose Your Anonymized Data to third-parties, and to authorize such third-parties to use, reproduce, and display such Anonymized Data, and to use Your Anonymized Data to improve the reliability, functionality, or performance of the Program including any component of it.
Licensor may, at its sole discretion, share anonymous aggregate, statistical or numerical data that is derived from Your Anonymized Data with third-parties. Without Your consent, Licensor may not share identifying information associated with Your data with third parties.
You hereby acknowledge that You are solely responsible for backing up Your data that is stored on Licensor’s servers, and You hereby acknowledge and accept the possibility and all consequences of loss or corruption of any data that is stored on Licensor’s servers.
YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN THE USE OF THE PROGRAM, HARDWARE, AND INTERNET CONNECTIVITY THAT MAY RESULT IN INTERRUPTIONS OR ERRORS IN THE SERVICE, LOSS OF PRIVACY, CONFIDENTIALITY, INFORMATION, OR PROPERTY, AS WELL AS OTHER LOSSES, DAMAGES OR ADVERSE OCCURRENCES, REGARDLESS OF THE MEASURES TAKEN TO AVOID SUCH OCCURRENCES.
TERMThe rights granted by this Software License Agreement, whether under a Single-Seat License or a Multi-Seat License, as applicable, are effective upon the Effective Date and shall continue for a period of one (1) year from the Effective Date, unless terminated earlier as provided herein (the “Term”).
YOUR ACCOUNTYou will be given an administrative account and password that will allow You access to all Named User’s(s’) accounts. Additionally, You will receive an account(s) and password(s) corresponding to the number of Seats provided by the License purchased, which will grant Your Named User(s) access to the Program. As detailed herein, You may purchase access to one or more of the E-Probe Libraries in accordance with the provisions, terms, and conditions set forth in this Agreement, the details and pricing of each E-Probe Library being set forth in Exhibit A, a copy of which is attached hereto, the contents of which are expressly incorporated in their entirety herein by reference. You are responsible for identifying to Licensor the Named User(s) who are authorized to access the Program and separately-purchased Libraries under Your License, for maintaining the confidentiality of Your administrative account and password and the account(s) and password(s) of Your Named User(s), and for requiring Your Named User(s) to do the same. Neither Your administrative account and password nor any account or password of Your Named User(s) may be made accessible to, or transferred to, any third-party without the prior written consent of Licensor; consent may be withheld by Licensor in its sole discretion for any reason. You agree to make every reasonable effort to safeguard Your accounts and passwords against unauthorized use. You further agree to accept full responsibility for all activities that occur under Your accounts.
You hereby expressly represent and warrant that use of the Program (including, without limitation, access to the Program and/or Libraries via the applicable website/Uniform Resource Locator (URL) of the Program) by You or Your Named User(s) will not adversely impact the speed, security or integrity of the Program and/or Libraries or circumvent or render ineffective Licensor’s technological measures or any other measures used to protect and control the Program and/or Libraries and their respective data. You hereby acknowledge and agree that Licensor may, in its sole discretion, apply a monthly data transmittal, processing, re-processing and/or consumption threshold or other restrictive measures to Your accounts. You are responsible for preserving and protecting the speed, security, and integrity of the Program and/or Libraries for all of its users. Notice of such monthly data consumption threshold or other restrictive measures will be specified by communicating it to You via Your registered email and/or posted to the Program website and will become effective immediately.
Licensor is not obligated to ensure that data residing on Licensor’s server and removed or deleted by You is recoverable. In the event that actions by You result in the removal or deletion of such data, Licensor is under no obligation, either express or implied, to provide recovery services with respect to such data.
LIMITATION OF LIABILITYTO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU WITH RESPECT TO THIS SOFTWARE LICENSE AGREEMENT, INCLUDING YOUR USE OF THE PROGRAM, THE LIBRARIES, AND/OR ANY USER-GENERATED CONTENT; AND (B) IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS SOFTWARE LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE PROGRAM AND/OR LIBRARIES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR COMPUTING DEVICE. YOU HEREBY EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE PROGRAM AND LIBRARIES. In the event of any failure of the Program to conform to a warranty to which You are entitled by applicable law, You may notify Licensor, and Licensor will refund You the License Fee that You paid for Your license to the Program. To the maximum extent permitted by applicable law, THERE ARE NO OTHER WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE PROGRAM AND/OR LIBRARIES, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO SUCH WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
Under no circumstances shall Licensor be responsible for user error including, but not limited to, erroneous data input, misuse of the Program and/or its Libraries, incorrect interpretation of data, or missing data.
PROPRIETARY INFORMATIONThe Program and the Libraries and all information and materials related thereto constitute proprietary information and/or the intellectual property (including, without limitation, trade secrets) of Licensor or, if applicable, third party contributor(s). You agree to use Your best efforts to ensure the confidentiality of the Program and the Libraries and all related materials and information supplied by Licensor.
You expressly represent and warrant that You will not disclose, use, modify, reverse engineer, copy, and/or reproduce the Program or the Libraries or any of the information or materials supplied by Licensor except in accordance with this Agreement or after first obtaining the written permission of Licensor.
You specifically agree to prevent Your Named User(s), employees, agents, attorneys, and representatives from disclosing such proprietary information. In the event of any disclosure by said persons, Licensor shall be held harmless, and shall be protected and indemnified by You.
These non-disclosure provisions of this Software License Agreement shall continue beyond the Term of this Software License Agreement and shall be binding and enforceable even after termination of this Software License Agreement for any reason.
FORCE MAJEURE; DELAYSLicensor shall not be liable for delays or interruptions in access to the Program or Libraries or in transmitting any information, features, or reports caused by acts of God, strikes, lockouts, riots, acts of war, subsequently enacted government regulations, fire, flood, communication line or service failures, power and equipment failures, earthquakes, natural disasters, and other events beyond the reasonable control of Licensor.
TERMINATIONThis Software License Agreement will terminate one (1) year from the Effective Date unless extended by mutual agreement of the Parties.
To the extent available on Licensor’s servers, You can receive an electronic copy of Your data that is stored on Licensor’s servers if Licensor receives a written request for same within ten (10) days after termination of this Agreement. After that time, Licensor may, in its sole discretion, provide an electronic copy of Your data if such a request is received in writing and if Your data is still resident on Licensor’s system.
This Software License Agreement and Your access to the Program and the Libraries will terminate immediately without notice from Licensor or legal resolution if You fail to comply with any provision of this Software License Agreement. If Licensor terminates this Software License Agreement for cause, You will not be entitled to a refund of any portion of the Single-Seat License Fee or Multi-Seat License Fee, as applicable.
You may terminate this Software License Agreement at any time upon thirty (30) days’ advance written notice, with or without cause, provided that termination will not entitle You to a refund of any portion of the Single-Seat License Fee or Multi-Seat License Fee, as applicable.
Unless otherwise agreed to by the Parties, this Software License Agreement shall also extend to any future upgrades, updates, or revisions of the Program provided to You by Licensor during the Term of this Software License Agreement.
TRADEMARKSMi-DetectTM is a trademark of Licensor. No right, license, or interest to such trademark is granted or transferred hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademark.
MODIFICATION; ASSIGNMENTThis Software License Agreement shall not be modified, changed or amended, except by written agreement signed by authorized representatives of both Parties, and may not be transferred, sublicensed or assigned by You to any other party without the express prior written consent of Licensor, who may withhold consent for any reason in Licensor’s sole discretion.
GOVERNING LAWThis Software License Agreement shall be governed by the laws of the State of Oklahoma, without regard to its choice of law provisions or to which Party drafted particular provisions of this Software License Agreement. Any legal action in connection with this Software License Agreement shall be filed in a court of competent jurisdiction in the State of Oklahoma, to which jurisdiction and venue Licensee expressly agrees.
COSTS OF LITIGATIONIn the event that either Party commences an action in law or equity to enforce any provision of this Software License Agreement, the prevailing Party shall be entitled to recover its costs, including reasonable attorneys’ fees, reasonable costs of experts, and other costs incurred in that action or proceeding, as allowed by applicable law, in addition to any other relief to which said Party may be entitled.
SEVERABILITYShould any term of this Software License Agreement be declared illegal, invalid, and/or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
NO WAIVERThe failure of either Party to enforce any rights granted hereunder or to take any action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
It is specifically agreed that the breach of this Software License Agreement, and in particular the section concerning non-disclosure of proprietary information, will result in irreparable injury to Licensor and Licensor shall be entitled to specific performance and injunctive relief to correct and enjoin such breach in addition to all other remedies, either in law or equity, which might be available.
EXHIBIT A E-PROBE LIBRARIES, PRICING AND DETAILSUntil January 1, 2019, All Libraries are provided to You free of charge and access to such Libraries is hereby granted to You in consideration of Your payment of either the Single-Seat License Fee or Multi-Seat License Fee, as applicable. Beginning January 1, 2019, You may purchase access to one or more Libraries in accordance with the details and pricing set forth in the below table, the access purchase(s) being valid from January 1, 2019 until December 31, 2019.
Library Name Library Owner Rose Diseases Citrus Diseases Blueberry Diseases Bovine Diseases