This End User License Agreement ("EULA") is a legal agreement between you ("User," "you," or "your") and Pro-Lab Diagnostics USA ("Pro-Lab," "we," "our," or "us") governing your use of Pro-Lab software products, including but not limited to Pro-LIMS® Cloud Platform, Microbank® Marketplace, and related applications ("Software").
BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL, ACCESS, OR USE THE SOFTWARE.
Subject to your compliance with this EULA, Pro-Lab grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely for your internal business or research purposes in accordance with the applicable subscription plan or license terms.
You agree NOT to:
Access to certain Software features may require a paid subscription. Subscription plans, pricing, and features are described on our website or in your service agreement.
Subscription fees are billed in advance on a monthly or annual basis as selected. Fees are non-refundable except as required by law or as expressly stated in your service agreement.
Subscriptions automatically renew unless you cancel before the renewal date. You may cancel at any time through your account settings or by contacting support@pro-lab.us.
You must create an account to use the Software. You agree to provide accurate, current, and complete information and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to:
You retain all rights to your laboratory data, specimen records, and other information you upload or input into the Software ("User Data"). Pro-Lab does not own or claim any rights to your User Data.
Pro-Lab may access, use, and process User Data solely to:
Pro-Lab implements industry-standard security measures to protect your data, including encryption, access controls, and regular security audits. However, no system is 100% secure. You acknowledge the inherent risks of transmitting data over the Internet.
While we perform regular backups, you are responsible for maintaining independent backups of critical User Data. Pro-Lab is not liable for data loss or corruption.
Our use of your personal information is governed by our Privacy Policy, which is incorporated into this EULA by reference.
The Software, including all code, algorithms, user interfaces, documentation, and trademarks (Pro-LIMS®, Microbank®, etc.), is the exclusive property of Pro-Lab Diagnostics USA and is protected by U.S. and international intellectual property laws.
If you provide feedback, suggestions, or ideas regarding the Software, Pro-Lab may use such feedback without any obligation to you, including for product improvements or new features.
The Software is designed for use in clinical diagnostics, research, and laboratory information management. Users must comply with all applicable regulations, including:
You are solely responsible for ensuring that your use of the Software complies with all applicable laws, regulations, and professional standards. Pro-Lab does not provide legal or regulatory advice.
Pro-Lab may release updates, patches, or new versions of the Software from time to time. Updates may be automatically installed or require manual installation. You agree to install updates promptly to maintain security and functionality.
We may perform scheduled maintenance that temporarily interrupts access to the Software. We will provide advance notice of planned maintenance whenever possible.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
No oral or written information provided by Pro-Lab shall create a warranty.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO-LAB SHALL NOT BE LIABLE FOR:
Pro-Lab's total liability for any claim shall not exceed the amount paid by you for the Software in the 12 months preceding the claim.
You agree to indemnify, defend, and hold harmless Pro-Lab and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorneys' fees) arising from:
You may terminate this EULA at any time by discontinuing use of the Software and canceling your subscription.
We may suspend or terminate your access to the Software immediately, with or without notice, if:
Upon termination, your license to use the Software immediately ceases. You must stop using the Software and delete all copies. Pro-Lab may delete your User Data after a reasonable grace period (typically 30 days).
The Software may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export laws and not to export or re-export the Software to prohibited countries or persons.
Pro-Lab reserves the right to modify this EULA at any time. We will notify you of material changes via email or in-app notification. Your continued use of the Software after such changes constitutes acceptance of the modified EULA.
This EULA shall be governed by the laws of the United States and the state in which Pro-Lab is headquartered, without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.
If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This EULA, together with our Terms of Use and Privacy Policy, constitutes the entire agreement between you and Pro-Lab regarding the Software and supersedes all prior agreements.
If you have any questions about this EULA, please contact us:
Pro-Lab Diagnostics USA
Email: support@pro-lab.us
Legal Inquiries: legal@pro-lab.us