Luminex No Top Plate User Manual

No Top Plate Swivel Base

Lum/nex

®

Installation and User

Manual

© Luminex Corporation, 2010. All rights reserved. No part of this publication may be reproduced,

transmitted, transcribed, or translated into any language or computer language, in any form or by any
means without prior express, written consent of:

LUMINEX CORPORATION

12212 Technology Boulevard

Austin, Texas 78727-6115

U.S.A.

Voice: [phone]

Fax: [phone]

Luminex® No Top Plate Swivel Base Installation and User Manual

PN 89-00002-00-244 Rev. B

August 2010

Luminex Corporation (Luminex) reserves the right to modify its products and services at any time. This
guide is subject to change without notice. Although prepared to ensure accuracy, Luminex assumes no
liability for errors or omissions, or for any damages resulting from the application or use of this
information.

The following are trademarks or registered trademarks of Luminex: Luminex, XYP, SD.

Standard Terms and Conditions For Use of Instrument Product

By opening the packaging containing this product ("Product") or by using such Product in any
manner, you are consenting and agreeing to be bound by the following terms and conditions. You
are also agreeing that the following terms and conditions constitute a legally valid and binding
contract that is enforceable against you. If you do not agree to all of the terms and conditions set
forth below, you must promptly return the Product for a full refund prior to using them in any
manner.

1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE
TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO.
NO VARIATION OF THESE TERMS AND CONDITIONS SHALL BE BINDING UPON LUMINEX
CORPORATION ("LUMINEX") UNLESS AGREED TO IN WRITING AND SIGNED BY AN
AUTHORIZED REPRESENTATIVE OF LUMINEX. For purposes of this agreement, "Seller" shall
mean either Luminex, if the Product is purchased directly from Luminex, or a Luminex authorized
reseller. Buyer, by accepting the Product shall be deemed to have assented to the terms and
conditions set forth herein, notwithstanding any terms contained in any prior or later
communications from Buyer and whether or not Seller shall specifically or expressly object to any
such terms.

2. Warranties - THIS WARRANTY IS APPLICABLE FOR PARTS AND SERVICE FOR LUMINEX
INSTRUMENTS PURCHASED DIRECTLLY FROM LUMINEX TO BUYER AND ONLY TO THE
EXTENT SUCH INSTRUMENTS ARE LOCATED IN NORTH AMERICA AND THE COUNTRIES
THAT COMPRISE THE EUROPEAN UNION. LUMINEX MAKES NO WARRANTY, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS SOLD, DISTRIBUTED, LOCATED OR
USED OUTSIDE OF NORTH AMERICA OR THE COUNTRIES COMPRISING THE EUROPEAN
UNION. PRODUCTS SOLD OUTSIDE OF NORTH AMERICA OR THE COUNTRIES
COMPRISING THE EUROPEAN UNION ARE SOLD ONLY ON AN "AS IS, WHERE IS" BASIS.
NOTWITHSTANDING THE FOREGOING, LUMINEX SHALL PROVIDE BUYER A WARRANTY ON
FIELD SERVICE PARTS PROCURED FROM LUMINEX FOR MAINTENANCE OF LUMINEX
INSTRUMENTS IN ALL COUNTRIES IN THE WORLD AND PER THE TERMS AND CONDITIONS
HEREIN. TO THE EXTENT THAT THE FOREGOING DISCLAIMERS ARE INVALID OR
UNENFORCEABLE UNDER THE LAWS OF ANY JURISDICTION, THE WARRANTY,
DISCLAIMER, LIMITATION OF LIABILITY AND OTHER PROVISIONS SET FORTH BELOW
SHALL THEREUPON BE EFFECTIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.

Notwithstanding Buyer's acceptance thereof, if Product is purchased directly from Luminex,
Luminex warrants that for a period of twelve (12) months from date of delivery that the Product shall
conform in all material respects with the Product Specifications provided by Luminex with the
Product. The warranty provided herein specifically excludes any software or hardware not provided
by Luminex. If Product is purchased from a Luminex authorized reseller, any warranty obligations
shall be provided in writing directly by such Luminex authorized reseller to Buyer. THIS
WARRANTY IS EXCLUSIVE AND LUMINEX MAKES ANY OTHER WARRANTY, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller's warranties made in
connection with this sale shall not be effective if Seller has determined, in its sole discretion, that
Buyer has misused the Product in any manner, has failed to use the Product in accordance with
industry standards or practices or has failed to use the Product in accordance with instructions, if
any, furnished by Seller.

BUYER'S EXCLUSIVE REMEDY WITH RESPECT TO PRODUCT PROVED TO SELLER'S
SATISFACTION TO BE DEFECTIVE OR NONCONFORMING SHALL BE REPAIR OR
REPLACEMENT OF SUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE PURCHASE
PRICE, IN SELLER'S SOLE DISCRETION, UPON THE RETURN OF SUCH PRODUCTS IN
ACCORDANCE WITH SELLER'S INSTRUCTIONS BELOW. NEITHER SELLER NOR LUMINEX
SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCT, EVEN
IF SELLER OR LUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF WORK IN PROGRESS, DOWN

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TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF
PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY
ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE
OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR
PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS
CAUSED BY SELLER'S GROSS NEGLIGENCE.

In the event that Product is located outside of North America or the European Union and fails to
conform to the warranty set forth herein, during the warranty period: (i) Buyer shall notify Luminex
in a timely manner in writing that such Product failed to conform and shall furnish a detailed
explanation of any alleged nonconformity; (ii) Buyer at it's expense will contract either Luminex or a
Luminex trained service engineer to assess the issue and identify the defective FS-PART; and (ii) at
Luminex's option and election, Buyer shall either return such nonconforming Product to Luminex's
manufacturing facility or destroy such Product and provide Luminex with written certification of
destruction. In the event that a FS-PART is returned to Luminex's manufacturing facility, Luminex
may analyze such FS-PART for defects. In the event that Luminex determines that such FS-PART
is not defective, the FS-PART shall be shipped to Buyer then Buyer shall be responsible for the
payment for such FS-PART and related shipping charges. Furthermore, in the event that Luminex
determines that such FS-PART is defective then Luminex shall be responsible for the payment for
such FS-PART and related shipping charges. Except as expressly provided herein, Buyer shall not
have the right to return a Product to Luminex without Luminex's prior written consent.

3. Buyer's Use of Product - Buyer shall not use this Product for any commercial purpose, including
without limitation performance of testing services, unless expressly agreed to in writing by Luminex
or as specifically authorized by Luminex through a Luminex distributor. Buyer agrees that no rights
or licenses under Luminex's patents shall be implied from the sale of the Product, except as
expressly provided herein or as specifically agreed to in writing by Luminex, and Buyer does not
receive any right under Luminex's patent rights hereunder. Buyer acknowledges and agrees that
the Product are sold and licensed only for use with Luminex's laser based fluorescent analytical test
instrumentation. Buyer further acknowledges that, unless otherwise indicated on the Product label,
the Product has not received approval from the United States Food and Drug Administration or
other federal, state or local regulatory agencies and have not been tested by Seller or Luminex for
safety or efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless
otherwise stated in Seller's technical specifications or material data sheets furnished to Buyer.
Buyer expressly represents and warrants to Seller that Buyer will use the Product in accordance
with the Product label, if applicable, and will properly test and use any Product in accordance with
the practices of a reasonable person who is an expert in the field and in strict compliance with the
United States Food and Drug Administration and all applicable domestic and international laws and
regulations, now and hereinafter enacted.

BUYER HEREBY GRANTS TO LUMINEX A NONEXCLUSIVE, WORLDWIDE, UNRESTRICTED,
ROYALTY-FREE, FULLY PAID-UP LICENSE, WITH THE RIGHT TO GRANT AND AUTHORIZE
SUBLICENSES, UNDER ANY AND ALL PATENT RIGHTS IN INVENTIONS COMPRISING
MODIFICATIONS, EXTENSIONS, OR ENHANCEMENTS MADE BY BUYER TO THE PRODUCT
OR TO THE MANUFACTURE OR USE OF THE PRODUCT ("IMPROVEMENT PATENTS"), TO
MAKE, HAVE MADE, USE, IMPORT, OFFER FOR SALE OR SELL ANY AND ALL PRODUCT;
EXPLOIT ANY AND ALL METHODS OR PROCESSES; AND OTHERWISE EXPLOIT
IMPROVEMENT PATENTS FOR ALL PURPOSES. NOTWITHSTANDING THE FOREGOING,
"IMPROVEMENT PATENTS" SPECIFICALLY EXCLUDES PATENT CLAIMS CONCEIVED AND
REDUCED TO PRACTICE BY BUYER CONSISTING OF METHODS OF SAMPLE
PREPARATION, METHODS OF CONJUGATING PRODUCT TO ANALYTES, THE COMPOSITION
OF MATTER OF THE SPECIFIC CHEMISTRIES OF THE ASSAYS DEVELOPED BY BUYER AND
METHODS OF PERFORMING THE ASSAYS (I.E., THE PROTOCOL FOR THE ASSAY).

Buyer has the responsibility and hereby expressly assumes the risk to verify the hazards and to
conduct any further research necessary to learn the hazards involved in using the Product. Buyer
also has the duty to warn Buyer's customers, employees, agents, assigns, officers, successors and
any auxiliary or third party personnel (such as freight

handlers, etc.) of any and

all risks involved in
using or handling the Product. Buyer agrees to comply with instructions, if any, furnished by Seller
or Luminex relating to the use of the Product and not misuse the Product in any manner. Buyer

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shall not reverse engineer, decompile, disassemble or modify the Product. Buyer acknowledges
that Luminex retains ownership of all patents, trademarks, trade secrets and other proprietary rights
relating to or residing in the Product and Buyer receives no rights to such intellectual property rights
by virtue of its purchase of Product other than as expressly set forth herein. Buyer shall have no
right to use any trademarks owned or licensed to Luminex without the express written permission of
Luminex.

4. Buyer's Representations, Release and Indemnity - Buyer represents and warrants that it shall
use the Product in accordance with Paragraph 2, "Buyer's Use of Product," and that any such use
of Product will not violate any law, regulation, judicial order or injunction. Buyer agrees to release,
discharge, disclaim and renounce any and all claims, demands, actions, causes of action and/or
suits in law or equity, now existing or hereafter arising, whether known or unknown, against Seller
and Luminex, and their respective officers, directors, employees, agents, successors and assigns
(collectively the "Released Parties"), with respect to the use of the Product. Buyer agrees to
indemnify and hold harmless the Released Parties from and against any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney, accounting, expert witness, and
consulting fees) that any of the Released Parties may sustain or incur as a result of any claim
against such Released Party based upon negligence, breach of warranty, strict liability in tort,
contract or any other theory of law or equity arising out of, directly or indirectly, the use of the
Product or by reason of Buyer's failure to perform its obligations contained herein. Buyer shall fully
cooperate with the Released Parties in the investigation and determination of the cause of any
accident involving the Product which results in personal injury or property damage and shall make
available to the Released Parties all statements, reports, recordings and tests made by Buyer or
made available to Buyer by others.

5. Patent Disclaimer - Neither Seller nor Luminex warrants that the use or sale of the Product will
not infringe the claims of any United States or other patents covering the product itself or the use
thereof in combination with other products or in the operation of any process.

End-User License Agreement (EULA) for Luminex® Software

This Luminex End-User License Agreement (“EULA”) is a legal agreement between you (either an
individual or a single entity, also referred herein as “you”) the end-user and Luminex Corporation
(“Luminex”) regarding the use of the xPONENT software product provided to you above, which
includes computer SOFTWARE and online or electronic documentation and may include associated
media and printed materials (if any) (“SOFTWARE”). The terms also apply to any updates,
supplements, web content or internet-based services, such as remote access.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO LUMINEX OR THE LUMINEX
AUTHORIZED THIRD PARTY FROM WHICH YOU PURCHASED THE SOFTWARE FOR A
REFUND OR CREDIT. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE
RIGHTS TO USE THE SOFTWARE AS SPECIFICALLY SET FORTH BELOW.

1. OVERVIEW. The SOFTWARE is protected by copyright laws and international copyright

treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed,
not sold.

2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a) Trial and Conversion. Some or all of the SOFTWARE may be licensed on a trial basis.

Your rights to use trial SOFTWARE are limited to the trial period. The trial SOFTWARE and
length of the trial period are set forth during the activation process. The SOFTWARE may
be used for evaluation purposes only during the trial period and not for any commercial
use, including without limitation to any diagnostic use. You may have the option to convert
your trial rights to perpetual rights. Conversion options will be presented to you at the
expiration of your trial period.

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b) Activation. You can activate the SOFTWARE by obtaining a license key provided by

Luminex Technical Support at [e-mail] or 1-877-785-2323 or 1-512­381-4397.

c) Branding. You may only add additional branding or other graphics to SOFTWARE with

Luminex’s express written consent.

d) Upgrades. You may only obtain updates or upgrades for the SOFTWARE from Luminex

Technical Support at [e-mail]

or authorized resellers. For more
information on obtaining updates from authorized resellers, see http://
www.luminexcorp.com.

3. GRANT OF LICENSE. Subject to the terms and conditions of this EULA, Luminex hereby

grants to you a nonexclusive, nontransferable, nonassignable license (without right to
sublicense) under Luminex’s copyrights and trade secrets to use the SOFTWARE on a single
computer running with a single unit of a specific model of Luminex instrument, as such model is
identified on the packaging included with the SOFTWARE. You may make one (1) copy of the
SOFTWARE for backup or archival purposes only. You may also install the SOFTWARE on up
to three (3) additional computers for purposes of performing ancillary tasks (i.e. preparing
templates/protocols, performing further analysis or re-running previous data), provided such
computers are at a single location and are NOT connected with a Luminex instrument. In
addition, You may purchase the right to use the SOFTWARE on additional computers, as
agreed to in writing with Luminex or its authorized reseller, for purposes of performing ancillary
tasks (i.e. preparing templates/protocols, performing further analysis or re-running previous
data), provided such computers are at a single location and are NOT connected with a Luminex
instrument. Although no rights or licenses under any of Luminex's patents are granted by or
shall be implied from the license of the SOFTWARE or the sale of Luminex instrumentation to
you, the purchaser, you may obtain a license under Luminex’s patents, if any, to use this unit of
Luminex instrumentation with fluorescently labeled microsphere beads authorized by Luminex
by purchasing such beads from Luminex or an authorized Luminex reseller.

4. RESTRICTIONS

• SOFTWARE must only be installed and operated on a single computer running with a
Luminex instrument, as set forth above.

• You may not use this SOFTWARE for any commercial purpose, including in the
performance of testing services, unless expressly agreed to in writing by Luminex or as
authorized in writing by Luminex through an authorized reseller of the SOFTWARE.

• You may only use the SOFTWARE with microspheres manufactured by Luminex or with kits
developed, manufactured and distributed by licensees authorized in writing by Luminex.

• You must maintain all proprietary notices on all copies of the SOFTWARE.

• You may not distribute copies of the SOFTWARE to third parties.

• You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive
source code from the SOFTWARE.

• You may not copy (other than one backup or archival copy), distribute, sublicense, rent,
lease, transfer or grant any rights in or to all or any portion of the SOFTWARE.

• You must comply with all applicable laws regarding the use of the SOFTWARE.

• You may not modify or prepare derivative works of the SOFTWARE, including modifying any
branding or graphics.

• You may not use the SOFTWARE in a computer-based service business or publicly display
visual output of the SOFTWARE.

• You may not transmit the SOFTWARE over a network, by telephone, or electronically by any
means.

5. TERM AND TERMINATION. Your rights under this EULA are effective until termination. You
may terminate this EULA at any time by destroying the SOFTWARE, including all computer
programs and documentation, and erasing any copies residing on your computer equipment.
Luminex may terminate this EULA upon thirty (30) days written notice to you. Your rights under
this EULA automatically terminate without further action on the part of Luminex if you do not

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