Mass Spec Studio depends on other libraries. Please read the license under the "Mass Spec Studio" tab as well as all of the licenses under the "Other Licenses" tab.
Copyright (c) 2016 Schriemer Lab
In order to use this software, you must read and accept the following licenses:
AB Sciex WIFF Reader Library
Agilent Mass Hunter Data Access Component Library
Thermo-Scientific MSFileReader Library
Waters Raw Data Access Component Library
Permission is hereby granted, free of charge, to any person ("You") obtaining a copy of this software and associated documentation files (the "Software"), to deal with the Software without restrictions, subject to the following conditions:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
ADDENDUM TO APACHE LICENSE
To the best of our ability we deliver this software to you under the Apache 2.0 License listed below (the source code is available in the ProteoWizard project). This software does, however, depend on other software libraries which place further restrictions on its use and redistribution. By accepting the license terms for this software, you agree to comply with the restrictions imposed on you by the license agreements of the software libraries on which it depends:
AB Sciex WIFF Reader Library
Agilent Mass Hunter Data Access Component Library
Thermo-Scientific MSFileReader Library
Waters Raw Data Access Component Library
Apache License - Covers Core ProteoWizard Tools and Library
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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AB SCIEX LLC
END USER BETA SOFTWARE LICENSE AGREEMENT
LIMITED DEVELOPER LICENSE & REDISTRIBUTION LICENSE
WIFF Reader Distributable Beta SDK
NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS THE CONTRACT BETWEEN YOU AND AB SCIEX REGARDING THIS SOFTWARE PRODUCT. THIS AGREEMENT INCLUDES LICENSE TERMS AND RESTRICTIONS, WARRANTY AND LIABILITY DISCLAIMERS, AND LIMITATIONS.
YOUR INSTALLATION AND USE OF THIS AB SCIEX SDK IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT.
This AB Sciex End User Software License Agreement (EULA) and Limited Developer & Redistribution License accompanies this AB Sciex WIFF Reader Distributable Beta SDK product ("Software") and related explanatory materials ("Documentation"). The term "SDK" also includes any upgrades, modified versions, updates, additions and copies of the SDK licensed to you by AB Sciex. The term “AB Sciex,” as used in this License, means AB Sciex LLC and its subsidiaries and affiliates. The term “License” or “Agreement” means this EULA and Limited Developer & Redistribution License including any and all Appendices. The term “you” or “Licensee” means the purchaser of this License to the Software.
Third Party Products
This Software may include software products licensed by third party provider(s). In addition, the Software may enable you to run multiple instances of third-party software and application programs. You are responsible for reviewing and complying with any licenses necessary to use any such third-party software. Such licenses may be included in your AB Sciex installation package.
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Use of the Software
2. You may make one copy of the Software in machine-readable form solely for backup or archival purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original. You may not make any other copies of the Software.
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Distribution of the Distributable Components (DCs)
1. Distributable Components. The Software contains Distributable Components that you are permitted
to distribute for non-commercial purposes provided that: (a) the Distributable Components are bundled as part of, and for the sole purpose of running programs developed by you and supplied by you; and (b) you comply with all other terms in this EULA. As used herein commercial purposes include, but are not limited to, charging a purchase price, license fee, maintenance fee, subscription fee, or providing software incorporating Distributable Components for use with a product sold by you or an affiliate.
2. Right to Use and Distribute. The code and text files listed in Appendix A are “Distributable
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U.S. Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
European Community End Users
If this Software is used within a country of the European Community, nothing in this Agreement shall be construed as restricting any rights available under the European Community Software Directive, O.J. Eur. Comm. (No. L. 122) 42 (1991).
You acknowledge that the Software has not been cleared, approved, registered or otherwise qualified (collectively, “Approval”) by AB Sciex with any regulatory agency, including without limitation for use in diagnostic or therapeutic procedures or any other use requiring compliance with any federal or state law regulating diagnostic or therapeutic products, blood products, medical devices or any similar product (hereafter collectively referred to as "federal or state drug laws"). The Software may not be used for any purpose that would require any such Approval unless proper Approval is obtained. You agree that if you elect to use the Software for a purpose that would subject you or the Software to the jurisdiction of any federal or state drug laws, you will be solely responsible for obtaining any required Approvals and otherwise ensuring that your use of the Software complies with such laws.
NO WARRANTY and LIMITATION OF REMEDIES
AB SCIEX MAKES NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR THAT THE SOFTWARE OR DOCUMENTATION IS NON-INFRINGING. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AB SCIEX MAKES NO WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL CONFORM EXACTLY TO THE DOCUMENTATION, OR THAT AB SCIEX WILL CORRECT ALL PROGRAM ERRORS. AB SCIEX’S SOLE LIABILITY AND RESPONSIBILITY FOR BREACH OF WARRANTY RELATING TO THE SOFTWARE OR DOCUMENTATION SHALL BE LIMITED, AT AB SCIEX’S SOLE OPTION, TO (1) CORRECTION OF ANY ERROR IDENTIFIED TO AB SCIEX IN A WRITING FROM YOU IN A SUBSEQUENT REALEASE OF THE SOFTWARE, WHICH SHALL BE SUPPLIED TO YOU FREE OF CHARGE, (2) ACCEPTING A RETURN OF THE PRODUCT AND REFUNDING THE PURCHASE PRICE UPON RETURN OF THE PRODUCT AND REMOVAL OF ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTERS AND STORAGE DEVICES, (3) REPLACEMENT OF THE DEFECTIVE SOFTWARE WITH A FUNCTIONALLY EQUIVALENT PROGRAM AT NO CHARGE TO YOU, OR (4) PROVIDING A REASONABLE WORK AROUND WITHIN A REASONABLE TIME. AB SCIEX SOLE LIABILITY AND RESPONSIBILITY UNDER THIS AGREEMENT FOR BREACH OF WARRANTY RELATING TO MEDIA IS THE REPLACEMENT OF DEFECTIVE MEDIA RETURNED WITHIN 90 DAYS OF THE DELIVERY DATE. THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. WARRANTY CALIMS MUST BE MADE WITHIN THE APPLICABLE WARRANY PERIOD.
Limitation of Liability
IN NO EVENT SHALL AB SCIEX OR ITS AGENTS, CONSULTANTS, CONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR DOCUMENTATION, EVEN IF AB SCIEX IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF AB SCIEX AND ITS AGENTS, CONSULTANTS, CONTRACTORS AND SUPPLIERS UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE, SHALL NOT EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE LICENSE OR LICENSES TO THE SOFTWARE.
SOME STATES, COUNTRIES OR JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.
This Agreement shall be governed by laws of the Commonwealth of Massachusetts, U.S.A., exclusive of its conflict of laws provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect. The controlling language of this Agreement, and any proceedings relating to this Agreement, shall be English. You agree to bear any and all costs of translation, if necessary. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. All questions concerning this Agreement shall be directed to: AB Sciex, 500 Old Connecticut Path, Framingham MA U.S.A., Attention: Legal Department.
Unpublished rights reserved under the copyright laws of the United States.
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For Research Use Only. Not for use in diagnostic procedures. The trademarks mentioned herein are the property of AB Sciex Pte. Ltd. or their respective owners. AB SCIEX™ is being used under license.
© 2013 AB SCIEX
DISTRIBUTABLE COMPONENTS OF THE SOFTWARE
END-USER LICENSE TERMS FOR AGILENT MHDAC
AGILENT TECHNOLOGIES, INC. SOFTWARE LICENSE TERMS FOR THE MASSHUNTER DATA ACCESS COMPONENT RUNTIME VERSION
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THESE LICENSE TERMS, THEN (A) DO NOT INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
AGILENT SOFTWARE LICENSE TERMS
Software. “Software” means the Masshunter Data Access Component Runtime computer program in object code format.
License Grant. Agilent grants you a non-exclusive, non-transferable license to (a) use one copy of the Software for internal purposes in accordance with these License Terms and the documentation provided with the Software or (b) to distribute the Software for non-commercial purposes only and only bundled as part of, and for the sole purpose of running, products supplied by you. This Software is licensed for internal concurrent or network use of an unlimited number of copies, provided access to this Software and any copies is restricted to your employees, contractors and other personnel that are working in a capacity that is under your control and on your behalf. If you distribute for non-commercial purposes only as permitted by this license, you must ensure that a copy of this license is distributed with the Software and that the recipient of the Software agrees to the terms of this license as a condition of execution of this Software.
License Restrictions. You may make copies or adaptations of the Software only for archival purposes or only when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all permitted copies or adaptations. You may not offer or provide unrestricted access to this Software on any public or distributed network.
Upgrades. This license does not entitle you to receive upgrades, updates or technical support. Such services may be purchased separately.
Ownership. The Software and all copies thereof are owned and copyrighted by Agilent. Agilent retains all right, title and interest in the Software. Agilent and its third party suppliers may protect their rights in the Software in the event of any violation of these License Terms.
No Disassembly. You may not disassemble, decompile or otherwise modify the Software without written authorization from Agilent, except as permitted by law. Upon request, you will provide Agilent with reasonably detailed information regarding any permitted disassembly, decompilation or modification.
High Risk Activities. The Software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance or direct operation of a nuclear facility, nor for use in on line control or fail safe operation of aircraft navigation, control or communication systems, weapon systems or direct life support systems.
Termination. Agilent may terminate your license upon notice for breach of these License Terms. Upon termination, you must immediately destroy all copies of the Software.
No Warranty. THIS SOFTWARE IS LICENSED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL AGILENT BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF AGILENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Agilent's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Software. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
Export Requirements. If you export, re-export or import Software, technology or technical data licensed hereunder, you assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. Agilent may terminate this license immediately if you are in violation of any applicable laws or regulations.
U.S. Government Restricted Rights. Software and technical data rights granted to the federal government include only those rights customarily provided to end user customers. Agilent provides this customary commercial license in Software and technical data pursuant to FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for the Department of Defense, DFARS 252.227-7015 (Technical Data – Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).
SOFTWARE LICENSE AGREEMENT for CompassXtract and CompassXtract Libraries
Bruker Daltonik GmbH (hereinafter referred to as "Licensor") has developed the CompassXtract software program (hereinafter referred to as "CompassXtract"), which consists of documentation and individual CompassXtract libraries (hereinafter referred to as "CompassXtract Libraries"). These license terms constitute an agreement (hereinafter referred to as "Agreement") between you and Licensor and shall be the legal basis for any non-commercial usage of Licensor's CompassXtract. These license terms also apply to any updates or supplements for CompassXtract or separable parts of CompassXtract such as CompassXtract Libraries, unless other terms accompany those items, in which case those terms apply. You may only use CompassXtract as a whole, if you have downloaded it from Licensor's Webserver at http://www.bdal.de/compassxtract and accepted this Agreement as binding between Licensor and you. However, certain individual CompassXtract Libraries might be conveyed to you by others. In both cases, you may only legally use CompassXtract or any of the CompassXtract Libraries conveyed to you after having accepted this Agreement as binding between Licensor and you.
1. Purpose of CompassXtract and License
CompassXtract is provided as it is, in a trial and development stage, not yet marketable and without any warranties regarding fitness for any purpose whatsoever. It may contain errors and defects. The aim and purpose of providing it free of charge and under the terms of this Agreement is to discover such errors and defects. It is, inter alia but not limited to, not designed, manufactured or intended for any use requiring fail-safe performance in which the failure of CompassXtract could lead to death, personal injury or physical and environmental damage, such as the operation of medical facilities. Nor is it, inter alia but not limited to, designed to perform any queries or operations which might require reliable results and/or which might be the basis for business and/or medical decisions. You agree not to use CompassXtract in connection with any such activities.
2. Rights Granted
You may install and use CompassXtract on any of your computing devices.
3. Use Restrictions
3.1 You may not decompile, disassemble, reverse engineer or modify CompassXtract.
3.2 You may not distribute CompassXtract to others, breach of which terminates the rights granted under this agreement. This also applies to any integration or implementation of CompassXtract to software developed by you or by others on your behalf (hereinafter referred to as "Own Software") or any distribution of which CompassXtract is part of. However, you may distribute Own Software which requires the usage of or links to CompassXtract Libraries if you comply with the requirements set down in Section 4 of this Agreement.
4. Requirements for Distribution of your own Software using CompassXtract Libraries
You may only distribute CompassXtract Libraries to others if all of the following conditions are met: 4.1 You distribute CompassXtract Libraries as part of Own Software which you license to third parties
(hereinafter "Your Licensees"); 4.2 Your Own Software requires all the CompassXtract Libraries distributed by you in order to function
properly when used by Your Licensees;
4.3 You provide to Your Licensee a URL to Licensor's Webserver at http://www.bdal.de/compassxtract and require Your Licensees, as condition for being granted the right to use your Own Software, to acquire the usage rights for CompassXtract directly from Licensor by agreeing to the terms of this Agreement, which you distribute in unmodified form with your Own Software.
4.4 In your Own Software's "About" box the following text is displayed: "This software uses CompassXtract software. Copyright � 2011 by Bruker Daltonik GmbH. All rights reserved."
5. Restrictions for Distribution of your own Products
5.1 You may not use the Licensor's trademarks in a way that suggests your software components and/or programs are provided by or are endorsed by the Licensor.
5.2 You may not commercially exploit CompassXtract, CompassXtract Libraries or products that require the usage of or link to CompassXtract or CompassXtract Libraries. Commercial exploitation includes, but is not limited to, charging a purchase price, license fee, maintenance fee, or subscription fee.
5.3 Your rights to CompassXtract do not include any license, right, power or authority to subject CompassXtract in whole or in part to any of the terms of an Excluded License. "Excluded License" means any license that requires as a condition of use, modification and/or distribution of software that such software or other software combined and/or distributed with such software shall be (a) disclosed or distributed in source code form; or (b) licensed for the purpose of making derivative works. Without limiting the foregoing obligation, you are specifically prohibited from distributing CompassXtract or CompassXtract Libraries with any software that is subject to the General Public License (GPL) or similar license in a manner that would create a combined work.
6.1 As Licensor delivers the software for free, Licensor is not liable for any kind of damage, direct or indirect, which may arise due to simple negligence (Section 521 German Civil Code). In the event, that there should be – for whatever reason – a statutory liability of Licensor for simple negliegence, the aforementioned exclusion of liability applies nevertheless, but with the exception of damages to life, body or health.
6.2 You indemnify, defend and hold harmless the Licensor from any liability claims, including attorney fees, of third parties in connection with your usage of CompassXtract as well as the distribution of your Own Software which requires usage of or links to CompassXtract Libraries and other circumstances for which you are responsible.
7. Additional Terms Applicable to CompassXtract
7.1 CompassXtract is licensed, not sold. This License only gives you some rights to use CompassXtract and the CompassXtract Libraries; the Licensor reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use CompassXtract and the CompassXtract Libraries only as expressly permitted in this License.
7.2 Licensor has no obligation to fix, update, supplement or support CompassXtract and/or the CompassXtract Libraries.
7.3 Your rights under this License terminate automatically if you breach this License in any way. Termination of this License will not affect any of your obligations or liabilities arising prior to termination. The following sections of this License shall survive termination: 3.1, 3.2, 5.1, 5.2, 5.3, 6.1., 6.2.
7.4 No subsidiary agreements of this Agreement have been made. Supplements and amendments to this Agreement must be made in writing as prescribed by law in order to be valid. The requirement of written form under this Agreement may be waived in writing only.
7.5 This Agreement is governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this does not apply if legal provisions, in particular consumer protection legislation, conflict with this choice. The courts of Bremen shall have exclusive jurisdiction. If you are not a merchant, a legal entity under public law or a public-law special fund in the sense Section 38 of the German Code of Civil Procedure (ZPO), the agreement on the place of jurisdiction is replaced by the legal provisions.
7.6 If individual provisions of this Agreement are or become invalid or contain a gap which needs to be filled, the validity of the remaining provisions of the Agreement will not be affected thereby. The Parties hereby undertake to substitute the invalid or lacking provision with a valid provision which comes closest to the documented intentions of the Parties.
SHIMADZU SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
Shimadzu Corporation ("Shimadzu") is willing to license the Shimadzu software provided herein, together with accompanying documentation to you only upon the condition that you accept all of the terms and condition contained in this Agreement. By using the Shimadzu software, you agree to be bound by the terms of this Agreement. If you do not agree to all these terms of this Agreement, promptly return the unused Shimadzu software to the party (either Shimadzu or its distributor).
"SOFTWARE" means Shimadzu's file
converter software ("SFCS") provided by Shimadzu.
(Comprised of one DataReader.dll containing the class Shimadzu.LabSolutions.DataReader)
Shimadzu grants you a non-exclusive and non-transferable license to use the SOFTWARE subject to the following terms and conditions. You may install and use the SOFTWARE on any of your computing devices.
3. LIMITATION OF USE.
You may: i) use the SOFTWARE for your own internal use; and ii) conduct developments to incorporate the SOFTWARE into your own derivative work that incorporates software under the brand name "ProteoWizard" provided by ProteoWizard Software Foundation ("PW Software") and is distributed without commercially exploiting the SOFTWARE. Commercial exploitation includes but is not limited to, charging a purchase price, license fee, maintenance fee, or subscription fee. If you distribute without commercially exploiting the SOFTWARE only as permitted by this license, you must ensure that a copy of this license is distributed with your derivative work, and that the recipient of your derivative work agrees to the terms of this license as a condition of executing your program.
Except as specifically authorized by Shimadzu, you may NOT:
a. modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise reduce the SOFTWARE to a human-perceivable form, or create derivative works of the SOFTWARE, or any part thereof .
b. distribute, rent, lease, sub-license or grant any rights in or to the SOFTWARE in any form to anyone else.
4. TITLE AND OWNERSHIP.
The license granted hereunder is not for sale and it may not be assigned or sublicensed to anyone else. Title and all associated intellectual property rights to the SOFTWARE shall remain in Shimadzu.
5. COPYRIGHT NOTICE
When you conduct developments to incorporate the SOFTWARE into the PW Software for your own internal use, you shall include Shimadzu copyright notices on any copies of the SOFTWARE to display the following text in your software's "About" box: "Shimadzu's file converter software. Copyright ©2014 by Shimadzu Corporation. All rights reserved".
You shall not use Shimadzu's trademarks in a way to suggest that your software, components, and-or programs are provided by or are endorsed by Shimadzu.
The Shimadzu has no obligation to upgrade the SOFTWARE. An upgrade means certain supplemental program modules and/or information for bug fixing and/or updates to the defects and/or failures of the SOFTWARE that are acknowledged or confirmed by Shimadzu.
7. LIMITED WARRANTY.
The SOFTWARE will be made available to you in "as-is" condition and Shimadzu will not make any warranty whatsoever with respect to the SOFTWARE. EXCEPT AS EXPRESSLY SET FORTH IN THIS ARTICLE, SHIMADZU DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SFCS.
8. LIMITATION OF LIABILITY.
IN NO EVENT WILL SHIMADZU BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SHIMADZU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SHIMADZU'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR SOFTWARE. THIS LIMITATION APPLIES TO ANYTHING RELATED TO THE SOFTWARE, SERVICES, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, OR THIRD PARTY PROGRAMS, AND CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the SOFTWARE including any documentation. This Agreement will terminate immediately without notice from Shimadzu if you fail to comply with any provision of this License. Upon termination, you must destroy all copies of the SOFTWARE.
a. This Agreement is the entire agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.
b. This Agreement shall be construed and governed in accordance with the laws of Japan, excluding its conflict of law rules.
c. The exclusive jurisdiction for any disputes arising out of or in connection with this Agreement shall be Kyoto District Court of Japan.
d. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
e. The SOFTWARE is licensed, not sold. This License only gives you some rights to use the SOFTWARE; the Shimadzu reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the SOFTWARE only as expressly permitted in this License.
Analytical & Measuring Instruments Division, Shimadzu Corporation
1 Nishinokyo-Kuwabaracho, Nakagyo-ku, Kyoto 604-8511, Japan
SOFTWARE LICENSE AGREEMENT ("License") FOR MSFileReader
These License terms are an agreement between you and Thermo Finnigan LLC ("Licensor"). They apply to Licensor's MSFileReader software program ("Software"), which includes documentation and any media on which you received it. These terms also apply to any updates or supplements for this Software, unless other terms accompany those items, in which case those terms apply. If you use this Software, you accept this License. If you do not accept this License, you are prohibited from using this software. If you comply with these License terms, you have the rights set forth below.
1. Rights Granted:
1.1. You may install and use this Software on any of your computing devices.
1.2. You may distribute this Software to others, but only in combination with other software components and/or programs that you provide and subject to the distribution requirements and restrictions below.
2. Use Restrictions:
2.1. You may not decompile, disassemble, reverse engineer, use reflection or modify this Software.
3. Distribution Requirements:
If you distribute this Software to others, you agree to:
3.1. Indemnify, defend and hold harmless the Licensor from any claims, including attorneys' fees, related to the distribution or use of this Software;
3.2. Display the following text in your software's "About" box: "MSFileReader file reading tool. Copyright © 2009 - 2014 by Thermo Fisher Scientific, Inc. All rights reserved.";
3.3. Require your end users to agree to a license agreement that prohibits them from redistributing this Software to others.
4. Distribution Restrictions:
4.1. You may not use the Licensor's trademarks in a way that suggests your software components and/or programs are provided by or are endorsed by the Licensor; and
4.2. You may not commercially exploit this Software or products that incorporate this Software without the prior written consent of Licensor. Commercial exploitation includes, but is not limited to, charging a purchase price, license fee, maintenance fee, or subscription fee; or licensing, transferring or redistributing the Software in exchange for consideration of any kind.
4.3. Your rights to this Software do not include any license, right, power or authority to subject this Software in whole or in part to any of the terms of an Excluded License. "Excluded License" means any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; or (b) licensed for the purpose of making derivative works. Without limiting the foregoing obligation, you are specifically prohibited from distributing this Software with any software that is subject to the General Public License (GPL) or similar license in a manner that would create a combined work.
5. Additional Terms Applicable to Software:
5.1. This Software is licensed, not sold. This License only gives you some rights to use this Software; the Licensor reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use this Software only as expressly permitted in this License.
5.2. Licensor has no obligation to fix, update, supplement or support this Software.
5.3. This Software is not designed, manufactured or intended for any use requiring fail-safe performance in which the failure of this Software could lead to death, serious personal injury or severe physical and environmental damage ("High Risk Activities"), such as the operation of aircraft, medical or nuclear facilities. You agree not to use, or license the use of, this Software in connection with any High Risk Activities.
5.4. Your rights under this License terminate automatically if you breach this License in any way. Termination of this License will not affect any of your obligations or liabilities arising prior to termination. The following sections of this License shall survive termination: 2.1, 3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 5.1, 5.2, 5.3, 5.5, 5.6, 5.7, 5.8, and 5.9.
5.5. This Software is subject to United States export laws and regulations. You agree to comply with all domestic and international export laws and regulations that apply to this Software. These laws include restrictions on destinations, end users and end use.
5.6. This License shall be construed and controlled by the laws of the State of California, U.S.A., without regard to conflicts of law. You consent to the jurisdiction of the state and federal courts situated in the State of California in any action arising under this License. The application of the U.N. Convention on Contracts for the International Sale of Goods to this License is hereby expressly excluded. If any provision of this License shall be deemed unenforceable or contrary to law, the rest of this License shall remain in full effect and interpreted in an enforceable manner that most nearly captures the intent of the original language.
5.7. THIS SOFTWARE IS LICENSED "AS IS". YOU BEAR ALL RISKS OF USING IT. LICENSOR GIVES NO AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS LICENSE CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, LICENSOR EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5.8. LICENSOR'S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES ARISING UNDER THIS LICENSE IS LIMITED TO U.S. $1.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, EVEN IF LICENSOR IS EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF OR IS NEGLIGENT. THIS LIMITATION APPLIES TO ANYTHING RELATED TO THIS SOFTWARE, SERVICES, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, OR THIRD PARTY PROGRAMS, AND CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
5.9. Use, duplication or disclosure of this Software by the U.S. Government is subject to the restricted rights applicable to commercial computer software (under FAR 52.227019 and DFARS 252.227-7013 or parallel regulations). The manufacturer for this purpose is Thermo Finnigan LLC, 355 River Oaks Parkway, San Jose, California 95134, U.S.A.
END-USER SOFTWARE LICENSE TERMS FOR WATERS WRDAC SOFTWARE
Waters grants you a nonexclusive and terminable license to (i) use the software to perform internal information and data processing in connection with Waters and other non-Waters instrumentation products for non-commercial purposes only and (ii) distribute the software as part of the ProteoWizard Software version 2.1 for non-commercial purposes only. You may not incorporate the software into a commercial application nor charge any fee for the software. The software is protected by the copyright laws of the United States and international treaties. You may not distribute, assign, rent, sublicense, “timeshare,” or transfer the software. You may not publish the results of any benchmark tests on the software. Any use of the software other than as expressly permitted by the license grant is prohibited. Title and full ownership rights to the software remain with Waters and with the manufacturers of any third-party software included with the software. The software contains trade secrets of Waters and any third-party manufacturers and in order to protect them, you may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise reduce the software to a human-perceivable form, or create derivative works of the software. You agree upon termination to discontinue the use of the software and to destroy, or return to Waters, the software.
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE WRDAC, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. Waters shall not be liable for any direct, indirect, special, consequential or punitive damages of any kind arising out of or in connection with the software. In the event that the foregoing disclaimers are not effective under applicable law, Waters’ total liability under this Agreement shall not exceed the normal commercial value of the software provided hereunder. The parties acknowledge that such limited liability is a reasonable allocation of the risks.
You agree to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to ensure that the software is (a) not exported directly or indirectly in violation of Export Laws and (b) not intended to be used for any purposes prohibited by the Export Laws. If you are a branch of the United States government, you shall have "restricted rights" to use, duplicate, or disclose the software as set forth in subdivision (c)(1)(ii) of Rights in Technical Data and Computer Software Federal Acquisition Regulations Supplement (DFARS) 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227_19.