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.
ADDENDUM TO COMMON PUBLIC LICENSE
This version of the software is released under the Common Public License 1.0. However, it also depends 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
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
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
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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.
Title, ownership rights and intellectual property rights in and to the Software and Documentation shall at all times remain with AB Sciex and its subsidiaries, and their suppliers. All rights not specifically granted by this License, including Federal and international copyrights, are reserved by AB Sciex or their respective owners.
The Software, including its structure, organization, code, user interface and associated Documentation, is a proprietary product of AB Sciex or its suppliers, and is protected by international laws of copyright. The law provides for civil and criminal penalties for anyone in violation of the laws of copyright.
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.
3. From time to time, AB Sciex may change the terms of this Agreement. AB Sciex will notify you of such change. Your continued use of the Software will indicate your agreement to the change.
1. You may not use the Software, Documentation, or any associated documentation, in whole or in part, except as expressly permitted in this Agreement.
2. You may not sublicense, copy, merge, modify, sell, resell, rent, lease, assign, transfer (except temporarily in the event of a computer malfunction or as expressly permitted under the Section “Use of the Software”), or distribute this license or the Software, or create derivative works based on the Software (except as outlined in the Distribution Rights below), or any part thereof or any interest therein.
3. You may not reverse assemble, decompile, modify, create any derivative works, or otherwise attempt, cause, or permit any reverse engineering of the Software or any part thereof.
4. You acknowledge that the Software in human-readable (source code) form, including its structure, sequence, and organization, is and remains the confidential trade secret of AB Sciex. You agree that you shall not attempt, cause or permit the reverse engineering, modification, decompiliation, disassembly of the Software to any human readable or perceivable form, or creation of any derivative works based on the Software or any part thereof except as expressly permitted under the Section “Use of the Software”.
5. You may not remove any proprietary, copyright, trade secret or warning legend from the Software or any Documentation and you acknowledge that the Software in human-readable (source code) form, including its structure, sequence, and organization, is and remains the confidential trade secret of AB Sciex.
6. You agree to comply fully with all export laws and restrictions and regulations of the United States or applicable foreign agencies or authorities. You agree that you will not export or reexport, directly or indirectly, the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder or other applicable United States law.
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
Components”. All other code and text files of the Software are not distributable.
3. Third Party Distribution. You may not permit distributors of your programs or end users of your
programs to copy and distribute the Distributable Components as part of those or their programs.
4. Distribution Requirements, General. For any Distributable Component you distribute, you must:
(a) embed the license key in your program such that it is obscured from end users seeing it. In the event that your program is open source, this license key must not be part of the open source;
(b) add significant primary functionality to it in your programs;
(c) for any Distributable Component having a filename extension of .lib, distribute only the results of running such Distributable Component through a linker with your program;
(d) distribute Distributable Components included in a setup program only as part of that setup program without modification;
(e) require distributors and external end users to agree to terms that protect it at least as much as this EULA; and
(f) display your valid copyright notice on your programs.
5. Distribution Requirement, Indemnification. For any Distributable Component you distribute, you must and you hereby agree to: indemnify, defend, and hold harmless AB Sciex from any and all claims and costs, including attorneys’ fees, related to the distribution or use of your programs.
6. Distribution Restrictions. You may not:
(a) alter any copyright, trademark or patent notice in the Distributable Component;
(b) use AB Sciex or AB Sciex’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by AB Sciex;
(c) include Distributable Components in malicious, deceptive or unlawful programs; or
(d) modify or distribute the source code of any Distributable Component so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that (i) the code be disclosed or distributed in source code form; and/or (ii) others have the right to modify it.
If this license is granted on a trial basis, you are hereby notified that license management software may be included to automatically cause the Software to cease functioning at the end of the trial period.
You may terminate this Agreement by discontinuing use of the Software, removing all copies from your computers and storage media, and returning the Software and Documentation, and all copies thereof, to AB Sciex. AB Sciex may terminate this Agreement if you fail to comply with all of its terms, in which case you agree to discontinue using the Software, remove all copies from your computers and storage media, and return the Software and Documentation, and all copies thereof, to AB Sciex.
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.
AB Sciex LLC, 500 Old Connecticut Path, Framingham, MA 01701 U.S.A.
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.