SCIEX PTE. LTD.
END USER BETA SOFTWARE LICENSE AGREEMENT
and
REDISTRIBUTION LICENSE
WIFF Reader Distributable Beta SDK


NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY.  THIS IS THE CONTRACT BETWEEN YOU AND SCIEX REGARDING THIS SOFTWARE PRODUCT.  THIS AGREEMENT INCLUDES LICENSE TERMS AND RESTRICTIONS, WARRANTY AND LIABILITY DISCLAIMERS, AND LIMITATIONS.

YOUR INSTALLATION AND USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT.

This  End User Software License Agreement (EULA) and Redistribution License accompanies SCIEX’s 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 SCIEX.  The term “SCIEX” as used in this License, means AB SCIEX Pte. Ltd. and its subsidiaries and affiliates.  The term “License” or “Agreement” means this EULA and 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 SCIEX installation package.

TITLE
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LICENSE
Use of the Software
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Use Restrictions
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Distribution of the Distributable Components (DCs)
1.  Distributable Components. The software contains Distributable Components that you are permitted
     to distribute in separate programs you developed if you comply with the terms below.

2.  Right to Use and Distribute. The code and text files listed in Appendix A are “Distributable
     Components”.

3.  Third Party Distribution. You may permit distributors of your programs to copy and distribute the
Distributable Components as part of those 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;
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(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.

Trial
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Software Improvements
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Termination
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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).

Regulated Uses
You acknowledge that the Software has not been cleared, approved, registered or otherwise qualified (collectively, “Approval”) by 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
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LIMITATION OF LIABILITY
IN NO EVENT SHALL 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 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 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.

GENERAL
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: SCIEX, 500 Old Connecticut Path, Framingham MA U.S.A., Attention: Legal Department.



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.  SCIEX™ is being used under license.
© 2022 SCIEX

APPENDIX A
REDISTRIBUTABLE COMPONENTS OF THE SOFTWARE

Clearcore2.Compression.dll
Clearcore2.Data.Acquisition.Client.dll
Clearcore2.Data.Acquisition.Contracts.dll
Clearcore2.Data.AnalystDataProvider.dll
Clearcore2.Data.Client.dll
Clearcore2.Data.Common.dll
Clearcore2.Data.CommonInterfaces.dll
Clearcore2.Data.Contracts.dll
Clearcore2.Data.Core.dll
Clearcore2.Data.dll
Clearcore2.Data.Wiff2.dll
Clearcore2.Data.WiffReader.dll
Clearcore2.DataService.dll
Clearcore2.Devices.Types.dll
Clearcore2.Domain.Acquisition.dll
Clearcore2.Domain.Acquisition.Methods.MassSpec.dll
Clearcore2.Infrastructure.dll
Clearcore2.InternalRawXYProcessing.dll
Clearcore2.Muni.dll
Clearcore2.ProjectUtilities.dll
Clearcore2.RawXYProcessing.dll
Clearcore2.StructuredStorage.dll
Clearcore2.UserLog.Types.dll
Clearcore2.Utility.dll
Clearcore2.XmlHelpers.dll
Sciex.Clearcore.FMan.dll
Sciex.Data.Processing.dll
Sciex.Data.SimpleTypes.dll
Sciex.Data.XYData.dll
Sciex.FMan.dll
Sciex.Wiff.dll
SciexToolKit.dll
