ENViz software license
AGILENT TECHNOLOGIES, INC. SOFTWARE LICENSE AGREEMENT
ATTENTION:
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TO THE AGREEMENT SET FORTH BELOW.
TO DOWNLOAD, STORE,
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IF YOU DO NOT AGREE TO BE
BOUND BY THE SOFTWARE LICENSE AGREEMENT BELOW, YOU SHOULD CLICK ON THE "DO
NOT AGREE" BOX AT THE BOTTOM OF THIS PAGE AND CANCEL THE DOWNLOAD OR
INSTALLATION OF THE SOFTWARE.
Software.
"Software" means one or more computer programs in object code format,
whether stand-alone or bundled with other products, and related
documentation. It does NOT include programs in source code format.
License
Grant. Agilent grants you a non-exclusive license to download one
copy of the Software, and to store or run that copy of the Software for
internal use and purposes in accordance with this Agreement and the
documentation provided with the Software. Such documentation may include
license terms provided by Agilent's third party suppliers, which will apply to
the use of the Software and take precedence over these license terms. In
the absence of documentation specifying the applicable license, you may store
or run one copy of the Software on one machine or instrument. If the
Software is otherwise licensed for concurrent or network use, you may not allow
more than the maximum number of authorized users to access and use the Software
concurrently.
License
Restrictions. You may make copies or adaptations of
the Software for archival purposes or when copying or adaptation is an
essential step in the authorized use of the Software, but for no other purpose.
You must reproduce all copyright notices in the original Software on all
permitted copies or adaptations. You may not copy the Software onto any
public or distributed network.
Upgrades.
This license does not entitle you to receive upgrades, updates or technical
support.
Ownership.
The Software is owned and copyrighted by Agilent or its third party
suppliers. Agilent and its third party suppliers retain all right, title
and interest in the Software. Agilent and its third party suppliers may
protect their respective rights in the Software in the event of any violation
of this Agreement.
No Disassembly. You
may not disassemble 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 or modification.
High Risk
Activities. The Software is not specifically
written, 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.
Transfer.
You may transfer the license granted to you here provided that you deliver all
copies of the Software to the transferee along with this Agreement. The
transferee must accept this Agreement as a condition to any transfer. Your
license to use the Software will terminate upon transfer.
Termination.
Agilent may terminate this license upon notice for breach of this
Agreement. Upon termination, you must immediately destroy all copies of
the Software.
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).
NO
WARRANTY. TO THE EXTENT ALLOWED BY LOCAL LAW, AND EXCEPT TO
THE EXTENT AGILENT HAS PROVIDED A SPECIFIC WRITTEN WARRANTY APPLICABLE TO THIS
PRODUCT, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. AGILENT
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR
PURPOSE. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE
RISK AND COST RESULTING FROM OR RELATING TO THE DEFECT. SOME
JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR CONDITIONS, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT
VARY ACCORDING TO LOCAL LAW.
LIMITATION
OF LIABILITY. TO THE EXTENT ALLOWED BY LOCAL LAW, IN
NO EVENT WILL AGILENT OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE
FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST
PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE,
OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT,
TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN
RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Applicable
Law. Disputes arising in connection with this Agreement will be
governed by the laws of the United States and of the State of New York, without
regard to choice of law provisions. The United Nations Convention for
Contracts for the International Sale of Goods will not apply to this Agreement.
Unenforceability.
To the extent that any provision of this Agreement is determined to be illegal
or unenforceable, the remainder of this Agreement will remain in full force and
effect.
Entire
Agreement. This Agreement constitutes the entire
agreement between you and Agilent, and supersedes any previous communications,
representations or agreements between the parties, whether oral or written,
regarding transactions hereunder except for a specific warranty issued by
Agilent with regard to this product. Your additional or different terms
and conditions will not apply. This Agreement may not be changed except
by an amendment signed by an authorized representative of each party.