A
End User License Agreements
End-User License Agreement–Apache OpenOffice 4.0.1 and TraceFinder 4.0
Thermo Scientific
TSQ 8000 Evo Preinstallation Requirements Guide
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accuracy, completeness and usefulness of all Software. Thermo does not warrant the
accuracy, currency, and completeness of Software or that the Software is error-free, will
accomplish any particular result or will operate without interruption.
4. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST THERMO OR
INFORMATION PARTNERS ARISING OUT OF THIS AGREEMENT MORE
THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES,
DETERMINED WITHOUT REGARD TO WHEN THE CUSTOMER SHALL
HAVE LEARNED OF THE ALLEGED DEFECT, INJURY, OR LOSS.
5. IN NO EVENT SHALL THE TOTAL LIABILITY OF INFORMATION PARTNERS
AND THERMO EXCEED THE LICENSE FEE PAID BY CUSTOMER FOR THE
SOFTWARE GIVING RISE TO THE CLAIM (WHETHER SUCH LIABILITY
ARISES FROM TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY, BREACH OF CONTRACT OR OTHERWISE).
6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO EVERY CUSTOMER WHERE
APPLICABLE.
F. APPLICABLE LAW
1. This Agreement will be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts without giving effect to the principles of conflict of
laws thereof, and both parties consent to the jurisdiction of the federal and state courts
situated in the Commonwealth of Massachusetts in any action arising under this
Agreement. In the event of any legal proceeding between Thermo and Customer relating
to this Agreement, neither party may claim the right to a trial by jury, and both parties
waive any right to a trial by jury. The application of the U.N. Convention on Contracts
for the International Sale of Goods to this Agreement is hereby expressly excluded.
G. EXPORT COMPLIANCE
1. Customer acknowledges that the Software and Documentation is subject to export
controls of the U.S. Government, which may include those of the Export Administration
Regulations of the U.S. Department of Commerce. Customer agrees to comply with the
Export Administration Regulations and all other applicable laws and regulations relating
to the export, re-export, or import of the Software and Documentation.
H. ENTIRE UNDERSTANDING
1. This Agreement constitutes the entire understanding of the parties with respect to the
subject matter hereof. Without limiting the generality of the foregoing, it is expressly
agreed that the terms of any prior Customer purchase order will be subject to the terms of
this license and that any acceptance of a purchase order by Thermo will be for
acknowledgment purposes only and none of the terms set forth in the purchase order will
be binding upon Thermo. Any representation, promise, warranty, covenant or
