A
End User License Agreements
End-User License Agreement–Apache OpenOffice 4.0.1 and TraceFinder 4.0
26
TSQ 8000 Evo Preinstallation Requirements Guide
Thermo Scientific
undertaking not expressly set forth in this license shall not be deemed a part of the
Agreement or otherwise legally effective.
I. SEVERABILITY
1. If a term or condition of this Agreement is held to be invalid or unenforceable, the
remaining terms and conditions of this Agreement will remain in full force and effect.
J. AUDIT
1. Customer grants Thermo the right to audit, during regular business hours, Customer’s
use of the Software and Documentation to ensure compliance with this Agreement.
K. INDEMNIFICATION
1. Customer agrees to indemnify, defend and hold harmless Thermo and Information
Partners from and against any and all claims of third parties arising out of or related to
Customer’s use of the Software, regardless whether such claims were foreseeable by
Thermo or the Information Partners.
L. TERMINATION
1. Thermo may, in addition to its other legal rights and remedies and upon written notice to
Customer, terminate this Agreement in the event Customer breaches any term of this
Agreement or becomes insolvent, files or has filed against it a petition in bankruptcy or
undergoes a reorganization pursuant to a petition in bankruptcy filed with respect to it.
2. Upon termination, Customer will, unless otherwise agreed to in writing by Thermo,
immediately return to Thermo the Software and Documentation, and all copies thereof,
and will erase all electronic storage of copies of the Software.
3. Termination of this Agreement will not affect any obligation or liability of Customer
arising prior to termination, and the following sections shall survive: 2b, 2c, 2d, 2.2, 3
through 9, 10b, 10c, 11 and 12.
M. FORCE MAJEURE
1. Neither Thermo nor Information Partners will be responsible for any delay or failure in
performance resulting from any cause beyond their control.
N. RESTRICTED RIGHTS APPLICABLE TO U.S. GOVERNMENT ONLY
1. Use, duplication or disclosure of any included database, Software or associated materials
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, CA 95134-1908 or the applicable Information Partner.
