A
End User License Agreements
End-User License Agreement–Microsoft Office Professional Plus 2013 and TraceFinder 4.0
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TSQ 8000 Evo Preinstallation Requirements Guide
Thermo Scientific
1. Application. This Section B applies to any dispute
EXCEPT IT DOES NOT INCLUDE
A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR,
THE LICENSOR’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL
PROPERTY RIGHTS
. Dispute means any dispute, action, or other controversy between
you and the licensor, or you and Microsoft, concerning the software (including its price)
or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or
any other legal or equitable basis. “Dispute” will be given the broadest possible meaning
allowable under law.
2. Notice of Dispute. In the event of a dispute, you or the licensor must give the other a
Notice of Dispute, which is a written statement of the name, address, and contact
information of the party giving it, the facts giving rise to the dispute, and the relief
requested. Send it by U.S. Mail to the licensor, ATTN: LEGAL DEPARTMENT. The
licensor will send any Notice of Dispute to your U.S. Mail address if available, or
otherwise to your e-mail address. You and the licensor will attempt to resolve any dispute
through informal negotiation within 60 days from the date the Notice of Dispute is sent.
After 60 days, you or the licensor may commence arbitration.
3. Small Claims Court. You may also litigate any dispute in small claims court in your
county of residence or the licensor’s principal place of business, if the dispute meets all
requirements to be heard in the small claims court. You may litigate in small claims court
whether or not you negotiated informally first.
4. BINDING ARBITRATION.
IF YOU AND THE LICENSOR, OR MICROSOFT,
DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN
SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE
WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU
ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY
OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY
.
Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be
final except for a limited right of appeal under the Federal Arbitration Act. Any court
with jurisdiction over the parties may enforce the arbitrator’s award.
5. CLASS ACTION WAIVER.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE
ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN
INDIVIDUAL BASIS. NEITHER YOU, THE LICENSOR, NOR MICROSOFT,
WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, AS A
PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING
IN WHICH ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE
CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED
WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL
PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS
.
6. Arbitration Procedure. Any arbitration will be conducted by the American Arbitration
Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual
and use the software for personal or household use, or if the value of the dispute is
$75,000 or less whether or not you are an individual or how you use the software, the
AAA Supplementary Procedures for Consumer-Related Disputes will also apply. To
