A
End User License Agreements
End-User License Agreement–Microsoft Office Professional Plus 2013 and TraceFinder 4.0
Thermo Scientific
TSQ 8000 Evo Preinstallation Requirements Guide
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commence arbitration, submit a Commercial Arbitration Rules Demand for Arbitration
form to the AAA. You may request a telephonic or in-person hearing by following the
AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless
the arbitrator finds good cause to hold an in-person hearing instead. For more
information, see adr.org or call 1-800-778-7879. You agree to commence arbitration only
in your county of residence or in the licensor’s principal place of business. The licensor
agrees to commence arbitration only in your county of residence. The arbitrator may
award the same damages to you individually as a court could. The arbitrator may award
declaratory or injunctive relief only to you individually, and only to the extent required to
satisfy your individual claim.
7. Arbitration Fees and Incentives.
a. Disputes Involving $75,000 or Less. The licensor will promptly reimburse your filing
fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject the licensor’s
last written settlement offer made before the arbitrator was appointed (“last written
offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”),
and the arbitrator awards you more than the last written offer, the licensor will give
you three incentives: (1) pay the greater of the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert
witness fees and costs) that your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration. The arbitrator will determine the
amounts.
b. Disputes Involving More Than $75,000. The AAA rules will govern payment of
filing fees and the AAA’s and arbitrator’s fees and expenses.
c.
Disputes Involving Any Amount. In any arbitration you commence, the licensor will
seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if
the arbitrator finds the arbitration frivolous or brought for an improper purpose. In
any arbitration the licensor commences, it will pay all filing, AAA, and arbitrator’s
fees and expenses. It will not seek its attorney’s fees or expenses from you in any
arbitration. Fees and expenses are not counted in determining how much a dispute
involves.
8. Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any
claim or dispute under this agreement to which Section B applies must be filed within
one year in small claims court (Section B.3) or in arbitration (Section B.4). The one-year
period begins when the claim or dispute first could be filed. If such a claim or dispute is
not filed within one year, it is permanently barred.
9. Severability. If the class action waiver in Section B.5 is found to be illegal or
unenforceable as to all or some parts of a dispute, then Section B (arbitration) will not
apply to those parts. Instead, those parts will be severed and proceed in a court of law,
with the remaining parts proceeding in arbitration. If any other provision of Section B is
found to be illegal or unenforceable, that provision will be severed with the remainder of
Section B remaining in full force and effect.
10. Third-Party Beneficiary. Microsoft Corporation is not a party to this agreement but is a
third-party beneficiary of your and the licensor’s agreement to resolve disputes through
