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
3. Transfer, assign or sublicense the Software or Documentation without the prior written
approval of Thermo; provided, however, that Customer may transfer the Software, upon
written notification to Thermo, to an affiliate or successor in interest of Customer for
such affiliate’s or successor’s use in accordance with the terms and conditions of this
Agreement.
E. LIMITATION OF WARRANTIES AND LIABILITY
1. The Software provided under this Agreement is a tool. Its successful use and operation is
dependent on the skill of the operator, and it is not a substitute for skilled human
judgment. It is possible to obtain erroneous results by giving inappropriate instructions to
the Software.
2. THERMO AND ITS INFORMATION PARTNERS PROVIDE THE SOFTWARE
AND DOCUMENTATION TO CUSTOMER ON AN “AS IS” BASIS AND MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT
TO THE SOFTWARE AND DOCUMENTATION, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. THERMO DISCLAIMS
ALL WARRANTIES WITH RESPECT TO THIRD-PARTY PRODUCTS,
INCLUDING SOFTWARE PROVIDED BY INFORMATION PARTNERS.
3. THERMO AND INFORMATION PARTNERS ASSUME NO RESPONSIBILITY
FOR THE USE OF THE SOFTWARE AND DOCUMENTATION BY THE
CUSTOMER OR ANY OTHER PARTY, AND THERMO AND INFORMATION
PARTNERS SHALL NOT BE LIABLE FOR LOSS OF PROFITS, USE, BUSINESS,
REVENUES, DATA, INFORMATION OR GOODWILL OR FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES AS A
RESULT OF SUCH USE, EVEN IF THERMO AND/OR INFORMATION
PARTNERS ARE EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF
OR ARE NEGLIGENT. Thermo cannot and does not guarantee or warrant that the
Software or files available for downloading through any Thermo download Web Site are
or will be free of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. Customer is responsible for implementing
sufficient procedures and checkpoints to satisfy its particular requirements for accuracy of
data input and output, and for maintaining a means external to the Site for the
reconstruction of any lost data. It is solely Customer’s responsibility to evaluate the
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