AGILENT TECHNOLOGIES, INC. LICENSE TERMS.

LEGAL NOTICE: PLEASE READ THESE TERMS BEFORE INSTALLING OR OTHERWISE USING THE SOFTWARE. ALL USE OF THE SOFTWARE IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW. "SOFTWARE" MEANS ONE OR MORE COMPUTER PROGRAMS IN EXECUTABLE FORMAT, WHETHER STAND-ALONE OR BUNDLED WITH OTHER PRODUCTS, AND RELATED DOCUMENTATION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE LICENSE TERMS, DO NOT INSTALL THE SOFTWARE, OR DE-INSTALL THE SOFTWARE, AND YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND.

 

AGILENT SOFTWARE LICENSE TERMS

The following License Terms govern your use of the Software unless you have a separate written agreement with Agilent, in which case, that written agreement will control and take precedence.

Software. "Software" means one or more computer programs in executable format, whether stand-alone or bundled with other products, and related documentation.

License Grant. Agilent grants you a non-exclusive license to use one copy of the Software for internal purposes in accordance with these license terms and the documentation provided with the Software. Such documentation may include license terms provided by Agilentís third party suppliers, which will apply to the use of the Software and take precedence over these license terms. In the absence of documentation specifying the applicable license, you may use one copy of the Software on one machine or instrument. If the software is licensed for concurrent or network use, you may not allow more than the maximum number of authorized users to access and use the software concurrently.

License Restrictions. You may make copies or adaptations of the Software only for archival purposes or only when copying or adaptation is an essential step in the authorized use of the Software. You must reproduce all copyright notices in the original Software on all permitted copies or adaptations. You may not copy the Software onto any public or distributed network.

Upgrades. This license does not entitle you to receive upgrades, updates or technical support. Such services may be purchased separately.

Ownership. The Software is owned and copyrighted by Agilent or its third party suppliers. Agilent and its third party suppliers retain all right, title and interest in the Software. Agilent's third party suppliers may protect their rights in the Software in the event of any violation of these License Terms.

No Disassembly. You may not disassemble or otherwise modify the Software without written authorization from Agilent, except as permitted by law. Upon request, you will provide Agilent with reasonably detailed information regarding any permitted disassembly or modification.

High Risk Activities. The Software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance or direct operation of a nuclear facility, nor for use in on line control or fail safe operation of aircraft navigation, control or communication systems, weapon systems or direct life support systems.

Transfer. You may transfer the license granted to you here provided that you deliver all copies of the Software to the transferee along with these License Terms. The transferee must accept these License Terms as a condition to any transfer. Your license to use the Software will terminate upon transfer.

Termination. Agilent may terminate your license upon notice for breach of these License Terms. Upon termination, you must immediately destroy all copies of the Software.

Export Requirements. If you export, re-export or import Software, technology or technical data licensed hereunder, you assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. Agilent may terminate this license immediately if you are in violation of any applicable laws or regulations.

U.S. Government Restricted Rights. Software and technical data rights granted to the federal government include only those rights customarily provided to end user customers. Agilent provides this customary commercial license in Software and technical data pursuant to FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for the Department of Defense, DFARS 252.227-7015 (Technical Data Ė Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).

 

CONFIDENTIALITY TERMS AND CONDITIONS

Customer agrees and acknowledges that the Software constitutes the Confidential Information of Agilent or its third party suppliers and that it will not directly or indirectly use the Software for any other purpose other than the use specifically permitted under Agilentís Software License Terms. Customer agrees to use reasonable efforts to protect the confidentiality of the executable elements of the Software, and in no event to use less than the same degree of care to protect the executable code of the Software as it would employ with respect to its own information of like importance which it does not desire to have published or disseminated. Licensee agrees not to disclose the executable code of the Software to anyone except its employees or agents who are actively and directly using the Software or to employees who have reasonable a need to know such information.