AGILENT TECHNOLOGIES, INC. SOFTWARE LICENSE TERMS FOR THE MASSHUNTER PCDL MANAGER SOFTWARE 

ATTENTION:  USE OF THE SOFTWARE IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW.

IF YOU DO NOT AGREE TO THESE LICENSE TERMS, THEN (A) DO NOT INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.  


AGILENT SOFTWARE LICENSE TERMS

Software.  “Software” means one or more computer programs in object code format, whether stand-alone or bundled with other products, and related documentation.

License Grant.  Agilent grants you a worldwide, 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.  Third party license terms included with such documentation will 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 and all copies thereof are 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 or Modification.  Except as authorized by Agilent in writing or as permitted by law, you may not reverse engineer, reverse compile, or reverse assemble the Software, or modify or translate the Software.  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 and pay any applicable fees to the extent permissible under local laws and notify Agilent of the party to whom the software has been transferred.  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 – Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).

Notices and Warranty Disclaimers

The Software provides hyperlinks to several external web sites, including KEGG databases.  Agilent is not responsible for the availability or content of these external sites, nor does Agilent endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. It is the responsibility of the user to examine the copyright and licensing restrictions of linked pages and to secure all necessary permissions.  You are not permitted to use KEGG pathway data unless you have the appropriate license to do so from Pathway Solutions, Inc. (pws@kegg.org).  See also http://pathway.jp/index.html or http://www.biopax.org for details.