mzML Viewer

INSILICOS, LLC

Insilicos Viewer Software End-User License Agreement

Please read this agreement carefully. BY CLICKING THE "ACCEPT" OR "YES" BUTTON, OR BY INSTALLING, DOWNLOADING, OR USING THE SOFTWARE, OR BY OPENING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH INSILICOS, LLC. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE, INSTALL OR DOWNLOAD THE SOFTWARE (AND IF APPLICABLE, DO NOT OPEN THE PACKAGE AND RETURN IT TO INSILICOS). INSILICOS WILL NOT GRANT YOU A LICENSE TO INSTALL AND USE THE SOFTWARE OR ACCEPT ANY ORDER FOR THE SOFTWARE UNLESS YOU AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES, PROTECT THIS SOFTWARE.

Grant of License. You are receiving a non-transferable and non-exclusive license (without right to sublicense) to: (i) use Insilicos Viewer in object code form and associated documentation (collectively the "Software") at your workplace or research or educational institution, at a single facility or premise, in accordance with the terms and conditions of this Agreement and (ii) reproduce one copy of the Software as reasonably needed for backup or archival purposes. You may distribute copies of the Software within your organization, so long as you distribute only a complete copy of the Software, containing the entire electronic contents of the Software package. Furthermore, Insilicos requests that all individual users register with Insilicos as provided for in the product documentation or at www.insilicos.com.

Intellectual Property Protection. The Software and all intellectual property rights relating to the Software, including code, operation, architecture, implementation, and look and feel remain at all times the exclusive property of Insilicos and its licensors, if any. You are not receiving any right, title, or interest in the Software, except to the extent of the license expressly granted by this Agreement. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works or emulators of the Software, except to the extent applicable law expressly permits such activity. Decompiling or disassembling the Software may also violate the Software’s copyright. You may not delete or alter any copyright, trademark, or other proprietary rights notices of Insilicos and any licensors appearing on the Software, all of which must be reproduced on all copies made of the Software. Except as expressly permitted in this Agreement, you may not distribute the Software in any form to any third party, and you may not sublicense, rent, lease, sell, transfer, or grant any rights for the Software in any form to any third party without the express written consent of Insilicos. If you violate these terms, Insilicos has the right to seek injunctive or other equitable relief.

Term and Termination. Insilicos reserves the right to cancel or terminate this Agreement at any time, including but not limited to when Insilicos releases a new version of the Software. When you receive notice of termination, your right to use the Software will immediately cease. You agree that, upon notice of termination, you will destroy all copies of the Software and related documentation and purge all copies of the Software from any electronic storage.

Reporting. Please submit to info@Insilicos.com any problems you encounter with installation or Software use, and any suggestions for enhancing the Software. You agree that Insilicos may use all submissions that you furnish, whether orally or in writing, and you grant to Insilicos a perpetual, unrestricted, irrevocable, and royalty-free license to incorporate your comments, suggestions, or other submissions into any Insilicos product or service.

License Fee. There is no license fee for the license granted under this Agreement. Insilicos reserves the right to charge for the Software in the future.

DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS OFFERED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INSILICOS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT INSILICOS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, RERUN TIME, INACCURATE INPUT, USE OF DIGITAL CERTIFICATES OR SIGNATURES, INABILITY TO ACCESS THE INTERNET, TELECOMMUNICATIONS FAILURES, HACKERS, WORK DELAYS OR LOST PROFITS), ARISING OUT OF THIS AGREEMENT OR USE OF THE SOFTWARE OR SERVICES PROVIDED BY INSILICOS, EVEN IF INSILICOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS IF ANY ACTION OR CLAIM IS BASED ON CONTRACT, WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE. In no event will the total liability of Insilicos to you for all damages exceed a total of fifty dollars ($50.00).

Export Compliance and Foreign Reshipment Liability. You agree not to export or reexport, directly or indirectly, the Software or information pertaining thereto to any country to which such export or reexport is restricted or prohibited by the government of the United States of America, or as to which such government or any agency thereof requires an export license or other governmental approval at the time of export or reexport without first obtaining such license or approval.

Government Users. If this license is acquired by the U.S. government or an agency of the U.S. government, you acknowledge that the Software and related materials are "commercial computer software" as that term is defined in 48 CFR 2.212 of the Federal Acquisition Regulations (FAR) and in 48 CFR 227.7202 of the Department of Defense Federal Acquisition Regulations Supplement (DFARS) and its successors.

General Provisions. Washington law governs this Agreement. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Insilicos. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement will be interpreted so as best to reasonably effect the intent of the parties. This Agreement constitutes the entire understanding and agreement of the parties hereto with respect to its subject matter and supersedes any prior and contemporaneous agreements, purchase orders or understandings between the parties. Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived, only by a writing signed by the party or parties to be bound thereby. In any action to enforce or interpret any part of this Agreement, the prevailing party will be entitled to recover, as an element of the costs of the action and any appeal, its reasonable attorney’s fees.