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If you transfer the Software Program, you must transfer a copy of these License Terms, all other
documentation and at least one complete, unaltered copy of the Software Program to the other party.
Unless you have other copies of the Software Program to be used in connection with other
Equipment purchased from Thermo, or one of its divisions, you must, at the same time, either
transfer all your other copies of the Software Program to the transferee of the Equipment or destroy
them. Your license is then terminated. The other party agrees to these terms and conditions by its
first use of the Software Program.
You must reproduce the copyright notices(s) on each copy of the Software Program.
You may not:
1. Use, copy, modify, merge, or transfer copies of the Software Program except as provided in this
license;
2. Reverse engineer, decompile, or disassemble the Software Program; or
3. Sub-license, rent, lease, or assign the Software Program.
Limitation of Remedies
Thermo Fisher Scientific entire liability under this license is the following:
Thermo Fisher Scientific will: (a) replace defective media, or (b) make a warranted Software
Program operate or (c) replace the Software Program with a functionally equivalent Software
Program, as warranted.
For any claim (including breach), in any form, related in any way to this license, Thermo Fisher
Scientifics liability will be for the actual value of the Software Program.
Thermo Fisher Scientific will not be liable for any lost profits, lost savings, any incidental damages,
or other economic consequential damages, even if Thermo, or its authorized supplier, has been
advised of the possibility of such damages. Thermo Fisher Scientific will not be liable for any
damages claimed by you based on any third party claim.
General
Thermo Fisher Scientific may terminate your license if you fail to comply with the terms and
conditions of this license. In such event, you must destroy all your copies of the Software Program.
You are responsible for payment of any taxes, including personal property taxes, resulting from this
license.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act clearly places the burden of compliance on the user of the
equipment and the act is generalized to the extent that determination of compliance is a judgment
decision on the part of the local inspection. Hence, Thermo Fisher Scientific will not be responsible
for meeting the full requirements of OSHA in respect to the equipment supplied or for any penalty
assessed for failure to meet the requirements, in respect to the equipment supplied, of the
Occupational Safety and Health Act, as interpreted by an authorized inspector. Thermo Fisher
Scientific will use their best efforts to remedy such violation at a reasonable cost to the buyer.