Waters MassLynxSDK End User License Agreement

WARNING: Waters owns the copyright to the software.  It is unlawful to load this software onto a computer without our license.  We are willing to license the software to you only on the condition that you accept all of the terms contained in this End User License Agreement. Please read this End User License Agreement carefully before installing the software.  If you do not agree to these terms and conditions, we are unwilling to license the software to you.  

End User is granted a non-exclusive, non-transferable and non-sublicensable, fully paid-up, royalty free, and terminable license to use the software to perform internal data processing in connection with liquid chromatography and mass spectrometry data produced with Waters’ instrumentation for non-commercial and commercial purposes.   This license is personal to you (either an individual or single corporate entity) as the purchaser of a license and your use of the software and the license granted herein is for your benefit only.  As a licensee of the software, you may load the software onto and use it on a single computer which is under your control and have one (1) copy of the software for backup and archival purposes only. If you wish to transfer the software from one computer to another, you must erase the software from the first hard drive before you install it onto a second hard drive. The software is protected by the copyright laws of the United States and international treaties.  You shall not distribute, assign, rent, sublicense, lease, “timeshare,” or transfer the software. You shall not publish the results of any benchmark tests on the software. Any use of the software other than as expressly permitted by the license grant is strictly prohibited.  Title and full ownership rights to the software remain with Waters and with the manufacturers of any third-party software included with the software. The software contains trade secrets of Waters and any third-party manufacturers and in order to protect them, you shall not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise reduce the software to a human-perceivable form, or create derivative works of the software.  You agree upon termination to discontinue your use of the software and to destroy, or return to Waters, the software.

THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.  IN ADDITION, WATERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT.  In the event that the foregoing disclaimers are not effective under applicable law, Waters’ total liability under this Agreement shall not exceed the normal commercial value of the software provided hereunder.  The parties acknowledge that such limited liability is a reasonable allocation of the risks.  

You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to ensure that the software is (a) not exported directly or indirectly in violation of Export Laws and (b) not intended to be used for any purposes prohibited by the Export Laws. If you are a branch of the United States government, you shall have “restricted rights” to use, duplicate, or disclose the software as set forth in the Rights in Technical Data and Computer Software Federal Acquisition Regulations Supplement (DFARS).
