END-USER LICENSE TERMS AGILENT TECHNOLOGIES, INC. SOFTWARE LICENSE TERMS FOR THE MASSHUNTER DATA ACCESS COMPONENT RUNTIME VERSION 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 the Masshunter Data Access Component Runtime computer program in object code format. License Grant. Agilent grants you a non-exclusive, non-transferable license to (a) use one copy of the Software for internal purposes in accordance with these License Terms and the documentation provided with the Software or (b) to distribute the Software for non-commercial purposes only. 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. If you distribute for non-commercial purposes only as permitted by this license, you must ensure that a copy of this license is distributed with the Software and that the recipient of the Software agrees to the terms of this license as a condition of execution of this Software. 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. Agilent retains all right, title and interest in the Software. Agilent and its 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, decompile 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, decompilation 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. 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. No Warranty. THIS SOFTWARE IS LICENSED 'AS IS' AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL AGILENT BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF AGILENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Agilent's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Software. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 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).