SCIEXSOFTWARE TRIAL LICENSE TERMSATTENTION:PLEASE READ THIS DOCUMENT CAREFULLY.
THIS SOFTWARE IS LICENSED AND NOT SOLD. THE USE OF THE SOFTWAREIS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, WHICH INCLUDE
RESTRICTIONS, LIMITATIONS AND WARRANTY AND LIABILITY DISCLAIMERS.
BY INSTALLING OR USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS DOCUMENT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
IF YOU DO NOT AGREE TO THESE TRIAL LICENSE TERMS, THEN (A) DO NOT INSTALL OR USE THESOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OROTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
1. DEFINITIONS.
(a) The term “SCIEX,” as used in this EULA, means AB Sciex Pte. Ltd and its subsidiaries and affiliates.
(b) The term “you” or “Licensee” means the licensee authorized by this EULA to use the Software.
(c) The term “EULA,” means this SCIEX Software Trial License Terms including any and all Appendices(d) The term “Software” means the one or more computer programs in object form that accompany this EULA
including any updates, additions and copies, and related explanatory materials.
(e) The term “Authorized Number” means one unless: (a) otherwise specified in this EULA; or (b) the Software uses
registration codes, in which case the number of licensed copies of Software is controlled by the registration codes.
(f) The term “Trial Period” means a one-time license to be used for 30 days, after which the Licensee may request
an extension or purchase a full license.
2. LICENSE GRANT.
(a) Subject to the terms and conditions of this EULA, SCIEX grants you a 30 day non-exclusive, non-transferrable,
restricted license to use the Software on an Authorized Number of computers (or in an Authorized Number ofnetworks, if your Software is either designated as a network version or is instrument operating software).
(b) You may not make any other copies of the Software.
(C) This license is intended for you to review, demonstrate and evaluate the Software for the Trial Period only. Unlessotherwise expressly stated, it is offered as one (1) license only and the activation of multiple trial licenses for thesame product on a single computer is not permitted without express written consent from SCIEX. At the end of theTrial Period, you may contact SCIEX to request an extension or purchase a license.
3. RESTRICTIONS.
(a) If the Software is instrument operating software, you may use the Software only for the operation of the instrumenton which the Software is installed and you may only use the Software in the manner described in thedocumentation with the instrument in a manner recommended by SCIEX.
(b) You may not sublicense, copy, merge, modify, sell, resell, rent, lease, assign, transfer, or distribute the Software,or create derivative works based on the Software, or any part thereof or any interest therein.
(c) You may not attempt, cause or permit others to reverse assemble, disassemble, decompile, modify, create any
derivative works, or otherwise attempt, cause, or permit any reverse engineering of the Software or any part
thereof, or attempt, cause, or permit any conversion of the Software into any human readable or perceivable form.
(d) You may not remove any proprietary, copyright, trade secret or warning legend from the Software.
4. THIRD PARTY SOFTWARE & RESTRICTIONS. This Software may include software products licensed by thirdparty provider(s) including, but not limited, to those as set forth in Appendix A. In addition, the Software may enable
you to run multiple instances of third-party software and application programs. Such third party's software is provided“As Is” and use of such software shall be governed by the terms and conditions referenced in Appendix A (Third PartyProducts Additional Licensing Terms & Conditions). In the event the third party’s terms and conditions are not provided
in Appendix A, such third party's software is provided “As Is” without warranty of any kind and this EULA shall apply toall such third party software providers and third party software as if they were SCIEX and the Software respectively.

You are responsible for reviewing and complying with any licenses necessary to use any such third-party software.
Such licenses may be included in your SCIEX installation package.
5. OWNERSHIP.
(a) You acknowledge that the Software in human-readable (source code) form, including its structure, sequence,and organization, is and remains the confidential trade secret of SCIEX. The Software, including its structure,organization, code, user interface and associated documentation, is a proprietary product of SCIEX or its
suppliers, and is protected by international laws of copyright. The law provides for civil and criminal penalties
for anyone in violation of the laws of copyright.
(b) Title, ownership rights and intellectual property rights in and to the Software shall at all times remain withSCIEX or their respective owners. All rights not specifically granted by this EULA, including Federal andinternational copyrights, are reserved by SCIEX or their respective owners.
6. TRIAL VERSIONS. You are hereby notified that license management software may be included to automaticallycause the Software to cease functioning at the end of the Trial Period.
7. EXPORT REQUIREMENTS. If you export, re-export or import the 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. You will not export, re-export or import, directly or indirectly, the Software into any
country prohibited by the United States Export Administration Act and the regulations thereunder or other applicable
United States law. SCIEX may terminate this EULA immediately if you are in violation of any applicable laws orregulations.
8. U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101(Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," assuch terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth
herein.
9. EUROPEAN COMMUNITY END USERS. If this Software is used within a country of the European Community,
nothing in this EULA shall be construed as restricting any rights available under the European Community Software
Directive, O.J. Eur. Comm. (No. L. 122) 42 (1991).
10. LIMITED WARRANTY and LIMITATION OF REMEDIES.
(a) SCIEX warrants that for a period of ninety (90) days from the date of shipment to you of the media on which
the Software is stored (“Warranty Period”), (a) such media will be free from defects in materials orworkmanship and (b) the Software will comply substantially with the written specifications for the Software. If
during the Warranty Period, the media on which Software is delivered proves to be defective, SCIEX will
repair or replace such media, at SCIEX’s option. If during the Warranty Period, the Software fails to comply
substantially with its written specifications, SCIEX will repair or replace the Software so that it shall so comply,
or, at SCIEX’s option, refund the fees paid by you for the Software that exhibits such noncompliance. Theforegoing shall be your sole remedy and SCIEX’s sole responsibility for any breach of warranty hereunder.
You assume full responsibility for: (i) the selection of the Software; (ii) the proper installation and use of theSoftware; (iii) verifying the results obtained from the use of the Software; and (iv) taking appropriate measures
to prevent loss of data. Notwithstanding anything to the contrary in this EULA and without in any way limiting
SCIEX’s other disclaimers of warranties, SCIEX does not warrant that the quality or performance of theSoftware will meet your requirements or that you will be able to achieve any particular results from use of theSoftware or that the Software will operate free from error.
(b) EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS LICENSED TO YOU “AS IS” SCIEXMAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITHRESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR APARTICULAR PURPOSE OR MERCHANTABILITY OR THAT THE SOFTWARE IS NON-INFRINGING. ALLOTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL SCIEX BE RESPONSIBLE OR LIABLE, WHETHER INCONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE OR ON ANY OTHER BASIS FOR SPECIAL,INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF SCIEX IS ADVISEDIN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGESARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE,PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OFSCIEX AND ITS AGENTS, CONSULTANTS, CONTRACTORS AND SUPPLIERS UNDER THIS EULA, OR ARISINGOUT OF THE USE OF THE SOFTWARE, SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES PAID
UNDER THIS EULA.

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12. TERMINATION. You may terminate this EULA by discontinuing use of the Software, removing all copies from yourcomputers and storage media, and returning the Software, and all copies thereof, to SCIEX. SCIEX may terminate thisEULA if you fail to comply with all of its terms, in which case you agree to discontinue using the Software, remove allcopies from your computers and storage media, and return the Software, and all copies thereof, to SCIEX.
13. GENERAL.
This EULA shall be governed by laws of the Commonwealth of Massachusetts, U.S.A., exclusive of its conflict of laws
provisions. This EULA shall not be governed by the United Nations Convention on Contracts for the International Saleof Goods. This EULA contains the complete agreement between the parties with respect to the subject matter hereof,and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If a court ofcompetent jurisdiction holds any provision of this EULA invalid or unenforceable for any reason, that provision will beenforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force andeffect. The controlling language of this EULA, and any proceedings relating to this EULA, shall be English. The
headings to the sections of this EULA are used for convenience only and shall have no substantive meaning. Allquestions concerning this EULA shall be directed to: AB Sciex, 500 Old Connecticut Path, Framingham MA U.S.A.,
Attention: Legal Department.
Unpublished rights reserved under the copyright laws of the United States.
AB Sciex LLC, 500 Old Connecticut Path, Framingham, MA 01701 U.S.A.
© 2017 AB SCIEX
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