End User License Agreement

FlowVision™ 2 Software

Last updated: October 8, 2026

IMPORTANT — READ CAREFULLY

This End User License Agreement (“Agreement”) is a legal agreement between you (“You” or “Licensee”), whether an individual or an entity, and Alicat Scientific, Inc., an Arizona corporation (“Alicat,” “we,” or “us”), governing your use of the FlowVision™ 2 software and any associated documentation, updates, or components (collectively, the “Software”).

You will be asked to accept this Agreement when You install the Software and when You first run it. By indicating Your acceptance (for example, by selecting “I accept the agreement” during installation or “Accept” in the Software), or by installing, copying, or using the Software, You agree to be bound by this Agreement. If You do not agree, do not install or use the Software.


1. License Grant

Subject to the terms of this Agreement, Alicat grants You a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to install and use the Software solely in connection with operating, configuring, monitoring, or collecting data from Alicat Scientific instruments, for Your internal business, laboratory, research, manufacturing, educational, or service purposes, including installing, servicing, calibrating, or supporting Alicat Scientific instruments owned or operated by others.

The Software is licensed, not sold.


2. Free Software; No Support Obligation

The Software is provided at no charge.

Alicat is under no obligation to provide support, maintenance, updates, upgrades, or enhancements to the Software. Any such support or updates, if provided, are provided at Alicat’s sole discretion.


3. License Restrictions

You may not, and may not permit any third party to:

  1. Copy the Software except as reasonably necessary for installation or backup;
  2. Modify, adapt, translate, or create derivative works of the Software;
  3. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, except to the extent such restriction is prohibited by law;
  4. Rent, lease, sell, sublicense, distribute, or otherwise transfer the Software;
  5. Provide the Software itself to third parties as a hosted or software‑as‑a‑service offering without Alicat’s prior written consent; or
  6. Remove or obscure any proprietary notices or labels.

The restrictions in this Section 3 do not apply to any third‑party component of the Software to the extent that component’s license grants You broader rights.


4. Ownership and Intellectual Property

The Software and all related intellectual property rights are and shall remain the exclusive property of Alicat Scientific, Inc. and its licensors. This Agreement grants You no ownership interest in the Software.


5. Third‑Party Software

The Software may include or rely upon third‑party components subject to separate license terms. Those licenses apply only to the applicable components and do not grant rights beyond those provided therein. A list of these components and their license terms is provided in the THIRD‑PARTY‑NOTICES.txt file installed with the Software.

Nothing in this Agreement limits Your rights under applicable third‑party open‑source licenses.


6. Data, Telemetry, and Privacy

The Software does not transmit telemetry, usage analytics, personally identifiable information (PII), or instrument data to Alicat by default.

Update checks: If update checking is enabled (the default), the Software contacts Alicat’s download server each time it starts to check whether a newer version is available, and downloads the update if You choose to install it. The Software also contacts that server when You open its version and release notes view. As with any internet request, this discloses Your IP address and the time of the request to Alicat’s server. These requests do not include instrument data, Software settings, or any other information about You or Your use of the Software. You may turn off automatic update checking at any time in the Software’s Settings.

All data generated, processed, or displayed by the Software remains under Your control unless You explicitly choose to share it with Alicat (for example, during voluntary technical support interactions). If You configure the Software to log data to a database or other destination, data is sent only to the destination You choose.

The Software does not require the creation of a user account to operate.


7. No Warranty

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALICAT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

The Software is provided as a general‑purpose tool and does not replace professional judgment, validation, calibration, or regulatory compliance testing.


8. Limitation of Liability; Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED AS A GENERAL‑PURPOSE TOOL FOR INFORMATIONAL AND OPERATIONAL ASSISTANCE ONLY. YOU ARE SOLELY RESPONSIBLE FOR:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALICAT SCIENTIFIC, INC., OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ALICAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, ALICAT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SOFTWARE OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability; in such cases, liability shall be limited to the greatest extent permitted by applicable law. Each exclusion and limitation in this Section 8 is separate and severable, and shall apply even if another is held unenforceable.


9. Indemnification

You agree to defend (if requested by Alicat), indemnify, and hold harmless Alicat Scientific, Inc., and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

This obligation does not apply to the extent a claim arises from the gross negligence or willful misconduct of Alicat, or where it is prohibited by applicable law.

Alicat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case You agree to cooperate fully.


10. Export Controls and International Use

The Software may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR). You agree not to export, re‑export, or transfer the Software in violation of applicable export laws of the United States or any other jurisdiction.

You represent that You are not prohibited from receiving or using the Software under applicable law.


11. Termination

This Agreement is effective until terminated.

Alicat may terminate this Agreement immediately if You breach any of its terms. Upon termination, You must cease all use of the Software and destroy all copies in Your possession or control.

Sections intended to survive termination shall survive, including those relating to ownership, disclaimers, limitation of liability, indemnification, governing law, export controls, and modification of terms.


12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, USA, without regard to conflict‑of‑laws principles.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.


13. Entire Agreement

This Agreement constitutes the entire agreement between You and Alicat regarding the Software and supersedes all prior or contemporaneous agreements or understandings, whether written or oral.

If You and Alicat have entered into a separate written agreement, signed by both parties, that expressly covers the Software, that agreement controls to the extent of any conflict with this Agreement. Nothing in this Agreement modifies or limits any warranty or remedy Alicat provides for its hardware products under its terms and conditions of sale or any other agreement with You.

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.


14. Contact Information

Alicat Scientific, Inc.
7641 N. Business Park Drive
Tucson, Arizona 85743
United States
Phone: +1‑888‑290‑6060
Website: https://www.alicat.com


15. Modification of Terms

Alicat may update this Agreement from time to time. When it does, the updated Agreement will be included with the Software, and the Software will display it and ask You to accept it before You continue using the Software. The current version is also available at https://downloads.alicat.com/FlowVision2/EULA.html.

The updated Agreement takes effect when You accept it. If You do not accept the updated Agreement, You must discontinue use of the Software.

Changes will not apply retroactively to disputes arising before the effective date of the modification.