SECTION 8 APPENDIX II: SPECIFICATIONS, WARRANTY,
SOFTWARE LICENSE AGREEMENT AND PATENTS
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8-13
8.4
Software License Agreement
The computer software (“Licensed Software”) loaded on the BIS VIEW monitor (“System”)
is licensed, not sold, to you for use only under the terms of this license. Aspect Medical
Systems, Inc. (“Aspect”) reserves any rights not expressly granted to you. You own the
System, but Aspect retains all ownership rights and title to the Licensed Software itself.
1.
LICENSE:
You are hereby granted the non-exclusive right to use the Licensed
Software solely with the specific System on which the Licensed Software was provided
to you.
2.
RESTRICTIONS:
You shall not transfer the Licensed Software in any manner from
the System to any other computer or system without the prior written consent of Aspect.
You shall not distribute copies of the Licensed Software or its related documentation to
others. You shall not modify or translate the Licensed Software or its related
documentation without the prior written consent of Aspect. The Licensed Software
contains trade secrets and to protect them you may not decompile, reverse engineer,
disassemble, or otherwise reduce the Licensed Software to a human-perceivable form. If
you transfer the System, you have the right to transfer the Licensed Software provided
that the transferee agrees to be bound by the terms and conditions of this License
Agreement.
3.
TERMINATION:
This License remains effective until terminated. This License will
terminate automatically without notice from Aspect if you fail to comply with any term
or provision of this License. Upon termination of this License, you may not make any
further use of the Licensed Software.
4.
LIMITED WARRANTY:
THE LICENSED SOFTWARE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO
ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
ASPECT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE LICENSED SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT SUCH ERRORS IN THE
LICENSED SOFTWARE WILL BE CORRECTED.
5.
LIMITATION OF REMEDIES AND DAMAGES:
ASPECT’S ENTIRE
LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, AND
YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE MONEY PAID
FOR THE SYSTEM, WHICH INCLUDED THE LICENSED SOFTWARE.