Covidien SurgiStat, Service Manual

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vi SurgiStat Low-Power Electrosurgical Generator Service Manual
Software License
party. Customer agrees that it will make the Software available only to employees,
contractors, or consultants with a need to know, who are obligated to comply with all
license restrictions contained in this Software License Agreement and to maintain the
secrecy of the Software and all other Confidential Information. Customer is responsible for
the compliance of all users with these obligations.
Customer may, from time to time, request that COVIDIEN incorporate certain features,
enhancements or modifications into the Software. COVIDIEN may, in its sole discretion,
undertake to incorporate such changes and distribute the Software so modified to all or
any of COVIDIEN's customers. All such error corrections, bug fixes, patches, updates or
other modifications provided to COVIDIEN shall be the sole property of COVIDIEN.
This Software License is effective until terminated. Customer may terminate this License at
any time by destroying all copies of Software including any documentation. This License
will terminate immediately upon notice from COVIDIEN if Customer fails to comply with
any provision of this License or any supplier agreement. COVIDIEN may terminate the
Software licenses granted herein and exercise all available rights by giving written notice,
effective immediately, if within ten (10) business days of Customer’s receipt of a reasonably
detailed written request to cure, Customer has not cured all breaches of this License’s
limitations or restrictions. Upon such termination, Customer will immediately pay all
undisputed fees outstanding, cease use of all Software, return or delete, at COVIDIEN’s
request, all copies of the Software in Customer’s possession, and certify compliance with
all of the obligations herein to COVIDIEN in writing.
Limited Warranty: COVIDIEN represents and warrants to Customer that the Software
will perform substantially as described in COVIDIEN's then current documentation for such
Software for the longer of (a) the remaining warranty applicable to the product with which
such Software was delivered (not to exceed one year) or (b) ninety (90) days from the date
such Software was shipped or first made available to Customer for electronic download
from COVIDIEN’s service site. If you notify COVIDIEN of defects during the warranty
period, COVIDIEN will replace the Software or, at its option, refund the purchase price.
Your remedy for breach of this limited warranty shall be limited to replacement or refund
and shall not encompass any other damages. No dealer, distributor, agent or employee of
COVIDIEN is authorized to make any modification or addition to the warranty and
remedies stated above.
Notwithstanding these warranty provisions, all of COVIDIEN's obligations with respect to
such warranties shall be contingent on Customer’s use of the Software in accordance with
this Agreement and in accordance with COVIDIEN's instructions as provided by COVIDIEN
in the documentation, as such instructions may be amended, supplemented, or modified
by COVIDIEN from time to time. COVIDIEN shall have no warranty obligations with respect
to any failures of the Software which are the result of accident, abuse, misapplication,
extreme power surge or extreme electromagnetic field.
This warranty does not apply to any damages, malfunctions, or non-conformities caused
to or by: (i) Customer’s use of Software in violation of the license granted under the
Agreement or in a manner inconsistent with any provided documentation; (ii) use of non-
COVIDIEN furnished equipment, software, or facilities with its equipment or Products; (iii)
Customer’s failure to follow COVIDIEN’s installation, operation, repair or maintenance
instructions; (iv) Customer’s failure to permit COVIDIEN timely access, remote or
otherwise, to Products; (v) failure to implement all new Updates to Software provided
under the Agreement; (vi) Products or equipment with their original manufacturer’s serial