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Valleylab FT10 Energy Platform User’s Guide
Software License
Software and the remaining warranty, or extended warranty, if any, applicable to the
Product or Equipment with which such Software was delivered. If Customer notifies
Covidien of defects during the applicable warranty period, and those defects are verified
by Covidien, as Customer’s sole and exclusive remedy, Covidien will replace the defective
Software or, at its option, terminate this Software License and refund to Customer the
amount paid by Customer to Covidien for the Software (if provided separately from a
Product) or for the Product in which the defective Software is installed (if embedded within
a Product). Customer’s remedy for breach of this limited warranty shall be limited to the
foregoing 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 herein.
Notwithstanding these limited 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 provided by Covidien, as such instructions
may be amended, supplemented, or modified by Covidien, in its sole discretion, from time
to time. Covidien shall have no warranty obligations with respect to any failures of the
Software that are the result of accident, abuse, misapplication, extreme power surge or
extreme electromagnetic field, or any other cause outside of Covidien’s control.
This limited warranty does not apply to any damages, malfunctions, or non-conformities
caused to or by; (i) Customer’s use of Software in violation of these Software License Terms
or in a manner inconsistent with any Documentation or instructions provided by Covidien;
(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 features, revisions, modifications,
updates, patches, “bug fixes”, or new versions of or to the Software provided by Covidien
under this Agreement or otherwise; (vi) Products with there original manufacturer’s serial
numbers altered, defaced or deleted; (vii) Products that been altered, serviced or modified
by a party other than Covidien; or (viii) Software that has been subjected to abnormal
physical or electrical stress, misuse, negligence or accident by Customer or a third party.
8. Export Laws
: THESE SOFTWARE TERMS ARE EXPRESSLY MADE SUBJECT TO ANY AND
ALL LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS WITH RESPECT TO THE
EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE. BUYER SHALL NOT
EXPORT OR RE-EXPORT THE SOFTWARE (I) WITHOUT FULL COMPLIANCE WITH SUCH
LAWS, REGULATIONS, ORDERS AND OTHER RESTRICTIONS, INCLUDING, WITHOUT
LIMITATION, OBTAINING ALL NECESSARY APPROVAL FROM ALL REQUIRED
GOVERNMENTAL AGENCIES AND (II) WITHOUT THE PRIOR WRITTEN CONSENT OF
COVIDIEN.
9. U.S. Government Rights.
The Software is a “commercial item” developed exclusively
at private expense, consisting of “commercial computer software” and “commercial
computer software Documentation” as such terms are defined or used in the applicable
U.S. acquisition regulations. The Software is licensed hereunder (i) only as a commercial
item and (ii) with only those rights as are granted to all other customers pursuant to the
terms and conditions of this License. Customer shall not use, duplicate, or disclose the
Software in any way not specifically permitted by this License. Nothing in this License
requires Covidien to produce or furnish technical data for or to Customer.