WatchPAT™200 System
63
Operation Manual
ITAMAR SOLE CONTROL OF THE SETTLEMENT, COMPROMISE,
NEGOTIATION AND DEFENSE OF ANY SUCH ACTION, AND (iii) PROVIDE
ITAMAR WITH ALL INFORMATION RELATED TO THE ACTION THAT IS
REASONABLY REQUESTED BY ITAMAR. NOTWITHSTANDING THE
FOREGOING,
ITAMAR
SHALL
HAVE
NO
INDEMNIFICATION
OBLIGATIONS WITH RESPECT TO ANY INFRINGEMENT CLAIM TO THE
EXTENT ARISING FROM YOUR USE OF THE LICENSED PRODUCT AND/OR
LICENSED SOFTWARE IN CONJUNCTION WITH OTHER HARDWARE OR
SOFTWARE WHERE USE WITH SUCH OTHER HARDWARE OR SOFTWARE
GAVE RISE TO THE INFRINGEMENT CLAIM.
6. TERMINATION
Without prejudice to any other rights or remedies, Itamar may terminate this License
Agreement immediately if you fail to comply with any of its terms and conditions. In
the event of such termination, you must, within ten (10) business days of receiving
notice of termination from Itamar, cease all use of the Licensed Software and destroy
all copies thereof, and cease all use of the Licensed Product (including Licensed
Product incorporated within Third Party Product).
7. TRANSFERABILITY
You may only transfer or assign the rights and obligations hereunder together with
the Licensed Software and/or the Licensed Product or Third Party Product as a whole,
without retaining any rights or, subject to Sections 2 and 3 above, any obligations
arising after the date of such transfer or assignment, or retaining any installed or
uninstalled copy of the Licensed Software, the Licensed Product or the Third Party
Product. Any attempt by you to rent, lease, sublicense, assign or transfer any of the
rights, duties or obligations hereunder in any other way is forbidden and shall be null
and void.
8. SEVERABILITY
Should any term or provision of this License
Agreement be declared void or
unenforceable by any court of competent jurisdiction in any country or countries,
such declaration shall have no effect on the remainder of this License
Agreement in
such country or countries, or on this License
Agreement in other countries.
9. NO WAIVER
The failure of either party to enforce any rights granted to it hereunder or to take
action against the other party in the event of any breach hereunder shall not be
deemed a waiver by that party as to subsequent enforcement actions in the event of
future breaches.
