Masimo Root, Operator'S Manual, Page: 144 / 152

Root Chapter 13: Service and Maintenance
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Limitation of Warranty
Except as otherwise required by law or altered by the purchase agreement, the above warranty
is the exclusive warranty that applies to the Product and software media, and Masimo does
not make any other promises, conditions, or warranties regarding the Product. No other
warranty applies, express or implied, including without limitation, any implied warranty of
merchantability, fitness for a particular purpose, satisfactory quality, or as to the use of
reasonable skill and care. See the licensing terms for the terms and conditions that apply to
and Software accompanying the Product. Additionally, Masimo will not be liable for any
incidental, indirect, special, or consequential loss, damage, or expense arising from the use or
loss of use of any Products or Software. In no event shall Masimo’s liability arising from any
Product or Software (under contract, warranty, tort, strict liability, or otherwise) exceed the
amount paid by purchaser for the Product or Software. The above limitations do not preclude
any liability that cannot legally be disclaimed by contract.
Sales & End-User License Agreement
This document is a legal agreement between you (“purchaser”) and Masimo Corporation
(“Masimo”) for the purchase of this Product (“Product”) and a license in the included or
embedded Software (“Software”) except as otherwise expressly agreed in a separate contract
for the acquisition of this Product, the following terms are the entire agreement between the
parties regarding your purchase of this Product. If you do not agree to the terms of this
agreement, promptly return the entire Product, including all accessories, in their original
packages, with your sales receipt to Masimo for a full refund.