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ANI Monitor V2 - Continuous analgesia monitoring system
MD/PRD/IN16.ANIV2 v.07 - 12 MAR 2020
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related documentation to others. You shall not modify or translate the Licensed
Software or its related documentation without the prior written consent of Mdoloris
Medical Systems. 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 Mdoloris Medical Systems 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.
MDOLORIS MEDICAL SYSTEMS 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: MDOLORIS MEDICAL SYSTEMS'
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.
IN NO EVENT SHALL MDOLORIS MEDICAL SYSTEMS BE LIABLE TO YOU (a)
FOR
ANY
INCIDENTAL,
CONSEQUENTIAL,
OR
INDIRECT
DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE ANY LICENSED SOFTWARE EVEN
IF MDOLORIS MEDICAL SYSTEMS OR ANY AUTHORIZED MDOLORIS MEDICAL
SYSTEMS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY.
6. GENERAL: this License Agreement will be construed under French laws. If any
provision of this License Agreement shall be held by a court of competent jurisdiction
to be contrary to law that provision will be enforced to the maximum extent