ANI Monitor V1 - Continouous analgesia monitoring system
MD/PRD/IN16.ANIV1 V.10 – 29 SEP 2021
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purchased from a person other than Mdoloris Medical Systems or (c) with respect to any
product sold under a brand name other than Mdoloris Medical Systems.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR MDOLORIS
MEDICAL SYSTEMS PRODUCTS, EXTENDS ONLY TO THE PURCHASER, AND IS
EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES
INCLUDING
WITHOUT
LIMITATION
ANY
WARRANTY
AS
TO
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MDOLORIS
MEDICAL SYSTEMS MAXIMUM LIABILITY ARISING OUT OF THE SALE OF THE
PRODUCTS OR THEIR USE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PAYMENTS
RECEIVED BY MDOLORIS MEDICAL SYSTEMS IN CONNECTION THEREWITH.
MDOLORIS MEDICAL SYSTEMS SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING
WITHOUT LIMITATION LOST PROFITS) DIRECTLY OR INDIRECTLY ARISING
FROM THE SALE, INABILITY TO SELL, USE OR LOSS OF USE OF ANY PRODUCT.
EXCEPT AS SET FORTH HEREIN, ALL PRODUCTS ARE SUPPLIED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
12.3
Software License Agreement
The computer software (“Licensed Software”) loaded on the ANI Monitor V1 (“System”) is
licensed, not sold, to you for use only under the terms of this license. Mdoloris Medical
Systems reserves any rights not explicitly granted. You own the System, but Mdoloris
Medical Systems retains all ownership rights and title to the Licensed Software itself.
1.
LICENSE: you are hereby granted the non-exclusive right to use the Licensed
Software solely with the specific System on which the Licensed Software was
provided to you.
2.
RESTRICTIONS: you shall not transfer the Licensed Software in any manner from
the System to any other computer or system without the prior written consent of
Mdoloris Medical Systems. You shall not distribute copies of the Licensed Software
or its related documentation to others. You shall not modify or translate the Licensed
