Mindray BeneHeart D2, Operator'S Manual

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12 - 8 Defibrillator/Monitor Operator’s Manual
12.13 Masimo End-User License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU (“PURCHASER”) AND SHENZHEN MINDRAY. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PACKAGE, INCLUDING ALL
ACCESSORIES, IN THEIR ORIGINAL PACKAGE, WITH YOUR SALES RECEIPT TO SHENZHEN MINDRAY FOR A FULL
REFUND.
1. Grant of License. In consideration of payment of the license fee, which is part of the price paid for this
product, Shenzhen Mindray grants to Purchaser a nonexclusive, nontransferable license, without right to
sublicense, to use the copy of the incorporated software/firmware, and documentation in connection with
Purchaser's use of the Masimo Products for their labeled purpose. Shenzhen Mindray reserves all rights not
expressly granted to Purchaser.
2. Ownership of Software/Firmware. Title to, ownership of, and all rights and interests in, any Masimo
software and/or firmware and the documentation, and all copies thereof, remain at all times vested in
Masimo Corporation, licensor to Shenzhen Mindray, and they do not pass to Purchaser.
3. Assignment. Purchaser shall not assign or transfer this License, in whole or in part, by operation of law or
otherwise, without Shenzhen Mindray's prior written consent; any attempt without such consent, to assign
any rights, duties or obligations arising hereunder shall be void.
4. Copy Restrictions. The software/firmware, mask works, circuit board layouts, and accompanying written
materials are copyrighted. Unauthorized copying of the software, including software that has been
modified, merged, or included with other software, or other written materials is expressly forbidden. You
may be held legally responsible for any copyright infringement that is cause or incurred by your failure to
abide by the terms of this license. Nothing in this license provides any rights beyond those provided by 17
U.S.C. §117.
5. Use Restriction. As the Purchaser, you may physically transfer the products from one location to another
provided that the software/firmware is not copied. You may not electronically transfer the software/
firmware from the products to any other device. You may not disclose, publish, translate, release distribute
copies of, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works
based on the Masimo Product, the software/firmware, or the written materials without the prior written
consent of Masimo. Masimo Sensors that are designated for single use are licensed under Masimo patents
for use on a single patient only, and are not sold. There is no license, implied or otherwise, that would allow
use of single use Masimo Sensors beyond their intended single use. After use of single use Masimo Sensors,
there is no further license granted by Masimo to use the sensors and they must be discarded.
6. Transfer Restrictions. The software/firmware is licensed to the Purchaser, and may not be transferred to
anyone, except other end-users, without the prior written consent of Shenzhen Mindray. In no event may
you transfer, assign, rent, lease, sell, or otherwise dispose of the software/firmware or the products on a
temporary basis.
7. Beneficiary. Masimo Corporation is a Beneficiary of this Agreement and has the right to enforce its
provisions.
U.S. Government Rights: If you are acquiring software (including the related documentation) on behalf of any
part of the United States Government, the following provisions apply: the software is deemed to be “commercial
software” and “commercial computer software documentation,” respectively pursuant to DFAR Section 227.7202
FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the
software (including the related documentation) by the U.S. Government or any of its agencies shall be governed
solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the
terms of this agreement.