Mindray VS 8A, Operator'S Manual

Page: 96 / 278

8 - 14
8.9 Masimo Information
Masimo Patents
This posting serves as notice under 35 U.S.C.§287(a) for Masimo patents: http://
www.masimo.com/patents.htm.
No Implied License
Possession or purchase of this device does not convey any express or implied license to
use the device with unauthorized sensors or cables which would, alone, or in
combination with this device, fall within the scope of one or more of the patents relating
to this device.
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.