RADIOMETER ABL800 FLEX, Operator'S Manual

Page: 11 / 438

T
End-User License Agreement for the ABL800 FLEX Analyzers
You have acquired a device ("DEVICE") THAT INCLUDES SOFTWARE LICENSED BY Radiometer
Medical ApS from Microsoft Licensing Inc. or its affiliates ("MS"). Those installed software products of
MS origin, as well as associated media, printed materials and "online" or electronic documentation
("SOFTWARE") are protected by international intellectual property laws and treaties. The SOFTWARE
is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END-USER LICENSE AGREEMENT ("EULA"), DO NOT USE
THE DEVICE OR COPY THE SOFTWARE . INSTEAD, PROMPTLY CONTACT THE SUPPLIER OF
THE INSTRUMENT FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A
REFUND.
ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE
DEVICE WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
GRANT ON SOFTWARE LICENSE. This EULA grants you the following license:
•
You may use the SOFTWARE only on the DEVICE.
•
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. RADIOMETER
MEDICAL ApS HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE
DEVICE, AND MS HAS RELIED UPON RADIOMETER MEDICAL ApS TO CONDUCT
SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH
USE.
•
NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided "AS IS" and with all
faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO
WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR
AGAINST INFRINGEMENT.
IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE
DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORGINATE FROM, AND ARE
NOT BINDING ON, MS.
•
Note on Java Support . The SOFTWARE may contain support for programs written in Java. Java
technology is not fault tolerant and is not designed, manufactured or intended for use or resale as
online control equipment in hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft, navigation or communication systems, air traffic control,
direct life support machines or weapons systems, in which the failure of Java could lead directly to
death, personal injury, or severe physical or enviromental damage. Sun Microsystems, Inc. has
contractually obligated MS to make this disclaimer.
•
No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO
LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN
EXCESS OF US. TWO HUNDRED FIFTY DOLLARS (US$250.00).
•
Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse
engineering, decompile, or disassemble the SOFTWARE, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation.
•
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS . You may permanently
transfer rights under this EULA only as a part of a permanent sale or transfer of the DEVICE, and
only if the recipient agrees to this EULA. If the SOFTWARE is an upgrade, any transfer must also
include all prior versions of the SOFTWARE.
•
EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is of US-origin. You agree to
comply with all applicable international and national laws that apply to the SOFTWARE, including
the US Export Administration Regulations, as well as end-user, end-use and country destination
restrictions issued by US and other governments. For additional information on exporting the
SOFTWARE, see
http://www.microsoft.com/exporting/.