Stryker SPY PHI HH9000, Operator'S Manual

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SPY Portable Handheld Imaging System
Operator’s Manual
101
This Software End User License Agreement (“
Agreement
”) is between you the end user (“
You
” or “
Your
” as
appropriate) and Novadaq Technologies ULC
(“
Novadaq
”).
THE PINPOINT SYSTEM INCLUDES PINPOINT SYSTEM SOFTWARE WHICH NOVADAQ IS PREPARED TO
LICENSE YOU TO USE AS PART OF YOUR USE OF THE PINPOINT SYSTEM BUT ONLY ON THE TERMS AND
CONDITIONS SET OUT IN THIS AGREEMENT. BY CLICKING “I Accept" ON THE SCREEN, OR BY USING THE
PINPOINT SYSTEM SOFTWARE IN ANY WAY, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MUST CEASE ALL USE OF
THE PINPOINT SYSTEM SOFTWARE AND RETURN IT TO THE DISTRIBUTOR OR VENDOR FOR REFUND OR
CREDIT WHERE APPLICABLE.
1. DEFINITIONS
1.1
“
Documentation
” means the operator guides, manuals and other instructions for use of the Program that
Novadaq makes generally available.
1.2
“
Program
” means Novadaq’s PINPOINT System Software for operating and using the PINPOINT System (in
object code form only) and any updates released by Novadaq, together with associated Documentation and media (if
any) provided to You.
1.3
“
PINPOINT System
” means the fluorescent imaging system designed and manufactured by Novadaq having
the following components: a surgical laparoscope, a camera head (“PINPOINT Camera”), a SPY-PHI handheld camera
head, a flexible light guide cable, an endoscopic video processor, PINPOINT cart, HD monitor, recorder, printer and
sterilization trays.
2. PROGRAM LICENSE
2.1 Limited License . Subject to Your compliance with the terms of this Agreement, Novadaq hereby grants to
You, during the term of this Agreement, a limited, non-exclusive, non-transferable license:
(a) to use a single copy of the Program solely for Your own internal business operations solely on the PINPOINT
System on which the Program was first installed, consistent with the Documentation;
(b) to use the Documentation provided with the Program in support of Your authorized use of the Program; and
(c) to copy the Program for archival or backup purposes.
2.2 Restrictions . You will not copy or use the Program except as expressly permitted by this Agreement. You will
not relicense, sublicense, rent or lease the Program or use the Program for third-party training, commercial time-sharing
or service bureau use. You will not, and will not permit any third party to, (a) copy, modify, translate, reverse engineer,
disassemble or decompile any Program, or otherwise determine or attempt to determine source code of the Program,
or (b) create any derivative work based upon the Program embedded in the PINPOINT System, except to the extent
expressly permitted by applicable law. You will not use the Program on multiple processors without the prior written
consent of Novadaq. Novadaq may, at its own expense and upon reasonable advance notice to You, conduct an audit
of Your use of the Program to verify Your compliance with this Agreement.
2.3 Ownership . Novadaq will retain all right, title and interest in and to patent, copyright, trademark, trade secret
and any other intellectual property rights in the Program and any derivative works thereof, subject only to the limited
licenses set forth in this Agreement. You do not acquire any other rights, express or implied, in the Program or the
Documentation other than those rights expressly granted under this Agreement.
3. WARRANTY AND REMEDIES
3.1 Limited Warranty . Novadaq warrants that the Program will perform the functions described in the
Documentation under normal use for a period of twelve (12) months from the date the Program is shipped to You in
the PINPOINT System by Novadaq.