Treaton MPR6-03, User Manual

Page: 80 / 193

2.1 SpO
2
Monitoring
80
eliminate sources of interference, high illumination
Low Signal IQ The quality of the signal does not allow to obtain reliable
measurements
Masimo SET End User License Agreement
The present agreement is made between the End User (hereinafter referred to as the Purchaser) of the
equipment and the Equipment Manufacturer Triton Electronic Systems Ltd. (hereinafter referred to as Tri-
ton). Acceptance of the equipment means acceptance by the Purchaser of the terms of the present li-
cense agreement.
1. Grant of License
Triton grants the Purchaser a non-exclusive, non-transferable license, without the right to issue a subli-
cense, to use the Triton product containing the MASIMO SET pulse oximetry module: the right to use a
copy of the integrated (combined) Masimo software in connection with the
Purchaser’s intended use of
the MASIMO SET pulse oximetry module. Triton reserves all rights that are not granted to the Purchaser.
2. Ownership of software / firmware (hereinafter firmware) Masimo:
Ownership and all rights to any Masimo software (firmware) and Masimo documentation and all copies
thereof are transferred to MASIMO CORPORATION MASIMO INTERNATIONAL SARL (hereinafter
Masimo) to Triton and are not transferred to the Purchaser.
3. License assignment
The Purchaser is not entitled to assign or transfer the license in whole or in part, by law or otherwise,
without the prior written consent of Triton. The transfer of any rights and obligations to the software (firm-
ware) and documentation and all their copies, as well as the transfer of other rights and obligations under
this agreement without the prior written consent of Triton, is considered invalid.
4. Copyright restrictions
Software (firmware), industrial designs, desktop circuit layouts, and accompanying written materials are
copyrighted. Unauthorized copying of software, including software that has been altered, combined or
incorporated with other software, or other written materials is prohibited. If you fail to comply with the
terms of this license, you may be held liable for copyright infringement. Nothing in this license provides for
any rights of the Purchaser other than those provided for in 17
USC §117 (Section 17 of the United States
Copyright Law, Section 117, information located at: https://www.law.cornell.edu/uscode / text / 17/117).
5. Use restrictions
As a Purchaser you may physically transfer the Product from one location to another (product with Masi-
mo), ensuring that the software (firmware) is not copied. You cannot electronically transfer software
(firmware) from products to any other device. You may not disclose, publish, translate, release or distrib-
ute copies, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works
based on a Masimo product, software (firmware), or written material without prior with the written consent
of Masimo. Masimo transducers that are labeled (used) for single use are covered by the Masimo patent,
which is not sold and licensed for use with one patient only. For patent information, see
http://www.masimo.com/patents.htm. There is no license, express or implied, to allow the use of disposa-
ble Masimo sensors beyond the single use period. Re-use of disposable Masimo sensors is not permitted
under the Masimo license and the sensors must be disposed after first use.
6. Transfer Restrictions
The software (firmware) of Masimo is licensed to the Purchaser and cannot be transferred to anyone oth-
er than other end users of the Triton product without Triton's prior written consent. It is also not allowed to
transfer, lease, sell software (firmware) or otherwise dispose of the product on a temporary basis.
7. Beneficiary
MASIMO CORPORATION MASIMO INTERNATIONAL SARL is the beneficiary of this Masimo Product
Agreement and has the right to demand compliance with its provisions.
8. U.S. Government Rights:
If Purchaser is acquiring Software (including the related documentation) on behalf of any part of the Unit-
ed State Government, the following provisions apply: the Software and documentation are 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, per-