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USER MANUAL DO-LBL-06035(L)
| MyoVista® Wavelet ECG (
wav
ECG™) 12-Lead Cardiac Testing Device
Appendix F: End User License Agreement
“look and feel” of such websites, all Licensor Products and services, software codes, interfaces, and
all other proprietary knowledge, know-how, images, materials and other signals made available
by Licensor to the Licensee, and any and all Intellectual Property Rights related thereto, whether
registered or unregistered, are solely owned by Licensor and are protected by worldwide copyright,
trademark, trade secret and/or patent laws, as well as other intellectual property laws and treaties .
2 .7 . Modifications . Licensor reserves the right at any time and at its sole discretion to modify, suspend or
discontinue, temporarily or permanently, the Licensed Software or any part thereof, with or without
notice, and without any liability for any modification, suspension or discontinuance thereof .
2 .8 . Updates . Licensor may provide, by download or otherwise, updates to the Licensed Software
(“Updates”) . Licensee agrees that Updates are subject to the terms, conditions, restrictions and
obligations of this Agreement .
2 .9 . Licensed Third Party Code . The Licensed Software may include Licensed Third Party Code . Licensee’s
rights and responsibilities with respect to such Licensed Third Party Code shall be governed in
accordance with the third party’s applicable software license . Licensee agrees, on request, to enter
into one or more separate “select-accept” license agreements or third party license agreements as
part of the installation and/or download process and/or Update process for Licensed Software . Such
applicable software license which shall supersede this Agreement with respect to the Licensed Third
Party Code covered by such license .
3 . Express Limited Warranty; Disclaimer of Warranty, Limitation of Warranty .
3 .1 . Licensor represents and warrants that it has the right to grant Licensee the licenses granted in this
Agreement .
3 .2 . Limited Software Warranty . Except as indicated otherwise below, HeartSciences warrants that (i) for
Ninety (90) days from the date of purchase of such Product, that the Licensed Software will perform
substantially in accordance with the applicable Documentation, (ii) it has not inserted any Disabling
Code (as defined herein) into the Licensed Software and (iii) it will use reasonable commercial efforts
consistent with industry standards to scan the Licensed Software for and remove any software
viruses before installation into the Product . Except as indicated otherwise below, HeartSciences
warrants that it has the right to license or sublicense the Licensed Software to Customer as set
forth in Section 2 .1 (License Grant) . As used in this warranty statement, (i) “Disabling Code” means
computer code that is designed to delete, interfere with, or disable the normal operation of the
Product; provided, however, that code included in the Licensed Software for monitoring compliance
with this Agreement will not be deemed to be Disabling Code .
3 .2 .1 . Exclusions . This Limited Software Warranty does not apply to any Product that was not purchased or
leased from HeartSciences or any of its authorized distributors . If the HeartSciences serial number
on the Product has been altered, damaged, rendered defective, or removed from the Product, this
Limited Software Warranty is void . This Limited Software Warranty does not cover normal wear and
tear or any loss, damage, or defects caused by: (1) attempted disassembly or repair by anyone not
authorized by HeartSciences; (2) failure to follow instructions for use, maintenance, and cleaning;
(3) drops, impacts, fire, water damage, misuse, abuse, neglect, accident, or external forces, (4)
the Product having been altered or tampered with in any way, (5) the Product having been used
or maintained in any manner that is inconsistent with HeartSciences instructions or warnings
included with the Product, as applicable, (6) the Product having been used in any manner that is
inconsistent with the intended purpose or design of the Product, as applicable, as described in
HeartSciences published documentation for the Product, (7) transportation to the Licensee’s facility,
(8) Licensee’s or any third party’s supplied software, interfaces, parts, supplies, or accessories, (9)
operation outside of environmental specifications for the Product, or (10) improper site preparation
or maintenance . HeartSciences is not responsible for any costs, expenses, or charges incurred by
Licensee for any attempted disassembly or repair by anyone not authorized by HeartSciences . This