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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
Limited Software Warranty does not apply to any accessories that are designed to be disposable or
for single use and which have been reused, or attempted to be reused . With respect to Products, if
Licensee has not provided HeartSciences with completed warranty registration information within
thirty (30) days after purchase or lease of a Product, then the benefits of this Limited Software
Warranty do not apply . Notwithstanding any other statement in this Agreement, this Limited
Software Warranty does not apply to any third party code within the Licensed Software, which third
party code is warranted under the warranty provided by the such third party, if any, to the extent that
HeartSciences is authorized to pass such third party warranty through to Licensee .
3 .3 . DISCLAIMER OF WARRANTY . OTHER THAN THE EXPRESS WARRANTY MADE IN SECTIONS 3 .1 AND
3 .2, LICENSOR MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY . FURTHER, THE
LICENSED SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ADDITIONAL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 3 .1 AND 3 .2, LICENSOR DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF, ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE . LICENSOR DOES NOT WARRANT THAT LICENSEE’S EXERCISE OF RIGHTS
GRANTED HEREIN WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT DEFECTS IN THE
LICENSED SOFTWARE WILL BE CORRECTED . NO OPINION, ADVICE OR STATEMENT BY OR ON BEHALF
OF LICENSOR SHALL CREATE ANY WARRANTY OTHER THAN THAT SET FORTH IN SECTIONS 3 .1 AND
3 .2 . LICENSEE’S EXERCISE OF ANY RIGHTS GRANTED HEREIN IS ENTIRELY AT LICENSEE’S RISK . THIS
AGREEMENT PROVIDES NO INDEMNITY TO LICENSEE .
3 .4 . Licensee Representations . Licensee represents and warrants that Licensee has read and understands
the description of the Licensed Software as may be included in the Licensed Software or indicated at
the address specified by any URL provided for such description .
4 . Consulting Services
4 .1 . No consulting or professional services are provided as part of this Agreement .
5 . Confidential Information .
5 .1 . Use and Disclosure Restrictions . The Licensee hereby acknowledges and agrees that Confidential
Information constitutes and contains valuable proprietary information and trade secrets of the
Licensor, and embodies substantial creative efforts and Confidential Information, ideas, methods,
and expressions . Accordingly, Licensee agrees: (i) to protect Confidential Information of the Licensor
from unauthorized dissemination and use; (ii) to use such Confidential Information only for the
exercise of its license rights as set forth in Section 2 .1 (Grant of License); (iii) to limit the use of and
access to such Confidential Information to such employees and contractors set forth in Section 2 .1
(Grant of License); (iv) not to disclose, license, transfer, sell, publish, disclose, display or otherwise
provide to any third party any of the Licensed Software, and/or any of Licensor’s Confidential
Information, or any part or parts of such Licensed Software and Confidential Information; (v) to
undertake whatever action is necessary to prevent or remedy (or authorize the Licensor to do so
in the Licensee’s name) any breach of the confidentiality obligations set forth herein; (vi) not to
remove or destroy any proprietary, confidential, or copyright legends or markings placed upon
or contained within the Licensed Software, or on any other Confidential Information disclosed or
provided by or for the Licensor to the Licensee; and (vii) promptly to notify the Licensor in writing of
any unauthorized disclosure, theft and/or unauthorized use of any Confidential Information of the
Licensor .
5 .2 . Exceptions . For purposes of this Agreement, Confidential Information shall not include, and the
confidentiality and non-use obligations provided hereunder shall not apply to, information that: (i) is
