WatchPAT™200 System
61
Operation Manual
not remove or destroy any copyright, trademark, logo or other proprietary marking or
legend placed on or contained in the Licensed Software or a Licensed Product.
4. LIMITED WARRANTIES AND DISCLAIMERS
a. Against Infringement. Itamar hereby warrants to you that it has the right to grant
you the license to use the Licensed Software and/or the Licensed Product and to enter
into this License
Agreement and that neither the Licensed Software nor the Licensed
Product(s) infringes the intellectual property rights of any third party.
b. As to Licensed Product. Itamar warrants that the Licensed Product with which
this License
Agreement was delivered, will be free from defects in design, materials
and workmanship for a period of one year from the date of delivery of the Licensed
Product to you. If the Licensed Product contains a defect in design, materials or
workmanship and such Licensed Product is returned to Itamar within one (1) year of
delivery of the Licensed Product to you, Itamar will repair or replace the Licensed
Product, or issue a credit for the purchase price of the Licensed Product, with the
choice to repair, replace or credit being within the sole discretion of Itamar. The
foregoing repair, replacement or credit remedy will be your sole remedy for breach of
the warranty set forth in this Section 4(b).
c. As to Licensed Software. Itamar warrants that for a period of ninety (90) days
from the date of delivery of the Licensed Software to you, the Licensed Software
will, under normal use, be free from defects in materials and workmanship and will
perform substantially as it is intended to perform. If during such ninety (90) day
period, the Licensed Software has a defect in materials or workmanship or does not
perform substantially as it is intended to perform, Itamar shall (a) attempt to correct
or assist you around errors with efforts which Itamar believes suitable to the problem,
(b) replace the Licensed Software with a functionally equivalent software, or (c) issue
a credit for the purchase price of the Licensed Software, with the choice to correct or
assist, replace or credit being within the sole discretion of Itamar. The foregoing
correct or assist, replacement or credit remedy will be your sole remedy for breach of
the warranty set forth in this Section 4(c).
d. Limitation of Warranties. The warranties contained in Sections 4(b) and 4(c)
above do not cover damage to the Licensed Products or the Licensed Software caused
by accident, misuse, abuse, negligence, failure to install in accordance with Itamar’s
installation instructions, failure to operate under conditions of normal use and in
accordance with the terms of the documentation accompanying the Licensed Product
and/or the Licensed Software, failure to maintain in accordance with applicable
documentation accompanying the Licensed Product and/or the Licensed Software,
alteration or any defects not related to materials or workmanship, or in the case of
Licensed Products, design, materials or workmanship. This warranty does not cover
damage which may occur in shipment. This warranty does not apply to Licensed
Products and/or Licensed Software not purchased new. This warranty does not apply
to any Licensed Product or any individual parts of a Licensed Product which have
