Radical-7R Pulse CO-Oximeter Operator’s Manual
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E n d - U s e r L i c e n s e A g r e e m e n t
1.
Grant of License: In consideration of payment of the Software license fee, which is part of the
price paid for the Product, Masimo grants to Purchaser a nonexclusive, nontransferable (except
as set forth below) license (“License”), without right to sublicense, to use the copy of the Software
in connection with Purchaser’s use of the Product for its labeled purpose as set forth in these
directions for use. Masimo reserves all rights not expressly granted to Purchaser.
2.
Ownership of Software: The Software is licensed not sold; all rights and interests in the Software
and all copies thereof remain at all times vested in Masimo, and do not pass to Purchaser.
Any references in this Agreement to the purchase or sale of the Software shall be deemed the
purchase or sale of a Software License as set forth herein.
R e s t r i c t i o n s
1.
Copyright Restrictions: The Software and the accompanying written materials are copyrighted.
Unauthorized copying of the Software, including Software that has been modified, merged,
or included with other software, or the written materials is expressly forbidden. Purchaser
may be held legally responsible for any copyright infringement that is caused or incurred by
Purchaser’s failure to abide by the terms of this Agreement. Nothing in this License provides
any rights beyond those provided by 17 U.S.C. §117.
2.
Use Restrictions: Purchaser may physically transfer the Product from one location to another
provided that the Software is not copied. Purchaser may not electronically transfer the
Software from the Product to any other instrument. Purchaser may not disclose, publish,
translate, release, distribute copies of, modify, adapt, translate, reverse engineer, decompile,
disassemble, or create derivative works based on the Software or the written materials.
3.
Transfer Restrictions: In no event may Purchaser transfer, assign, rent, lease, sell, or
otherwise dispose of the Product or the Software on a temporary basis. Purchaser shall
not assign or transfer this License, in whole or in part, by operation of law or otherwise
without Masimo's prior written consent; except that the Software and all of Purchaser’s
rights hereunder shall transfer automatically to any party that legally acquires title to the
Product with which this Software is included. Any attempt to assign any rights, duties or
obligations arising hereunder other than as set forth in this paragraph shall be void.
4.
U.S. Government Rights: If Purchaser is acquiring Software (including the related
documentation) on behalf of any part of the United 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,
performance, display or disclosure of the Software (including the related documentation) by
the U.S. Government or any of its agencies shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly permitted by the terms
of this Agreement.
N o I m p l i e d L i c e n s e
Possession or purchase of this device does not convey any express or implied license to use the
device with unauthorized sensors or cables that would, alone, or in combination with the device,
fall within the scope of one or more of the patents relating thereto. BY ACCEPTANCE OR USE
OF THIS DEVICE, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS.
S e r v i c e / M a i n t e n a n c e
