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s e r v i c e a n d m a i n t e n a n c e
in, any MASIMO software and/or firmware and the documentation, and all copies
thereof, remain at all times vested in MASIMO Corporation, licensor to MASIMO, and
they do not pass to Purchaser.
3.
Assignment: 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; any
attempt without such consent, to assign any rights, duties or obligations arising
hereunder shall be void.
4.
Copy Restrictions: The software/firmware 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 other written materials is
expressly forbidden. You may be held legally responsible for any copyright
infringement that is cause or incurred by your failure to abide by the terms of this
license. Nothing in this license provides any rights beyond those provided by 17
U.S.C. §117.
5.
Use Restriction: As the Purchaser, you may physically transfer the products from one
location to another provided that the software/firmware is not copied. You may not
electronically transfer the software/firmware from the products to any other device.
You may not disclose, publish, translate, release or distribute copies of the
software/firmware or accompanying written materials to others. You may not modify,
adapt, translate, reverse engineer, decompile, disassemble, or create derivative
works based on the software/firmware.You may not modify, adapt, translate, or create
derivative works based on the written materials without the prior written consent of
MASIMO.
6.
Transfer Restrictions: The software/firmware is licensed to the Purchaser, and may
not be transferred to anyone, except other end-users, without the prior written
consent of MASIMO. In no event may you transfer, assign, rent, lease, sell, or
otherwise dispose of the software/firmware or the products on a temporary basis.
7.
Beneficiary: Masimo Corporation is a Beneficiary of this Agreement and has the right
to enforce its provisions.
8.
U.S. Government Rights: If you are acquiring software (including the related
documentation) on behalf of any part of the United State Government, the following
provisions apply: the software is 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.
W a r r a n t y
Masimo warrants to the initial purchaser that each new pulse oximeter will be free from
defects in workmanship or materials for a period of one (1) year from the date of
purchase. Masimo’s sole obligation under this warranty is to repair or replace any
product that Masimo deems to be covered under warranty with a repaired or a
replacement pulse oximeter.
Batteries are warrantied for six (6) months.
To request a replacement under warranty, contact the licensed manufacturer or Masimo
for a returned goods authorization. If the licensed manufacturer or Masimo determines
that a product must be replaced under warranty, it will be replaced and the cost of
shipment covered. All other shipping costs shall be the responsibility of the purchaser.
E x c l u s i o n s
This warranty does not extend to any product that has been subject to misuse, neglect
or accident; that has been damaged by causes external to the Product; that has been
used in violation of the operating instructions supplied with the product. The warranty
does not extend to any product that has been connected to an unlicensed instrument
system, modified accessories or any unit that has been disassembled or reassembled
by anyone but an authorized Masimo agent.
THIS WARRANTY, TOGETHER WITH ANY OTHER EXPRESS WRITTEN WARRANTY
THAT MAY BE ISSUED BY MASIMO IS THE SOLE AND EXCLUSIVE WARRANTY AS
TO MASIMO’S PRODUCTS. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY
ORAL OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MASIMO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY
ARISING FROM THE USE OR LOSS OF USE OF ANY PRODUCTS.
E n d - u s e r l i c e n s e a g r e e m e n t
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE “PURCHASER,”
AND Masimo Corporation (“MASIMO”). IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PACKAGE, INCLUDING ALL
ACCESSORIES, IN THEIR ORIGINAL PACKAGE, WITH YOUR SALES RECEIPT TO
MASIMO FOR A FULL REFUND.
1.
Grant of License: In consideration of payment of the license fee, which is part of the
price paid for this product, MASIMO grants to Purchaser a nonexclusive,
nontransferable license, without right to sublicense, to use the copy of the
incorporated software/firmware and documentation in connection with Purchaser's
use of the Masimo Products for their labeled purpose. MASIMO reserves all rights
not expressly granted to Purchaser.
2.
Ownership of Software/Firmware: Title to, ownership of, and all rights and interests
s e r v i c e a n d m a i n t e n a n c e
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