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implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, or as to the use of reasonable
skill and care. See the licensing terms for the terms and conditions that apply to and Software accompanying the
Product. Additionally, Masimo will not be liable for any incidental, indirect, special, or consequential loss, damage, or
expense arising from the use or loss of use of any Products or Software. In no event shall Masimo’s liability arising from
any Product or Software (under contract, warranty, tort, strict liability, or otherwise) exceed the amount paid by
purchaser for the Product or Software. The above limitations do not preclude any liability that cannot legally be
disclaimed by contract.
End-User License Agreement
This document is a legal agreement between you (“purchaser”) and Masimo Corporation (“Masimo”) for the purchase of
this Product (“Product”) and a license in the included or embedded Software (“Software”) except as otherwise expressly
agreed in a separate contract for the acquisition of this Product, the following terms are the entire agreement between
the parties regarding your purchase of this Product. If you do not agree to the terms of this agreement, promptly return
the entire Product, including all accessories, in their original packages, with your sales receipt to Masimo for a full
refund.
Restrictions
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,