Operator's Manual

Rad-97 Chapter 16: Service and Maintenance
www.masimo.com 212 Masimo
Exclusions
The warranty does not apply to any non-Masimo branded product or any software, even if
packaged with the Product, or any Product that was: (a) not new or in its original packaging
when supplied to purchaser; (b) modified without Masimo’s written permission; (c) supplies,
devices, or systems external to the Product; (d) disassembled, reassembled, or repaired by
anyone other than a person authorized by Masimo; (e) used with other products, like new
sensors, reprocessed sensors, or other accessories, not intended by Masimo to be used with
the Product; (f) not used or maintained as provided in the operator’s manual or as otherwise
provided in its labeling; (g) reprocessed, reconditioned, or recycled; and (h) damaged by
accident, abuse, misuse, liquid contact, fire, earthquake or other external cause.
No warranty applies to any Product provided to Purchaser for which Masimo, or its authorized
distributor, is not paid; and these Products are provided AS-IS without warranty.
Limitation of Warranty
Except as otherwise required by law or altered by the purchase agreement, the above warranty
is the exclusive warranty that applies to the Product and software media, and Masimo does
not make any other promises, conditions, or warranties regarding the Product. No other
warranty applies, express or implied, including without limitation, any 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.
Sales & 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 device.