Operator's Manual

Radical-7 Chapter 9: Service and Maintenance
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(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