User's Manual

Radical-7 Chapter 9: Service and Maintenance
www.masimo.com 134 Masimo
liability arising from any product and software (under contract, warranty, tort, strict liability
or other claim) exceed the amount paid by purchaser for the products giving rise to such
claim. the limitations in this section shall not be deemed to 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.
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.
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,
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