User's Manual

Root Chapter 11- Service and Maintenance
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Masimo
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. 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 “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.