User's Manual

Table Of Contents
MySentry Monitor
End user software license agreement 51
7 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
MINIMED OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, EVEN IF MINIMED
OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH
STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
8 U.S. Government Acquisition of the Software. This Section applies to all acquisitions of the Software
by or for the U.S. Government (“Government”), or by any prime contractor or subcontractor (at any
tier) under any contract, grant, cooperative agreement, “other transaction” (“OT”), or other activity
with the Government. By accepting delivery of the Software, the Government, any prime contractor,
and any subcontractor agree that the Software qualifies as “commercial” computer software within
the meaning of FAR Part 12, paragraph (b) of FAR Subpart 27.405, or DFARS Subpart 227.7202, as
applicable, and that no other regulation, or FAR or DFARS data rights clause, applies to the delivery of
this Software to the Government. Accordingly, the terms and conditions of this Agreement govern the
Government’s (and the prime contractor and subcontractor’s) use and disclosure of the Software, and
supersede any conflicting terms and conditions of the contract, grant, cooperative agreement, OT, or
other activity pursuant to which the Software is delivered to the Government. If this Software fails to
meet the Government’s needs, if this Agreement is inconsistent in any respect with Federal law, or if
the above cited FAR and DFARS provisions do not govern, the Government agrees to return the
Software, unused, to MiniMed.
9 Export Restriction. You agree that the Product and the Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations.
10 Governing Law and General Provisions. This Agreement shall be governed and construed under the
laws in the State of California without regard to its conflicts of law rules. Any suit brought with
respect to this Agreement may only be brought in Los Angeles, California and must be filed no later
than one year after the date the Software is first acquired. This Agreement will not be governed by