Operator's Manual

Chapter 16 End user license agreement
Tempus Pro User/Operator Manual - 41-2001EN-00 – Page 270
16.3 MPEG4 EULA
NOTICE REGARDING VIDEO STANDARDS.
THIS PRODUCT IS LICENSED UNDER ONE OR MORE VIDEO PATENT PORTFOLIO LICENSES SUCH
AS AND WITHOUT LIMITATION VC-1 AND MPEG4 PART2 VISUAL FOR THE PERSONAL AND NON-
COMMERCIAL USE OF A CONSUMER TO:
(i) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS LICENSED UNDER SUCH PATENT
PORTFOLIO LICENSES AND/OR
(ii) DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-
COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO
PROVIDE VIDEO UNDER SUCH PATENT PORTFOLIO LICENSES.
SUCH LICENSE EXTENDS TO THIS PRODUCT ONLY AND ONLY TO THE EXTENT OF OTHER
NOTICES WHICH MAY BE INCLUDED IN THIS DOCUMENT. THE LICENSE DOES NOT EXTEND TO
ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS
LICENSED PRODUCT IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR
ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE
HTTP://WWW.MPEGLA.COM.
16.4 Masimo® EULA
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE "PURCHASER," AND RDT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE
PACKAGE, INCLUDING ALL ACCESSORIES, IN THEIR ORIGINAL PACKAGE, WITH YOUR SALES
RECEIPT TO RDT FOR A FULL REFUND.
1. Grant of License. In consideration of payment of the license fee, which is part of the price paid for
this product, RDT grants to Purchaser a nonexclusive, non-transferable license, without right to sublicense,
to use the copy of the incorporated software/firmware, and documentation in connection with Purchaser's
use of the Masimo Products for their labelled purpose. RDT reserves all rights not expressly granted to
Purchaser.
2. Ownership of Software/Firmware. Title to, ownership of, and all rights and interests in, any MASIMO
software and/or firmware and the documentation, and all copies thereof, remain at all times vested in
MASIMO Corporation, licensor to RDT, and they do not pass to Purchaser.
3. Assignment. Purchaser shall not assign or transfer this License, in whole or in part, by operation of
law or otherwise, without RDT's prior written consent; any attempt without such consent, to assign any
rights, duties or obligations arising hereunder shall be void.
4. Copy Restrictions. The software/firmware, mask works, circuit board layouts, and accompanying
written materials are copyrighted. Unauthorized copying of the software, including software that has been
modified, merged, or included with other software, or other written materials is expressly forbidden. You
may be held legally responsible for any copyright infringement that is cause or incurred by your failure to
abide by the terms of this license. Nothing in this license provides any rights beyond those provided by 17
U.S.C. §117.
5. Use Restriction. As the Purchaser, you may physically transfer the products from one location to
another provided that the software/firmware is not copied. You may not electronically transfer the
software/firmware from the products to any other device. You may not disclose, publish, translate, release
distribute copies of, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative
works based on the Masimo Product, the software/firmware, or the written materials without the prior written
consent of RDT. Masimo Sensors that are designated for single use are licensed under Masimo patents for
use on a single patient only, and are not sold. There is no license, implied or otherwise, that would allow
use of single use Masimo Sensors beyond their intended single use. After use of single use Masimo
Sensors, there is no further license granted by Masimo to use the sensors and they much be discarded.
6. Transfer Restrictions. The software/firmware is licensed to the Purchaser, and may not be
transferred to anyone, except other end-users, without the prior written consent of RDT. In no event may