User's Manual
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product directly by sale, resale, lease, or other placement method, directly or indirectly),
and the corresponding component of Endothelix or any Third Party Product with which
this Licensed Agreement was received. The Licensed Product(s) is (are) a stand-alone
product and some Third Party Products are incorporated for component use in the
Licensed Products, as such may be in each case sold, leased, or otherwise made available by
Endothelix and/or third parties. If you have received this License Agreement with a Third
Party Product, this License Agreement applies only to the Licensed Product incorporated
use as a component within the Licensed Product or a Third Party Product.
1.2 “Licensed Software” means the EndothelixVENDYS
®
_software, and the associated
media and accompanying materials provided to you with such EndothelixVENDYS
®
software.
The Licensed Software is a stand-alone software program used only with the Licensed
Hardware and Licensed Product to provide resulting data information from the overall
combined use and operation of the Licensed Software, Licensed Hardware, and Licensed
Product, as in each case sold, leased or otherwise made available, by Endothelix and/or
third parties. If you have received this License Agreement with a Licensed Product, which
incorporates the software as a component within such Licensed Product, this License
Agreement applies to the Licensed Software.
1.3 “Licensed Hardware” means the EndothelixVENDYS
®
software, and the associated
media and accompanying materials provided to you with such
EndothelixVENDYS
®
_software. The Licensed Software is a stand-alone software program
used only with the Licensed Hardware to provide resulting data information from the
overall combined use and operation of the Licensed Software, Licensed Hardware, and
Licensed Product, as in each case sold, leased or otherwise made available, by Endothelix
and/or third parties. If you have received this License Agreement with a Licensed Product,
which incorporates the software as a component within such Licensed Product, this License
Agreement applies to the Licensed Software.
1.4 “Third Party Product” means any product which a Licensed Product or into which any
of the Licensed Product, Licensed Software, or Licensed Hardware is incorporated.
2. LICENSE TO USE, LIMITATIONS AND RESTRICTIONS ON USE
2.1 LICENSE TO USE LICENSED SOFTWARE. Endothelix hereby grants you a non-exclusive
right to use the Licensed Software (i) solely with the Licensed Product(s), and (ii) solely for its
intended use in testing of endothelial function in accordance with the provisions of this License
Agreement and the instructions provided in the documentation accompanying the Licensed
Hardware, Licensed Software and the Licensed Product, subject to the Limitations on Use as
provided in Section 2.5. You may only download the data provided for download by the hardware
and software program functions as provided by Endothelix for pre-programmed use of the
Licensed Product(s). However, you may not cause any Licensed Software, which is not designed
or specifically authorized by Endothelix for use as part of the Product, to execute or be loaded
into the active memory or media of any other computer apart from the computer programmed
system provided on the Licensed Product only.
2.2 LICENSE TO USE LICENSED HARDWARE. Endothelix hereby grants you a non-
exclusive right to use the Licensed Hardware (i) solely with the Licensed Product(s), and (ii)
solely for its intended use in testing of endothelial function in accordance with the provisions of
this License Agreement and the instructions provided in the documentation accompanying the
Licensed Hardware, Licensed Software and the Licensed Product, subject to the Limitations on
Use as provided in Section 2.5. You may not make any copy of the Licensed Hardware for any
purpose, and you may not transfer the Licensed Hardware to any single hard disk for any
purposes.
2.3. LICENSE TO USE LICENSED PRODUCTS. Endothelix hereby grants you an non-