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Rad-5/5v Signal Extraction Pulse Oximeter Operator’s Manual 9-7
9
service / maintenance
in, any MASIMO software and/or firmware and the documentation, and all copies
thereof, remain at all times vested in MASIMO Corporation, licensor to MASIMO, 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 MASIMO's prior written consent; any
attempt without such consent, to assign any rights, duties or obligations arising here-
under shall be void.
4. Copy Restrictions: The software/firmware 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 other written materials is
expressly forbidden. You may be held legally responsible for any copyright infringe-
ment 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 or distribute copies of the
software/firmware or accompanying written materials to others. You may not modify,
adapt, translate, reverse engineer, decompile, disassemble, or create derivative
works based on the software/firmware. You may not modify, adapt, translate, or cre-
ate derivative works based on the written materials without the prior written consent
of MASIMO.
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 con-
sent of MASIMO. In no event may you transfer, assign, rent, lease, sell, or otherwise
dispose of the software/firmware or the products on a temporary basis.
7. Beneficiary: Masimo Corporation is a Beneficiary of this Agreement and has the right
to enforce its provisions.
8. U.S. Government Rights: If you are acquiring software (including the related docu-
mentation) on behalf of any part of the United State Government, the following pro-
visions apply: the software is 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, perform-
ance, 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.
Warranty
Masimo warrants to the initial purchaser that each new pulse oximeter will be free from
defects in workmanship or materials for a period of one (1) year from the date of purchase.
Masimo’s sole obligation under this warranty is to repair or replace any product that
Masimo deems to be covered under warranty with a repaired or a replacement pulse
oximeter.
Batteries are not warrantied.
To request a replacement under warranty, contact Masimo for a returned goods authoriza-
tion. If Masimo determines that a product must be replaced or repaired under warranty, it
will be replaced or repaired and the cost of shipment covered. All other shipping costs shall
be the responsibility of the purchaser.
Exclusions
This warranty does not extend to any product that has been subject to misuse, neglect or
accident; that has been damaged by causes external to the product; that has been used in
violation of the operating instructions supplied with the product. The warranty does not
extend to any product that has been connected to an unlicensed instrument system,
modified accessories or any unit that has been disassembled or reassembled by anyone
but an authorized Masimo agent.
THIS WARRANTY, TOGETHER WITH ANY OTHER EXPRESS WRITTEN WARRANTY
THAT MAY BE ISSUED BY MASIMO IS THE SOLE AND EXCLUSIVE WARRANTY AS
TO MASIMO’S PRODUCTS. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY ORAL
OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MASIMO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY
ARISING FROM THE USE OR LOSS OF USE OF ANY PRODUCTS.
End-user license agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE “PURCHASER,
AND Masimo Corporation (“MASIMO”). 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
MASIMO 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, MASIMO grants to Purchaser a nonexclusive, nontrans-
ferable license, without right to sublicense, to use the copy of the incorporated soft-
ware/firmware and documentation in connection with Purchaser's use of the
Masimo Products for their labeled purpose. MASIMO reserves all rights not
expressly granted to Purchaser.
2. Ownership of Software/Firmware: Title to, ownership of, and all rights and interests
service / maintenance
9-6 Rad-5/5v Signal Extraction Pulse Oximeter Operator’s Manual
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