SECTION 8 SPECIFICATIONS, WARRANTY AND
SOFTWARE LICENSE AGREEMENT
8-6
8.3 SOFTWARE LICENSE AGREEMENT
The computer software (“Licensed Software”) loaded on the A-2000 BIS Monitor
(“System”) is licensed, not sold, to you for use only under the terms of this license.
Aspect Medical Systems, Inc. (“Aspect”) reserves any rights not expressly granted to
you. You own the System, but Aspect retains all ownership rights and title to the
Licensed Software itself.
1. LICENSE: You are hereby granted the non-exclusive right to use the Licensed
Software solely with the specific System on which the Licensed Software was
provided to you.
2. RESTRICTIONS: You shall not transfer the Licensed Software in any manner from
the System to any other computer or system without the prior written consent of
Aspect. You shall not distribute copies of the Licensed Software or its related
documentation to others. You shall not modify or translate the Licensed Software or
its related documentation without the prior written consent of Aspect. The Licensed
Software contains trade secrets and to protect them you may not decompile, reverse
engineer, disassemble, or otherwise reduce the Licensed Software to a human-
perceivable form. If you transfer the System, you have the right to transfer the
Licensed Software provided that the transferee agrees to be bound by the terms and
conditions of this License Agreement.
3. TERMINATION: This License remains effective until terminated. This License will
terminate automatically without notice from Aspect if you fail to comply with any term
or provision of this License. Upon termination of this License, you may not make any
further use of the Licensed Software.
4. LIMITED WARRANTY: THE LICENSED SOFTWARE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO ITS
MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
ASPECT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT SUCH ERRORS IN THE LICENSED SOFTWARE WILL
BE CORRECTED.
5. LIMITATION OF REMEDIES AND DAMAGES: ASPECT’S ENTIRE LIABILITY TO
YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, AND YOUR EXCLUSIVE
REMEDY SHALL BE LIMITED TO THE MONEY PAID FOR THE SYSTEM, WHICH
INCLUDED THE LICENSED SOFTWARE.
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