Rad-57 Signal Extraction Pulse CO-Oximeter Operator’s Manual
9-5
9
Service and Maintenance
Sales & End-user
License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, (“PURCHASER”) AND MASIMO CORPORATION
(“MASIMO”) FOR THE PURCHASE OF THIS PRODUCT ("PRODUCT”) AND A LICENSE IN THE INCLUDED OR
EMBEDDED SOFTWARE ("SOFTWARE"). EXCEPT AS OTHERWISE EXPRESSLY AGREED IN A SEPARATE
CONTRACT FOR THE ACQUISITION OF THIS PRODUCT. THE FOLLOWING TERMS ARE THE ENTIRE
AGREEMENT BETWEEN PARTIES REGARDING YOUR PURCHASE OF THIS PRODUCT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PRODUCT, INCLUDING
ALL ACCESSORIES, IN THEIR ORIGINAL PACKAGE, WITH YOUR SALES RECEIPT TO MASIMO FOR A
FULL REFUND.
Warranty
Masimo warrants to the initial purchaser for a period of one (1) year from the date of purchase that: (i) each
new Product and the Software media as delivered are free from defects in workmanship or materials, and (ii) the
Product and Software will perform substantially as labeled in the directions for use. Masimo’s sole obligation under
this warranty is to repair or replace any Product or Software that is covered under warranty.
Batteries are not warrantied.
To request a replacement under warranty, Purchaser must contact Masimo for a returned goods authorization. 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
The warranty does not extend to, and Masimo is not responsible for, repair, replacement, or maintenance needed
because of: a) modification of the Product or Software without Masimo’s written authorization; b) supplies, devices or
electrical work external to the Product or not manufactured by Masimo; c) disassembly or reassembly of the Product
by anyone other than an authorized Masimo agent; d) use of the Product with sensors or other accessories other
than those manufactured and distributed by Masimo; e) use of the Product and Software in ways or in environments
for which they are not labeled; and f) neglect, misuse, improper operation, accident, fire, water, vandalism, weather,
war, or any act of God. This warranty does not extend to any Product that has been reprocessed, reconditioned or
recycled.
This warranty also does not apply to any Products provided to Purchaser for testing or demonstration purposes, any
temporary Products modules or any Products for which Seller does not otherwise receive a usage or purchase fee;
all such Products are provided AS-IS without warranty.
THIS WARRANTY, TOGETHER WITH ANY OTHER EXPRESS WRITTEN WARRANTY THAT MAY BE ISSUED
BY MASIMO IS THE SOLE AND EXCLUSIVE WARRANTY AS TO THE PRODUCT AND SOFTWARE. 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 OR SOFTWARE. IN NO EVENT SHALL MASIMO’S LIABILITY ARISING FROM ANY
PRODUCT AND SOFTWARE (UNDER CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHER
CLAIM) EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCTS GIVING RISE TO SUCH
CLAIM. THE LIMITATIONS IN THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE ANY LIABILITY THAT
CANNOT LEGALLY BE DISCLAIMED BY CONTRACT.
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