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3. Transfer Restrictions: In no event may Purchaser transfer, assign, rent, lease, sell, or otherwise dispose of
the Product or the Software on a temporary basis. 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; except that the
Software and all of Purchaser’s rights hereunder shall transfer automatically to any party that legally
acquires title to the Product with which this Software is included. Any attempt to assign any rights, duties
or obligations arising hereunder other than as set forth in this paragraph shall be void.
4. U.S. Government Rights: If Purchaser is acquiring Software (including the related documentation) on
behalf of any part of the United State Government, the following provisions apply: the Software and
documentation are 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, performance, 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.
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