Masimo LiDCO Chapter 7: Service and Maintenance
www.masimo.com 61 Masimo
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 the 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 packages, 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: each
new Product and the Software media as delivered are free from defects in workmanship or materials.
Masimo’s sole obligation under this warranty is to replace any product that it deems to be covered under
warranty with a replacement Masimo LiDCO.
To request a replacement under warranty, Purchaser must contact Masimo for a returned goods
authorization. If Masimo determines that a Product must be replaced under warranty, it will be replaced
and the cost of shipment covered. All other shipping costs shall be the responsibility of 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, instruments 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 used in violation of the operating instructions
supplied with the product. 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.
End-User License
1. Grant of License: In consideration of payment of the Software license fee, which is part of the
price paid for the Product, Masimo grants to Purchaser a nonexclusive, nontransferable
(except as set forth below) license (“License”), without right to sublicense, to use the copy of
the Software in connection with Purchaser’s use of the Product for its labeled purpose as set
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