Masimo LiDCO Chapter 7: Service and Maintenance
www.masimo.com 62 Masimo
forth in these directions for use. Masimo reserves all rights not expressly granted to
Purchaser.
2. Ownership of Software: The Software is licensed not sold; all rights and interests in the
Software and all copies thereof remain at all times vested in Masimo, and do not pass to
Purchaser. Any references in this Agreement to the purchase or sale of the Software shall be
deemed the purchase or sale of a Software License as set forth herein.
Restrictions
1. Copyright Restrictions: The Software 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 the written materials is expressly
forbidden. Purchaser may be held legally responsible for any copyright infringement that is
caused or incurred by Purchaser’s failure to abide by the terms of this Agreement. Nothing in
this License provides any rights beyond those provided by 17 U.S.C. §117.
2. Use Restrictions: Purchaser may physically transfer the Product from one location to
another provided that the Software is not copied. Purchaser may not electronically transfer
the Software from the Product to any other device. Purchaser may not disclose, publish,
translate, release, distribute copies of, modify, adapt, translate, reverse engineer, decompile,
disassemble, or create derivative works based on the Software or the written materials.
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 States 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.
No Implied License
Possession or purchase of this device does not convey any express or implied license to use the device
with unauthorized Sensors or cables that would, alone, or in combination with the device, fall within the
scope of one or more of the patents relating thereto. BY ACCEPTANCE OR USE OF THIS DEVICE,
YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS.
To Next Page
Loading...
