service / maintenance
Restrictions
1. Copy 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 other written materials
is expressly forbidden. Purchaser may be held legally responsible for any copyright
infringement that is cause 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 Restriction: Purchaser may physically transfer the products from one location to
another provided that the software is not copied. Purchaser may not electronically
transfer the software from the products to any other device. Purchaser may not
disclose, publish, translate, release or 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 you are acquiring software (including the related
documentation) on behalf of any part of the United States Government, the
following provisions apply: the software is 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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