9-6 Rad-8 Signal Extraction Pulse Oximeter Operator’s Manual
9
service / maintenance
Exclusions continued
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 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.
To Next Page
Loading...
Need help?
General
