Rad-8 Signal Extraction Pulse Oximeter Operator’s Manual 9-7
9
service / maintenance
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.
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