Root Chapter 9: Service and Maintenance
www.masimo.com 93 Masimo
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 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.
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 instrument. Purchaser may not disclose,
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