Root Chapter 9: Service and Maintenance
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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 State 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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