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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, 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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