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abide by the terms of this license. Nothing in this license provides any rights beyond those provided by 17
U.S.C. §117.
5. Use Restriction. As the Purchaser, you may physically transfer the products from one location to another
provided that the software/firmware is not copied. You may not electronically transfer the software/
firmware from the products to any other device. You may not disclose, publish, translate, release distribute
copies of, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works
based on the Masimo Product, the software/firmware, or the written materials without the prior written
consent of Masimo. Masimo Sensors that are designated for single use are licensed under Masimo patents
for use on a single patient only, and are not sold. There is no license, implied or otherwise, that would allow
use of single use Masimo Sensors beyond their intended single use. After use of single use Masimo Sensors,
there is no further license granted by Masimo to use the sensors and they must be discarded.
6. Transfer Restrictions. The software/firmware is licensed to the Purchaser, and may not be transferred to
anyone, except other end-users, without the prior written consent of Shenzhen Mindray. In no event may
you transfer, assign, rent, lease, sell, or otherwise dispose of the software/firmware or the products on a
temporary basis.
7. Beneficiary. Masimo Corporation is a Beneficiary of this Agreement and has the right to enforce its
provisions.
U.S. Government Rights: If you are acquiring software (including the related documentation) on behalf of any
part of the United States Government, the following provisions apply: the software is 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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