VS 8/VS 8A Vital Signs Monitor Operator’s Manual 6 - 13
No Implied License
Possession or purchase of this device does not convey any express or implied license to
use the device with unauthorized replacement parts which would, alone, or in
combination with this device, fall within the scope of one or more of the patents relating
to this device.
6.9 Masimo Information
Masimo Patents
This posting serves as notice under 35 U.S.C.§287(a) for Masimo patents: http://
www.masimo.com/patents.htm.
No Implied License
Possession or purchase of this device does not convey any express or implied license to
use the device with unauthorized sensors or cables which would, alone, or in
combination with this device, fall within the scope of one or more of the patents relating
to this device.
6.10 Masimo End-User License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU (“PURCHASER”) AND
SHENZHEN MINDRAY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE ENTIRE PACKAGE, INCLUDING ALL ACCESSORIES, IN THEIR
ORIGINAL PACKAGE, WITH YOUR SALES RECEIPT TO SHENZHEN MINDRAY FOR A FULL
REFUND.
1. Grant of License. In consideration of payment of the license fee, which is part of
the price paid for this product, Shenzhen Mindray grants to Purchaser a
nonexclusive, nontransferable license, without right to sublicense, to use the copy
of the incorporated software/firmware, and documentation in connection with
Purchaser's use of the Masimo Products for their labeled purpose. Shenzhen
Mindray reserves all rights not expressly granted to Purchaser.
2. Ownership of Software/Firmware. Title to, ownership of, and all rights and
interests in, any Masimo software and/or firmware and the documentation, and all
copies thereof, remain at all times vested in Masimo Corporation, licensor to
Shenzhen Mindray, and they do not pass to Purchaser.
3. Assignment. Purchaser shall not assign or transfer this License, in whole or in part,
by operation of law or otherwise, without Shenzhen Mindray's prior written
consent; any attempt without such consent, to assign any rights, duties or
obligations arising hereunder shall be void.
6 - 14 VS 8/VS 8A Vital Signs Monitor Operator’s Manual
4. Copy Restrictions. The software/firmware, mask works, circuit board layouts, and
accompanying written materials are copyrighted. Unauthorized copying of the
software, including software that has been modified, merged, or included with
other software, or other written materials is expressly forbidden. You may be held
legally responsible for any copyright infringement that is cause or incurred by your
failure to 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. 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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