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Software License
End User License Agreement:
CDI OneView System Software
Important/read carefully: This License Agreement (“Agreement”) is a legal agreement
between you and Terumo Cardiovascular for the computer software installed on the
CDI OneView, which includes computer software and associated documentation
(“SOFTWARE”). By using the SOFTWARE, you agree to be bound by the terms of this
Agreement. The SOFTWARE is protected by copyright laws and treaties, as well as other
intellectual property laws. The SOFTWARE is licensed, not sold, to you.
1. GRANT OF LICENSE. You are hereby granted a non-exclusive, non-transferable,
non-assignable license to install and use one copy of the SOFTWARE on the CDI
OneView. The SOFTWARE is intended specically for use on the CDI OneView,
and may not under any circumstances be utilized or operated on any other
processor without the express written permission of Terumo Cardiovascular.
2. LIMITATIONS. You agree to not decompile, decrypt, disassemble, reverse
engineer, or otherwise reduce the SOFTWARE to a human-perceivable form,
even if such activity is expressly permitted by applicable law in the absence of
an agreement. You may not rent or lease the SOFTWARE.
3. UPGRADES. If you receive an upgrade or other revision to the SOFTWARE you
agree to immediately install the upgrade on the CDI OneView. The upgrade
will be considered SOFTWARE for the purposes of this Agreement.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but
not limited to any source code, object code, images, and text incorporated
into the SOFTWARE), the accompanying printed materials, and any copies of
the SOFTWARE are owned by Terumo Cardiovascular. As the SOFTWARE is
copyrighted, you must treat the SOFTWARE as you do any other copyrighted
material except that you may make one copy of the SOFTWARE for backup
purposes. You may not copy the printed materials accompanying the
SOFTWARE.
5. TERMINATION. You may terminate this Agreement at any time without notice
to Terumo Cardiovascular. This Agreement will terminate immediately without
notice to you if you fail to strictly comply with the terms of this Agreement.
This Agreement will also terminate should there be an unremedied breach
of your obligations under any Bundle Purchase Agreement, Equipment Loan
Agreement, or other agreement with Terumo Cardiovascular pertaining to the
CDI OneView System. Upon any such termination, you will immediately cease
utilizing the SOFTWARE and return the SOFTWARE to Terumo Cardiovascular.
These termination provisions shall be in addition to any other remedies
available to Terumo Cardiovascular at law or equity.
6. LIMITED WARRANTY. Terumo Cardiovascular warrants only that the SOFTWARE
will, for a period of one year following shipment of the CDI OneView, function
in accordance with the instructions furnished with the SOFTWARE. Should the
SOFTWARE fail to properly function, Terumo Cardiovascular’s sole obligation
will be to utilize reasonable commercial efforts to resolve the problem, or at the
option of Terumo Cardiovascular, to replace the SOFTWARE. To obtain warranty
service, contact Terumo Cardiovascular at the address listed in “Notices”
below. TERUMO CARDIOVASCULAR DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. TERUMO CARDIOVASCULAR DOES
NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, OR THAT THE
SOFTWARE WILL BE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS.
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