Pronto-7 Chapter 8: Service and Repair
www.masimo.com 77 Masimo
shall be deemed the purchase or sale of a Software License as set
forth herein.
3. This Software is proprietary and owned by Masimo or its third party
suppliers and can be used solely in connection with the monitor
described herein.
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.