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9-10 Radical-7 Color Display Signal Extraction Pulse Oximeter Operator’s Manual Radical-7 Color Display Signal Extraction Pulse Oximeter Operator’s Manual 9-11

Warranty

Masimo warrants to the initial purchaser that each new Pulse CO-Oximeter will be free

from defects in workmanship or materials for a period of one (1) year from the date of

purchase. Masimo’s sole obligation under this warranty is to repair or replace any product

that Masimo deems to be covered under warranty with a repaired or a replacement Pulse

CO-Oximeter.

Batteries are warranted for six (6) months.

To request a replacement under warranty, contact Masimo for a returned goods authori-

zation. If Masimo determines that a product must be replaced under warranty, it will be

replaced and the cost of shipment covered. All other shipping costs shall be the respon-

sibility of the purchaser.

Exclusions

This warranty does not extend to any product that has been subject to misuse, neglect or

accident; that has been damaged by causes external to the Product; that has been used

in violation of the operating instructions supplied with the Product. The warranty does not

extend to any product that has been connected to an unlicensed instrument system, modi-

fied accessories or any unit that has been disassembled or reassembled by anyone but an

authorized Masimo agent.

THIS WARRANTY, TOGETHER WITH ANY OTHER EXPRESS WRITTEN WARRANTY

THAT MAY BE ISSUED BY MASIMO IS THE SOLE AND EXCLUSIVE WARRANTY

AS TO MASIMO’S PRODUCTS. THIS WARRANTY IS EXPRESSLY IN LIEU OF

ANY ORAL OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY

IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. MASIMO SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL

OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY

ARISING FROM THE USE OR LOSS OF USE OF ANY PRODUCTS.

End-user license agreement

THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE “PURCHASER,”

AND Masimo Corporation (“MASIMO”). 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

MASIMO 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, MASIMO grants to PURCHASER a nonexclusive,

nontransferable license, without right to sublicense, to use the copy of the incor-

porated software/firmware and documentation in connection with PURCHASER’ S

use of the Masimo Products for their labeled purpose. MASIMO reserves all rights

not expressly granted to Purchaser.

service / maintenance

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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 MASIMO, 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 MASIMO's prior written consent; any attempt

without such consent, to assign any rights, duties or obligations arising hereunder

shall be void.

4. Copy Restrictions: The software/firmware 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 other written materials is

expressly forbidden. You may be held legally responsible for any copyright infringe-

ment 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 or distribute copies of the software/

firmware or accompanying written materials to others. You may not modify, adapt,

translate, reverse engineer, decompile, disassemble, or create derivative works based

on the software/firmware. You may not modify, adapt, translate, or create derivative

works based on the written materials without the prior written consent of MASIMO.

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

MASIMO. 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.

8. U.S. Government Rights: If you are acquiring software (including the related docu-

mentation) on behalf of any part of the United State Government, the following provi-

sions 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, perfor-

mance, 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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