User's Manual

9-6
Rad-87 Pulse CO-Oximeter Operator’s Manual
9
NOT BE DEEMED TO PRECLUDE ANY LIABILITY THAT CANNOT LEGALLY BE DISCLAIMED
BY CONTRACT.
End-User License
1. Grant of License: In consideration of payment of the Software license fee, which is part of
the price paid for the Product, Masimo grants to Purchaser a nonexclusive, nontransferable
(except as set forth below) license (“License”), without right to sublicense, to use the copy
of the Software in connection with Purchaser’s use of the Product for its labeled purpose
as set forth in these directions for use. Masimo reserves all rights not expressly granted to
Purchaser.
2. Ownership of Software: The Software is licensed not sold; all rights and interests in the
Software and all copies thereof remain at all times vested in Masimo, and do not pass to
Purchaser. Any references in this Agreement to the purchase or sale of the Software shall
be deemed the purchase or sale of a Software License as set forth herein.
Service & Maintenance