User's Manual

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MINI MITTER, a Respironics Company
SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: BY CLICKING THE “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT” BUTTON, THE USER (“YOU”) AGREE(S) TO BE
BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”). BY CLICKING YES YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE RESTRICTIONS ON: USE CONTAINED IN SECTION
2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS
ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO BE BOUND TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE
SOFTWARE AND (B) RETURN THE SOFTWARE, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN
THIRTY (30) DAYS OF THE PURCHASE DATE.
1. Definitions. “Software” means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement
is provided, including but not limited to (i) MINI MITTER or third party computer information or software; (ii) related explanatory
written materials or files (“Documentation”); and (b) upgrades, modified versions, updates, additions, and copies of the Software,
if any, licensed to you by MINI MITTER (collectively, “Updates”). “Use” or “Using” means to access, install, download, copy or
otherwise benefit from using the functionality of the Software in accordance with the Documentation. “Permitted Number”
means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by MINI MITTER. “Computer” means
an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence
of instructions. “MINI MITTER” means MINI MITTER, a Respironics Company, 20300 Empire Ave., Bldg B-3, Bend, Oregon 97701.
2. Software License.
2.1 Grant. MINI MITTER owns all intellectual property in the Software. MINI MITTER hereby grants you a limited, non-exclusive
license to Use the Software only in accordance with the terms of this Agreement and for the purposes described in the
Documentation. Use of some third party materials included in the Software may be subject to other terms and conditions found
in a separate license agreement.
2.2 General Use. You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of
Computers.
2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on
any Computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under
Section 4.
2.4 No Modification. You may not alter or modify the Software or create a new installer for the Software. The Software is
licensed and distributed by MINI MITTER for Use with its data collection hardware products.
3. Intellectual Property Ownership and Copyright Protection. The Software and any authorized copies that you make are the
intellectual property of and are owned by MINI MITTER. The structure, organization and code of the Software are the valuable
trade secrets and confidential information of MINI MITTER. The Software is protected by law, including without limitation, the
copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated
herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted
are reserved by MINI MITTER. You hereby recognize that MINI MITTER retains all intellectual property rights in the Software,
Documentation and all MINI MITTER confidential information, including without limitation, all corrections, modifications and
other derivative works to the Software. You hereby assign to MINI MITTER all intellectual property rights you may now or hereafter
possess in the Software, Documentation and MINI MITTER confidential information, and all derivative works thereof and you
agree to execute all documents, and take all actions, that may be necessary to confirm such rights. You agree to observe complete
confidentiality with respect to the MINI MITTER confidential information; not to disclose, or permit any third party or entity access
to, the MINI MITTER confidential information (or any portion thereof) without prior written permission of MINI MITTER, and to
insure that any employees, or any third parties who receive access to the MINI MITTER confidential information, are advised of the
confidential and proprietary nature thereof and are prohibited from copying, utilizing or otherwise revealing the MINI MITTER
confidential information. You agree to employ with regard to the MINI MITTER confidential information commercially reasonable
procedures that are no less restrictive than the strictest procedures used by it to protect its own confidential and proprietary
information.
4. Restrictions.
4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must
contain the same copyright and other proprietary notices that appear on or in the Software, indicating that the Software are
owned by MINI MITTER.
4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the Software.