User's Manual

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10.3 Return of Materials. Upon termination of this Agreement for any reason, you shall return to MINI MITTER all copies of the
Software, confidential information, Documentation and all other tangible materials related to the Software, including without
limitation, all modifications and derivative works thereof.
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of
this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory
rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of
MINI MITTER. Updates may be licensed to you by MINI MITTER with additional or different terms. This is the entire Agreement
between MINI MITTER and you relating to the Software and it supersedes any prior representations, discussions, undertakings,
communications or advertising relating to the Software.
12. Notice to U.S. Government End Users. The Software and Documentation are “Commercial Items,” as that term is defined at
48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-
1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation
are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all
other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United
States. Manufacturer is MINI MITTER, a Respironics. Company, 20300 Empire Ave., Bldg B-3, Bend, Oregon 97701, USA. For U.S.
Government End Users, MINI MITTER agrees to comply with all applicable equal opportunity laws including, if appropriate, the
provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
(38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through
60-60, 60-250, and 60-741.
13. Compliance with Licenses. You agree that upon request from MINI MITTER or MINI MITTER’s authorized representative, you will
within thirty (30) days fully document and certify that Use of any and all Software at the time of the request is in conformity with
your valid license from MINI MITTER.
14. Specific Exceptions.
14.1 Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta
Software (“Pre-release Software”), then the following Section applies. To the extent that any provision in this Section is in conflict
with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect
to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-
release version, does not represent final product from MINI MITTER, and may contain bugs, errors and other problems that could
cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you “AS-IS”, and MINI MITTER
disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE
SOFTWARE, BUT IT MAY BE LIMITED, MINI MITTER’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF
FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that MINI MITTER has not promised or guaranteed to you that Pre-release
Software will be announced or made available to anyone in the future, MINI MITTER has no express or implied obligation to you to
announce or introduce the Pre-release Software and that MINI MITTER may not introduce a product similar to or compatible with
the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-
release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this
Agreement, if requested by MINI MITTER, you will provide feedback to MINI MITTER regarding testing and use of the Pre-release
Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written
agreement, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will
not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-
release Software or release by MINI MITTER of a publicly released commercial version of the Software, whether as a stand-alone
product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from MINI MITTER
and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding
anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return
or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the
Software when such date is earlier than the date for MINI MITTER’s first commercial shipment of the publicly released (commercial)
Software.
If you have any questions regarding this Agreement or if you wish to request any information from MINI MITTER please use the address
and contact information included with this product to contact us.