User's Manual

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Appendix A: License Agreement and Limited Warranty
User Hardware/Software/Product License from Endothelix
IMPORTANT – PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE
INSTALLING OR OTHERWISE USING THE LICENSED HARDWARE AND
SOFTWARE (AS DEFINED BELOW) OR THE PRODUCT WITH WHICH YOU
RECEIVED THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT APPLIES
TO:
a) ALL LICENSED HARDWARE AND ITS USE AS PROGRAMMED BY
ENDOTHELIX ONLY AND MEDICAL AND PHYSICAL DATA ACCUMULATED
FROM COMBINED HARDWARE, SOFTWARE AND PRODUCT USE UNDER THE
PRODUCT AS PROVIDED;
b) ALL LICENSED SOFTWARE AND ITS USE AS PROGRAMMED BY ENDOTHELIX
ONLY AND MEDICAL AND PHYSICAL DATA ACCUMULATED FROM COMBINED
HARDWARE, SOFTWARE AND PRODUCT USE UNDER THE PRODUCT AS
PROVIDED:
c) ALL LICENSED PRODUCTS (AS DEFINED BELOW), and
d) ALL THIRD PARTY PRODUCTS (AS DEFINED BELOW).
SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE
AGREEMENT, OR PERMITTED USE OF THE HARDWARE, SOFTWARE, OR
PRODUCT(S) PROVIDED THROUGH THIS AGREEMENT, PLEASE CONTACT THE
VENDOR FROM WHICH YOU PURCHASED THE LICENSED HARDWARE,
LICENSED SOFTWARE, LICENSED PRODUCT OR THIRD PARTY PRODUCT. YOU
MAY ALSO CONTACT ENDOTHLIX AT THE ADDRESS PROVIDED AT THE END
OF THIS LICENSE AGREEMENT.
This License Agreement is a legal instrument between you (as an individual, company,
organization, or other entity) and Endothelix Inc. (“Endothelix”). By installing, copying, or
otherwise using this Licensed Product, Licensed Hardware or Licensed Software or any Third
Party Product, you agree to be bound by the terms of this License Agreement with respect to the
Licensed Hardware, Licensed Software and Licensed Products. If you do not agree to the terms of
this License Agreement, INCLUDING, WITHOUT LIMITATION, THE LIMITATIONS ON
USE AS PROVIDED IN SECTION 2.4 AND THE RESTRICTIONS ON USE AS PROVIDED
IN SECTION 2.5, do not install, use or copy the Licensed Hardware, Licensed Software or
Licensed Product or the Third Party Product.
For avoidance of doubt, in the event that you have entered into an agreement in writing
(“Subsequent Agreement”) with Endothelix covering the subject matter of this License, then to
the extent any such terms or provisions of such Subsequent Agreement are in conflict with,
different than, or in addition to, the terms and provisions of this license, such terms and
provisions of such Subsequent Agreement shall prevail.
The Licensed Software and the Licensed Products are protected by US patent laws, trade secret
laws, copyright laws, and international treaty provisions as well as other intellectual property
laws and treaties. Therefore, you must treat the Licensed Hardware, Licensed Software and
Licensed Products like any other copyrighted and protected material or product. Therefore, you
must treat the Licensed Hardware, Licensed Software and all intellectual property rights in and to
the Licensed Hardware or Licensed Software and the Licensed Products shall remain with
Endothelix.
1. Definitions
1.1 “Licensed Product(s) “ means the VENDYS
®
, the test probes (whether provided with the