Covidien Valleylab LS10 Service Manual page 5

patentable. Customer agrees not to disclose, provide, or otherwise make available such
confidential information, trade secrets or copyrighted material in any form to any third
party. Customer agrees that it will make the Software available only to employees,
contractors, or consultants with a need to know, who are obligated to comply with all
license restrictions contained in this Software License Agreement and to maintain the
secrecy of the Software and all other Confidential Information. Customer is responsible
for the compliance of all users with these obligations.
Customer may, from time to time, request that COVIDIEN incorporate certain features,
enhancements or modifications into the Software. COVIDIEN may, in its sole discretion,
undertake to incorporate such changes and distribute the Software so modified to all or
any of COVIDIEN's customers. All such error corrections, bug fixes, patches, updates or
other modifications provided to COVIDIEN shall be the sole property of COVIDIEN.
This Software License is effective until terminated. Customer may terminate this License
at any time by destroying all copies of Software including any documentation. This
License will terminate immediately upon notice from COVIDIEN if Customer fails to
comply with any provision of this License or any supplier agreement. COVIDIEN may
terminate the Software licenses granted herein and exercise all available rights by giving
written notice, effective immediately, if within ten (10) business days of Customer's
receipt of a reasonably detailed written request to cure, Customer has not cured all
breaches of this License's limitations or restrictions. Upon such termination, Customer will
immediately pay all undisputed fees outstanding, cease use of all Software, return or
delete, at COVIDIEN's request, all copies of the Software in Customer's possession, and
certify compliance with all of the obligations herein to COVIDIEN in writing.
Limited Warranty: COVIDIEN represents and warrants to Customer that the Software
will perform substantially as described in COVIDIEN's then current documentation for
such Software for the longer of (a) the remaining warranty applicable to the product with
which such Software was delivered (not to exceed one year) or (b) ninety (90) days from
the date such Software was shipped or first made available to Customer for electronic
download from COVIDIEN's service site. If you notify COVIDIEN of defects during the
warranty period, COVIDIEN will replace the Software or, at its option, refund the
purchase price. Your remedy for breach of this limited warranty shall be limited to
replacement or refund and shall not encompass any other damages. No dealer,
distributor, agent or employee of COVIDIEN is authorized to make any modification or
addition to the warranty and remedies stated above.
Notwithstanding these warranty provisions, all of COVIDIEN's obligations with respect to
such warranties shall be contingent on Customer's use of the Software in accordance
with this Agreement and in accordance with COVIDIEN's instructions as provided by
COVIDIEN in the documentation, as such instructions may be amended, supplemented,
or modified by COVIDIEN from time to time. COVIDIEN shall have no warranty
obligations with respect to any failures of the Software which are the result of accident,
abuse, misapplication, extreme power surge or extreme electromagnetic field.
This warranty does not apply to any damages, malfunctions, or non-conformities caused
to or by: (i) Customer's use of Software in violation of the license granted under the
Agreement or in a manner inconsistent with any provided documentation; (ii) use of non-
COVIDIEN furnished equipment, software, or facilities with its equipment or Products; (iii)
Customer's failure to follow COVIDIEN's installation, operation, repair or maintenance
instructions; (iv) Customer's failure to permit COVIDIEN timely access, remote or
Valleylab LS10, LS Series Single Channel Vessel Sealing Generator Service Manual v