Sales & End-User License Agreement; Restrictions - Masimo iSpO2 Operator's Manual

violation of the operating instructions supplied with the product. This warranty does not extend to any Product that
has been reprocessed, reconditioned or recycled.
This warranty also does not apply to any Products provided to Purchaser for testing or demonstration purposes, any
temporary Products Modules or any Products for which Seller does not otherwise receive a usage or purchase fee; all
such Products are provided AS-IS without warranty.
This warranty, together with any other express written warranty that may be issued by Masimo is the sole and
exclusive warranty as to the Product and Software. This warranty is expressly in lieu of any oral or implied warranties,
including without limitation any implied warranty of merchantability or fitness for a particular purpose. Masimo
shall not be liable for any incidental, special or consequential loss, damage or expense directly or indirectly arising
from the use or loss of use of any Products or Software. In no event shall Masimo's liability arising from any Product
and Software (under contract, warranty, tort, strict liability or other claim) exceed the amount paid by purchaser for
the Products giving rise to such claim. The limitations in this section shall not be deemed to preclude any liability
that cannot legally be disclaimed by contract.
Sales & End-User License Agreement
This document is a legal agreement between you ("purchaser") and Masimo Corporation ("Masimo") for the purchase
of this Product ("Product") and a license in the included or embedded Software ("Software") except as otherwise
expressly agreed in a separate contract for the acquisition of this Product, the following terms are the entire
agreement between the parties regarding your purchase of this Product. If you do not agree to the terms of this
agreement, promptly return the entire Product, including all accessories, in their original packages, with your sales
receipt to Masimo for a full refund.

Restrictions

1. Copyright Restrictions: The Software and the accompanying written materials are copyrighted.
Unauthorized copying of the Software, including Software that has been modified, merged, or included
with other software, or the written materials is expressly forbidden. Purchaser may be held legally
responsible for any copyright infringement that is caused or incurred by Purchaser's failure to abide by
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