Limitation Of Warranty - Masimo MightySat Manuel De L'utilisateur

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EXCLUSIONS

The warranty does not apply to any non-Masimo branded product or any software, even if packaged with the Product, or any

Product that was: (a) not new or in its original packaging when supplied to purchaser; (b) modified without Masimo's written

permission; (c) supplies, devices, or systems external to the Product; (d) disassembled, reassembled, or repaired by anyone

other than a person authorized by Masimo; (e) used with other products, like new sensors, reprocessed sensors, or other

accessories, not intended by Masimo to be used with the Product; (f ) not used or maintained as provided in the operator's

manual or as otherwise provided in its labeling; (g) reprocessed, reconditioned, or recycled; and (h) damaged by accident,

abuse, misuse, liquid contact, fire, earthquake or other external cause.

No warranty applies to any Product provided to Purchaser for which Masimo, or its authorized distributor, is not paid; and

these Products are provided AS-IS without warranty.

LIMITATION OF WARRANTY

Except as otherwise required by law or altered by the purchase agreement, the above warranty is the exclusive warranty

that applies to the Product and software media, and Masimo does not make any other promises, conditions, or warranties

regarding the Product. No other warranty applies, express or implied, including without limitation, any implied warranty

of merchantability, fitness for a particular purpose, satisfactory quality, or as to the use of reasonable skill and care. In so

far as the above warranties cannot be disclaimed, Masimo limits the duration and remedies of the warranties to the du-

ration and to the remedies set forth above and as permitted by law. See the licensing terms for the terms and conditions

that apply to and Software accompanying the Product. Additionally, Masimo will not be liable for any incidental, indirect,

special, or consequential loss, damage, or expense arising from the use or loss of use of any Products or Software. In no event

shall Masimo's liability arising from any Product or Software (under contract, warranty, tort, strict liability, or otherwise) exceed the

amount paid by purchaser for the Product or Software. The above limitations do not 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 re-

garding 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 the terms of this Agreement. Nothing in this License provides any rights beyond those provided by 17 U.S.C.

§117.

2. Use Restrictions: Purchaser may physically transfer the Product from one location to another provided that the Software is not copied. Purchaser may not electronically

transfer the Software from the Product to any other instrument. Purchaser may not disclose, publish, translate, release, distribute copies of, modify, adapt, translate,

reverse engineer, decompile, disassemble, or create derivative works based on the Software or the written materials.

3. Transfer Restrictions: In no event may Purchaser transfer, assign, rent, lease, sell, or otherwise dispose of the Product or the Software on a temporary basis. Purchaser

shall not assign or transfer this License, in whole or in part, by operation of law or otherwise without Masimo's prior written consent; except that the Software and all

of Purchaser's rights hereunder shall transfer automatically to any party that legally acquires title to the Product with which this Software is included. Any attempt to

assign any rights, duties or obligations arising hereunder other than as set forth in this paragraph shall be void.

4. U.S. Government Rights: If Purchaser is acquiring Software (including the related documentation) on behalf of any part of the United State Government, the following

provisions apply: the Software and documentation are deemed to be "commercial software" and "commercial computer software documentation, " respectively

pursuant to DFAR Section 227.7202 FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software

(including the related documentation) by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited

except to the extent expressly permitted by the terms of this Agreement.

SPECIFICATIONS

Performance Specifications

Condition

No Motion [1]

Motion [2]

Low perfusion [3]

*See the SpO

Performance Specifications section for additional SpO

Condition

No Motion [4]

Motion [4]