Limitation Of Warranty - Masimo Rad-G Manuel De L'utilisateur

• Warranty information, a copy of the invoice or other applicable documentation must be included.
• Purchase order number to cover repair if the Rad-G is not under warranty, or for tracking purposes if it is.
• Ship-to and bill-to information.
• Person (name, telephone/Telex/fax number, and country) to contact for any questions about the repairs.
• A certificate stating the Rad-G has been decontaminated for bloodborne pathogens.
• Return the Rad-G to the shipping address listed in Contacting Masimo section.
CONTACTING MASIMO
USA, Canada, and Asia Pacific:
Masimo Corporation
52 Discovery
Irvine, CA 92618, USA
Tel.: 949-297-7000
Fax.: 949-297-7001
www.masimo.com
LIMITED WARRANTY
Masimo warrants to the original end-user purchaser the Masimo-branded hardware product (Rad-G Pulse Oximeter) and any software media
contained in the original packaging against defects in material and workmanship when used in accordance with Masimo's user manuals, technical
specifications, and other Masimo published guidelines for a period of 12 months and any batteries for six (6) months from the original date the
Product was obtained by the end-user purchaser.
Masimo's sole obligation under this warranty is the repair or replacement, at its option, of any defective Product or software media that is covered
under the warranty.
To request a replacement under warranty, Purchaser must contact Masimo and obtain a returned goods authorization number so that Masimo can
track the Product. If Masimo determines that a Product must be replaced under warranty, it will be replaced and the cost of shipment covered. All
other shipping costs must be paid by purchaser.
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 duration 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 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 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.
Europe:
Masimo
International Sàrl
Puits-Godet 10
2000 Neuchatel-Switzerland
Tel:+41 32 720 1111
Fax: +41 32 724 1448
All Other Locations:
Contact your local Masimo representative.
16
39296/9527H-0320