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You have acquired a device ("TCM4/40 monitor") that includes software licensed by Radiometer Medical ApS
from Microsoft Licensing Inc. or its affiliates ("MS"). Those installed software products of MS origin, as well as
associated media, printed materials and "online" or electronic documentation ("SOFTWARE") are protected by
international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.
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IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE THE DEVICE
OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT Radiometer Medical ApS FOR INSTRUCTIONS
ON RETURN OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT
NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR
RATIFICATION OF ANY PREVIOUS CONSENT).
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GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
You may use the SOFTWARE only on the DEVICE.
NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. Radiometer Medical ApS HAS
INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED
UPON Radiometer Medical ApS TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH USE.
NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided "AS IS" and with all faults. THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT
(INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU
HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE
WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.
Note on Java Support. The SOFTWARE may contain support for programs written in Java. Java technology is
not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in
hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in
which the failure of Java technology could lead directly to death, personal injury, or severe physical or
environmental damage. Sun Microsystems, Inc. has contractually obligated MS to make this disclaimer.
No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL
APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE
LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S.$250.00).
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer,
decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may permanently transfer rights under
this EULA only as part of a permanent sale or transfer of the Device, and only if the recipient agrees to this
EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is of US-origin. You are to comply with all
applicable international and national laws that apply to the SOFTWARE, including the U.S. Export
Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S.
and other governments. For additional information on exporting the SOFTWARE, see
http://www.microsoft.com/exporting/.
End user license agreement for Microsoft Software
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