Limited Use of Equipment. Possession or purchase of the Equipment does not convey any express or implied license to use the Equipment with unauthorized sensors or cables that would, alone, or in combination with the Equipment, fall within the scope of one or more of the patents relating to the Equipment. The Purchaser will not permit the Equipment to be used by anyone other than the Purchaser’s qualified and trained personnel. Except for use of the serial port to transmit data from the Masimo SET pulse oximeters to other equipment, modification or connection of other Equipment to the Masimo Equipment, including software, hardware and related instruments cannot be made without Masimo’s prior written authorization, which authorization may be withheld at Masimo’s sole discretion. The Equipment, Software, Sensors and related disposable accessories may not be used for any processes, procedures, experiments or any other use for which the Equipment is not intended for use or cleared for use by the Food and Drug Administration (FDA). PROPRIETARY AND CONFIDENTIAL EXHIBIT H EXHIBIT I SERVICE, LICENSE, AND MAINTENANCE AGREEMENTS SELLER: Masimo Americas, Inc. CONTRACT NUMBER: PP-NS-540 PRODUCT CATEGORY: Pulse Oximetry Devices Intentionally omitted. PROPRIETARY AND CONFIDENTIAL EXHIBIT I EXHIBIT J SELLER’S RETURNS GOOD POLICY SELLER: Masimo Americas, Inc. CONTRACT NUMBER: PP-NS-540 PRODUCT CATEGORY: Pulse Oximetry Devices Seller’s policy for returning goods and receiving credit is as follows: • As Member or Authorized Distributor’s (collectively, “Purchaser”) sole remedy and Seller’s sole responsibility with respect to any breach of the Product warranty, Seller shall accept Product for return, and repair or replace such Product, provided that: (i) such Product is returned to Manufacturer due to non-conformity with the warranty provided in Section 12; (ii) such Product is returned to Manufacturer within the warranty period; and (iii) Purchaser must first request and obtain from Seller a Return Material Authorization Number. • In the event of a general recall or a limited recall, whether directed by the Food and Drug Administration or voluntarily on the part of Seller, Purchaser will be refunded for Products subject to such recall that are returned to Seller by Distributor in the amount paid by Purchaser for such Products. All shipping costs will be paid by Seller. All returns from Members will be handled on a direct basis between Seller and such Member unless otherwise agreed by Seller and Purch...
Limited Use of Equipment. […***…]. HPG shall advise *Confidential Treatment Requested Purchasers that the monitors are not intended to be used by anyone other than the Purchaser’s qualified and trained personnel or third party maintenance personnel trained by Vendor (or trained in accordance with Vendor’s maintenance processes in the case where Vendor trains the trainer for the third party service provider). Except as is described in the applicable user documentation or pursuant to Vendor’s maintenance training, the Purchaser may not modify or connect other monitors to the Vendor monitors, including software, hardware and related instruments without Vendor’s prior written authorization, which authorization may be withheld at Vendor’s sole discretion. The Parties acknowledge that the monitors, Software, sensors and related disposable accessories are intended for use for processes, procedures, experiments or any other uses for which are cleared for use by the Food and Drug Administration (FDA).
Limited Use of Equipment. […***…] The monitors are not intended to be used by anyone other than the Purchaser’s qualified and trained personnel or third party maintenance personnel trained by Masimo (or trained in accordance with Masimo’s maintenance processes in the case where Masimo trains the trainer for the third party service provider). Except as is described in the applicable user documentation or pursuant to Masimo’s maintenance training, the Purchaser may not modify or connect other monitors to the Masimo monitors, including software, hardware and related instruments without Masimo’s prior written authorization, which authorization may be withheld at Masimo’s sole discretion. The Parties acknowledge that the monitors, Software, sensors and related disposable accessories are intended for use for processes, procedures, experiments or any other uses for which are cleared for use by the Food and Drug Administration (FDA).
