MASIMO Sample Clauses
The MASIMO clause typically refers to a provision related to the use, licensing, or integration of Masimo Corporation’s proprietary technology or products within a contract. In practice, this clause may outline the terms under which Masimo’s medical devices, software, or intellectual property can be used, including any restrictions, compliance requirements, or obligations for maintenance and support. Its core function is to clearly define the rights and responsibilities of the parties regarding Masimo technology, thereby reducing the risk of misuse and ensuring both legal compliance and operational clarity.
MASIMO has acquired and expects to continue to acquire a reputation for excellence, and its Trademark has and will continue to acquire valuable goodwill.
MASIMO has acquired substantial Know-How (as defined below) in extracting signals from signals contaminated by noise.
MASIMO grants to ICC a personal, non-transferable, and non-exclusive worldwide license to incorporate the MS Boards into the Licensed Devices, to demonstrate Licensed Devices, and to distribute Licensed Devices to End-Users and Distr1"butors. This license includes the right to ICC to have the Licensed Devices manufactured by a third party for ICC; however, such Licensed Devices may only be supplied to the marketplace with ICC's or ICC's Distributors' private label and logo exclusively and distributed exclusively through ICC's or its Distr1"butors' distribution channels. In addition, a third party making Licensed Devices for ICC may not also be a Distributor.
MASIMO warrants the MS Boards supplied by MASIMO to ICC under normal use and care for a period of twelve (12) months following receipt by ICC to be free from defects in workmanship or material and to be in material conformity with MASIMO's specifications. Masimo bears all replacement costs if MASIMO reasonably determines that the unit must be replaced under this Warranty. Units returned to MASIMO for warranty repairs shall be shipped to MASIMO freight collect according to MASIMO's instruction. Within thirty (30) days of the receipt of MS Boards, MASIMO shall replace or repair such units and shall ship them to ICC's designated return destination freight prepaid. The foregoing warranties extend to the MS Boards returned by ICC's customers.
MASIMO. Corporation does hereby unconditionally guarantees the full, faithful and timely payment and performance by Tenant of the payments, covenants and other obligations of Tenant under the pursuant of the Lease. If Tenant shall fail at any time in the payment of any rent or any other sums, costs, or changes whatsoever or in the performance of any of the other covenants and obligations of Tenant under or pursuant to the Lease and fail to cure such default within the time provided in the Lease, then the Guarantor, at its expense shall on demand of Landlord fully and promptly, and well and truly, pay all rents, sums, costs anf charges to be paid by Tenant under or pursuant to the Lease as obligations to be performed by Tenant under or pursuant to the Lease and, in addition, shall on Landlord’s demand pay to Landlord any and all sums due to Landlord pursuant to the Lease including all interest and late charges on past charges and past due obligations of Tenant, reasonable costs advanced by Landlord, and all damages andd reasonable expenses (including attorney fee’s and litigation costs), that may arise in consequence of Tenant’s default.