Warranty (u.s. only), Software license – ZOLL M Series Defibrillator Rev M User Manual

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M S

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Warranty (U.S. Only)

(a) ZOLL Medical Corporation warrants to the original
equipment purchaser that beginning on the date of
installation, or thirty (30) days after the date of shipment
from ZOLL Medical Corporation's facility, whichever first
occurs, the equipment (other than accessories and
electrodes) will be free from defects in material and
workmanship under normal use and service for the
period of one (1) year. During such period ZOLL Medical
Corporation will, at no charge to the customer, either
repair or replace (at ZOLL Medical Corporation's sole
option) any part of the equipment found by ZOLL Medical
Corporation to be defective in material or workmanship.
If ZOLL Medical Corporation's inspection detects no
defects in material or workmanship, ZOLL Medical
Corporation's regular service charges shall apply. (b)
ZOLL Medical Corporation shall not be responsible for
any equipment defect, the failure of the equipment to
perform any function, or any other nonconformance of
the equipment, caused by or attributable to: (i) any
modification of the equipment by the customer, unless
such modification is made with the prior written approval
of ZOLL Medical Corporation; (ii) the use of the
equipment with any associated or complementary
equipment, (iii) installation or wiring of the equipment
other than in accordance with ZOLL Medical
Corporation's instructions, (iv) abuse, misuse, neglect or
accident. (c) This warranty does not cover items subject
to normal wear and burnout during use, including but not
limited to lamps, fuses, batteries, patient cables and
accessories. (d) The foregoing warranty constitutes the
exclusive remedy of the customer and the exclusive
liability of ZOLL Medical Corporation for any breach of
any warranty related to the equipment supplied
hereunder. (e) Limitation of Liability: ZOLL shall not in
any event be liable to Purchaser, nor shall Purchaser
recover, for special, incidental or consequential damages
resulting from any breach of warranty, failure of essential
purpose, or under any other legal theory including but
not limited to lost profits, lost savings, downtime,
goodwill, damage to or replacement of equipment and
property, even if ZOLL has been advised of the
possibility of such damages.

THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE
AND ZOLL MEDICAL CORPORATION EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES WHETHER
WRITTEN, ORAL, IMPLIED, OR STATUTORY,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.

For additional information, please call ZOLL Medical
Corporation at 1-800-348-9011. International customers
should call the nearest authorized ZOLL Medical
Corporation service center.

Software License

Read this Operator's Manual and License agreement
carefully before operating any of the M Series
products.

Software incorporated into the system is protected by
copyright laws and international copyright treaties as well
as other intellectual property laws and treaties. This
software is licensed, not sold. By taking delivery of and
using this system, the Purchaser signifies agreement to
and acceptance of the following terms and conditions:

1. Grant of License: In consideration of payment of the

software license fee which is part of the price paid for
this product ZOLL Medical Corporation grants the
Purchaser a non-exclusive license, without right to
sublicense, to use the system software in object-code
form only.

2. Ownership of Software/Firmware: Title to,

ownership of and all rights and interests in the
system software and all copies thereof remain at all
times vested in the manufacturer, and Licensors to
ZOLL Medical Corporation and they do not pass to
Purchaser.

3. Assignment: Purchaser agrees not to assign, sub-

license or otherwise transfer or share its rights under
the license without the express written permission of
ZOLL Medical Corporation.

4. Use Restrictions: As the Purchaser, you may

physically transfer the products from one location to
another provided that the software/firmware is not
copied. You may not disclose, publish, translate,
release or distribute copies of the software/firmware
to others. You may not modify, adapt, translate,
reverse engineer, decompile, crosscompile,
disassemble or create derivative works based on the
software/firmware.

NO IMPLIED LICENSE

Possession or purchase of this device does not convey
any express or implied license to use the device with
replacement parts which would, alone, or in combination
with this device, fall within the scope of one or more of
the patents relating to this device.

Note: The M Series software has been validated for use

with Masimo SET pulse oximetry technology.

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