Medical Device Integration
Remote Monitoring and Notification
Analytics and Reports
IMPORTANT – PLEASE READ CAREFULLY: This End User License Agreement (this “Agreement”) is a legally enforceable contract between you (either an individual or an entity) and Masimo Americas, Inc., a Delaware corporation (“Masimo”), regarding your use of Masimo’s proprietary Trace software accompanying or provided under this Agreement, together with the associated Documentation, technical configurations, and technical data (the “Trace Software”). “Documentation” means the user manual and other documentation (including print and online), if any, provided to you with the Trace Software.
In addition, certain third party programs or code (“Third Party Software”) are being provided to you under the terms and conditions of separate and distinct license agreements, copies of which are contained in or can be found at the locations set forth in Schedule A (“Thirty Party Licenses”).
BY CLICKING “I ACCEPT” BUTTON BELOW OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE TRACE SOFTWARE, YOU CONSENT TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THIRD PARTY LICENSES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE AGREEMENT AND THIRD PARTY LICENSES, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THE AGREEMENT OR THIRD PARTY LICENSES, YOU MUST NOT ACCEPT THE AGREEMENT AND MAY NOT USE THE TRACE SOFTWARE.
This Schedule A contains Third Party Licenses for Trace Software. These licenses apply only with respect to the software supplied by the named third party and are made a part of and incorporated by reference into the Trace Software End User License Agreement that references these notices and/or additional terms and conditions.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TOM WU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OFTHE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUTOF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. Address all questions regarding this license to: Henri Torgemane email@example.com
Additionally, the MD5 algorithm is covered by the following notice: Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved. License to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD5 Message-Digest" in all material mentioning or referencing this software or this function.
License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work. RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind.
These notices must be retained in any copies of any part of this documentation and/or software. The MIT License (MIT) Copyright (c)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.