End User License Agreement - Astute Medical ASTUTE140 METER Manual Del Usuario

ASTUTE140 Meter
®

End User License Agreement

PURCHASE AND/OR USE OF THIS PRODUCT SHALL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS
AND CONDITIONS of this end user license agreement
Astute Medical, Inc. (together with its affiliates, "Astute") hereby grants to the purchaser/user ("you", "your") of this
product the limited license to use this product solely for the purpose as specified on the approved label therefor. You
hereby agree that you shall use this product solely for such purpose and for no other purpose.
If you do not agree with each of the terms and conditions set forth in this End User License Agreement, please contact
Astute within ten (10) days after receipt of this product to return the unused and unopened product for a full refund.
LIMITED WARRANTY. FOR THE APPLICABLE WARRANTY PERIOD, ASTUTE WARRANTS THAT THIS PRODUCT SHALL
BE (A) OF GOOD QUALITY AND FREE OF MATERIAL DEFECTS, (B) FUNCTION IN ACCORDANCE WITH THE MATERIAL
SPECIFICATIONS REFERENCED IN THE PRODUCT MANUAL, AND (C) APPROVED BY THE PROPER GOVERNMENTAL
AGENCIES REQUIRED FOR THE SALE OF PRODUCTS FOR THEIR INTENDED USE AS DESCRIBED IN THE APPLICABLE
PRODUCT MANUAL OR INSERT THROUGHOUT THE PRINTED EXPIRATION DATE, OR IN THE CASE OF THE ASTUTE140
METER FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF SHIPMENT (THE "LIMITED WARRANTY"). IF THIS
PRODUCT FAILS TO MEET THE REQUIREMENTS OF THIS LIMITED WARRANTY, THEN AS YOUR SOLE REMEDY, ASTUTE
SHALL EITHER REPAIR OR REPLACE, AT ASTUTE DISCRETION, THIS PRODUCT.
EXCEPT FOR THE LIMITED WARRANTY STATED IN THIS SECTION, TO THE EXTENT PERMITTED UNDER APPLICABLE
LAW, ASTUTE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THIS
PRODUCT.
ASTUTE'S MAXIMUM LIABILITY FOR ANY CUSTOMER CLAIM SHALL NOT EXCEED THE NET PRODUCT PRICE PAID THEREFOR.
NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOSS
OF BUSINESS, PROFITS, DATA OR REVENUE, EVEN IF A PARTY RECEIVES NOTICE IN ADVANCE THAT THESE KINDS OF
DAMAGES MIGHT RESULT.
The Limited Warranty above shall not apply if this product has been subjected to physical abuse, misuse, abnormal
use, use inconsistent with the product manual or insert, fraud, tampering, unusual physical stress, negligence or
accidents.
Any warranty claim pursuant to the Limited Warranty shall be made in writing within the applicable Limited Warranty period.
You agree to use this product in strict accordance with all applicable local, state and federal laws, regulations and
guidelines, and industry practices.
You further agree that you shall not resell or otherwise transfer this product to any other person or entity, without
the prior express written approval of Astute Medical, Inc. Information about commercial resale or distribution of the
products of Astute Medical, Inc. may be obtained by e-mailing us at info@astutemedical.com or by writing to us at
Astute Medical Inc., General Atomics Court, MS 02/641, San Diego, CA, 92121, USA.
No amendment or addition to this End User License Agreement shall be binding upon the parties unless reduced to
writing and signed by the respective authorized officers of the parties.
©2020 Astute Medical, Inc. Astute Medical
and AKIRisk
https://www.biomerieux-usa.com/patents. PN 0311 Rev C 2020/01/07
©Astute Medical, Inc. 2020 PN 300153MULTI Rev A 2020/01/07
are registered trademarks of Astute Medical, Inc. in the United States. For patents:
®
End User License Agreement
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