the Software shall be subject to this Agreement, and
references herein to "Software" shall be deemed to include any such updated
version.
In the event that an updated version of the Software is installed in
the Instrument, Buyer understands that its license to use any previous version
expires upon installation of any such update.
3.3
Subject to HDI's then-current customer support policies and
procedures as in force from time to time (which may change without prior notice
to Buyer), HDI shall use its best efforts to answer any technical support
questions and requests of Buyer concerning the Software.
Buyer understands that
any support that HDI does offer is available only if the Software is used in
full compliance with the requirements of this Agreement.
4.
Restrictions on Uses of System and Software.
4.1
THE SYSTEM AND THE SOFTWARE ARE DESIGNED AND INTENDED ONLY FOR USE
BY CLINICAL RESEARCH INVESTIGATORS AND SCIENTISTS.
BECAUSE OF THE NATURE OF THE
SYSTEM AND THE SOFTWARE, AND BECAUSE OF APPLICABLE REGULATORY REQUIREMENTS, THE
SYSTEM AND THE SOFTWARE MAY BE USED ONLY BY, OR UNDER THE SUPERVISION OF, A
CLINICAL RESEARCH INVESTIGATOR OR SCIENTIST WHO HAS READ AND UNDERSTANDS THE
INSTRUCTIONS FOR USE AND OPERATOR'S MANUAL AND WHO UNDERSTANDS THE USES AND
LIMITATIONS OF THE SYSTEM AND THE SOFTWARE.
FURTHERMORE, THE SYSTEM AND THE
SOFTWARE ARE TO BE USED FOR RESEARCH PURPOSES ONLY AND MAY BE USED ONLY TO
GATHER INFORMATION FOR RESEARCH PURPOSES FROM HUMAN RESEARCH SUBJECTS.
THE
SYSTEM MAY NOT BE USED TO SCREEN, DIAGNOSE, MONITOR OR EVALUATE THE TREATMENT OF
PATIENTS IN ANY MANNER WHATSOEVER.
4.2
THE CLINICAL RESEARCH DATA PROVIDED BY THE SYSTEM AND THE SOFTWARE
ARE TO BE USED AS REFERENCE TOOLS ONLY, AND SHOULD NOT BE GIVEN ANY UNDUE WEIGHT
IN MAKING RESEARCH OR SCIENTIFIC DECISIONS.
SUCH CLINICAL RESEARCH DATA SHOULD
NEVER REPLACE INFORMED MEDICAL JUDGMENT AND SCREENING, MONITORING, DIAGNOSIS
AND/OR EVALUATION OF TREATMENT BY A COMPETENT AND LICENSED PHYSICIAN OR
HEALTHCARE PROFESSIONAL.
4.3
USE UNDER ANY OTHER CIRCUMSTANCES OR BY ANY OTHER PERSON IS
STRICTLY PROHIBITED AND VOIDS ANY WARRANTIES, REPRESENTATIONS AND REMEDIES NOT
OTHERWISE DISCLAIMED BY HDI.
4.4
BUYER SHALL USE THE SYSTEM AND THE SOFTWARE IN A CAREFUL AND
PROPER MANNER AND IN COMPLIANCE WITH THE INSTRUCTIONS FOR USE AND IN COMPLIANCE
WITH ALL APPLICABLE STATE AND FEDERAL AND/OR INTERNATIONAL LAWS AND REGULATIONS.
Page2 of 5
HDI/PulseWaveTM CR-2000 Research RECONDITIONED
CardioVascular Profiling System U.S. Sale and License Agreement
5.
Other Restrictions on Use of Software.
5.1
The Software is CopyrightÓ 1990-2009 Hypertension Diagnostics,
Inc., and portions of the Software are CopyrightÓ 1989-1996 Datalight, Inc. The
Software is protected by U.S. and foreign copyright laws and international
treaties, and Buyer agrees to treat it like any other copyrighted material.
Without limiting the generality of the foregoing, Buyer shall not:
(i) use the
Software on any computer or similar equipment other than the computer
incorporated within the Instrument on which it was supplied by HDI; (ii) make or
transmit any copy of the Software, where the copy is