As noted in the user instructions for the devices listed below, they contain software licensed to us by Microsoft. Under the terms of that licence, we are required to notify you, as a user of such device(s), of certain matters which we have set out below. Please contact us at firstname.lastname@example.org if you have any questions in relation to these terms.
(1) Additional Software
(a) Users shall not install or use, or attempt to install or use, Additional Software on a Device, other than to the extent provided by FPH for that express purpose.
(2) Software Updates
(a) Users must comply with FPH’s instructions in relation to all Software Updates which may, from time to time, be released to them.
(b) Without limiting the generality of clause 2(a), in the event that there are multiple models of the Device, Users must ensure that they only install Software Updates onto the specific model(s) for which those Software Updates have been released(as advised by FPH).
(3) Recovery Images
(a) In the event that FPH provides Users with Recovery Images on a separate device or form of media, Users must ensure that they retain that separate device or media.
(b) Recovery Images are only to be used as a back-up copy for installing or re-installing the Initial Software or any Software Update (as applicable) on the Device in accordance with FPH’s instructions.
(a) Microsoft Software is not fault-tolerant and is not designed or intended for use in any device where failure or any fault in the Microsoft Software could reasonably be seen to lead to death or serious bodily injury of any person, or to severe physical or environmental damage. Microsoft has not authorised FPH to use or distribute Microsoft Software in such high risk circumstances or for such high risk use and any such circumstances or use is strictly prohibited.
(b) FPH is not authorised to, and does not, make any express or implied representations or warranties to any party (including Users) on Microsoft’s behalf. FPH and its service representatives are solely responsible for User support in respect of every aspect of the Device and its associated software, and any queries in relation to the same should be directed to FPH and its service representatives.
When distributing or selling the Device you must:
1) Deliver with the Device, any COA and any Associated Product Materials that are provided to you by FPH with the Device; and
2) Not advertise or give a separate price, or otherwise market or distribute the Microsoft Software as a separate item from the Device
“Additional Software” means any software other than Software Updates that may, from time to time, be added to the Device after its manufacture. Additional Software may include Microsoft Software;
"Associated Product Materials" materials associated with the Microsoft Software, as designated from time to time by Microsoft. Examples of Associated Product Materials include documentation, external media containing software and other tangible materials that relate to the Microsoft Software.
"COA" means the Certificate of Authenticity affixed to the Device
“Device” means the F&P 950 Respiratory Humidifier
“FPH” means any of Fisher & Paykel Healthcare Limited and its associated companies;
“Initial Software” means software (including Microsoft Software) that is installed on the Device on manufacture;
“Microsoft” means Microsoft Corporation and its associated entities;
“Microsoft Software” means any software, in whole or in part, that is licensed by Microsoft to FPH for use on the Device;
“Recovery Image” a copy of the Initial Software or any Software Update;
“Software Updates” means updates as may from time to time be released to Users, of all or any part of the Initial Software (including supplements to, replacements of and re-releases of the same); and
“Users” mean persons, companies or other legal entities that acquire the Device for their respective use, and “User” means any of them.