
2
ResMed Product Software License Terms
Ownership: This ResMed product includes ResMed proprietary software owned or licensed to ResMed
(the "Product Software"). The Product Software is licensed to the owner and user of the ResMed product
as such license is described below. Neither the Product Software nor any intellectual property rights in the
Product Software are sold or assigned by ResMed, and ResMed retains all interest to software,
modifications, improvements, upgrades, derivative works and all other intellectual property rights in
connection with the Product Software.
License: Subject to the terms and conditions below, ResMed grants to the owner and/or user of the
ResMed product a non-exclusive, non-transferable (save as further provided for below), non-sublicensable,
personal, limited license to use the Product Software solely in connection with the use of the ResMed
product. All other rights are reserved by ResMed. The owner and user of the ResMed product will be
deemed to have transferred and assigned this license to any person that acquires the owner’s or the
user’s rights in the ResMed product that includes the Product Software.
License Restrictions: No person or entity is licensed or authorized to (a) reproduce, distribute, create
derivative works, modify, display, perform, decompile or attempt to discover the source code for the
Product Software, (b) remove or attempt to remove the Product Software from the ResMed product, or (c)
reverse engineer or disassemble the ResMed product or the Product Software. Any person or entity that
does any of the foregoing is in breach of the license to use the Product Software and is infringing
ResMed’s intellectual property rights in the Product Software. For avoidance of doubt, the foregoing
restrictions are not intended to limit any licensee’s rights to software code incorporated into or distributed
with the Product Software and licensed under the terms of any open source, free or community software
license (collectively, "Open Source Software"). NOTWITHSTANDING THE TERMS OF THIS LICENSE, ANY
SUCH OPEN SOURCE SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS AT THE SOLE RISK OF THE
OWNER AND USER OF THE RESMED PRODUCT, AND RESMED MAKES NO EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND WITH RESPECT TO SUCH OPEN SOURCE SOFTWARE.
Breach of License Terms: If the owner or user of the ResMed product breaches the license or the
license restrictions set forth above (a "Breach"), then ResMed will be entitled to all available remedies at
law and in equity. In addition, in the event of a Breach, ResMed may, to the extent not prohibited by
applicable law (a) suspend or terminate any or all services being provided by ResMed to the owner or user
of the ResMed product, (b) disable the ability of the Product Software to transmit data to the ResMed
cloud, (c) disable the Product Software, or (d) terminate this License. Furthermore, in the event of a
Breach, the person that commits the Breach agrees to indemnify and hold harmless ResMed, and its
affiliates and each of their respective directors, officers, employees and agents from and against all claims,
suits, actions, proceedings, investigations, losses, liabilities, damages, settlement amounts, costs and
expenses (including without limitation reasonable attorneys’ and expert witness’ fees and other costs of
defense) arising out of or related to the Breach.
Download of Product Software Updates: The owner and user of the ResMed product agree that
ResMed and the ResMed product may from time to time download updates and upgrades to the Product
Software on the ResMed product, in each case without notice to the owner or user, and without having to
obtain the consent of the owner or user. Such downloads may be done automatically, and by any means
selected by ResMed, including but not limited to using Bluetooth®wireless technology, WiFi and/or
cellular networks and combinations of various wireless technologies and services for over-the-air (OTA)
updates, as well as wired, memory card and other data transfer technologies. Such updates to the Product
Software might include, without limitation, bug fixes, error corrections, security patches, and new versions
and releases of the Product Software that includes new features and functions.