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FISHER & PAYKEL HEALTHCARE SOFTWARE DOWNLOAD SITE TERMS & CONDITIONS

This page outlines the terms and conditions (Terms) on which Fisher & Paykel Healthcare Limited offers downloads of Fisher & Paykel Healthcare software (Software) and other services (Services) via the website located at http://software.fphcare.com (the Site). References in these Terms to “Fisher & Paykel Healthcare”, “us”, “we” and “our” mean Fisher & Paykel Healthcare Limited. Please read these Terms carefully before attempting to use Software or Services provided via the Site. You acknowledge that by registering with the Site and or using any Software or Services, you agree to be bound by these Terms.

Please click on the button marked "Agree" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to access certain Software or Services from the Site.

1.   THE SITE

1. 1.1

   Fisher & Paykel Healthcare may suspend the Site and/or the Services for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

2. 1.2

   Fisher & Paykel Healthcare reserves the right to make any changes to the Site or Services or to discontinue any aspect or feature of the Site or Services without notice.

3. 1.3

   In the event that Fisher & Paykel Healthcare, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Site, Software and/or Services, and/or your use of the Site, Software and/or Services is in breach of these Terms, Fisher & Paykel Healthcare reserves the right to take any action that it deems necessary, including terminating without notice your use of the Site and, in the case of illegal use, instigating legal proceedings.

4. 1.4

   The Site uses cookies to support a smooth user experience. The cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Cookies are used to better understand how you use the Site and to improve the service. The Site does not use cookies to collect personal data. If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies. However, switching off cookies may restrict your use of the Site.

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2.   SECURITY

1. 2.1

   In order to access certain features of the Site, including the Software and the Services, you may be required to register an account with Fisher & Paykel Healthcare and you may be provided with a login name and password. Should you change your password at any stage, you must select a password that you can easily recall but that would be difficult for others to guess.

2. 2.2

   Some passwords will be unsuitable. These include:

1. (a)

   Sequential number and letter combinations, or using the same number or letter repeatedly.

2. (b)

   Personal information that others may have easy access to (for example, surname, birthday, street, pets' names).

3. (c)

   Passwords you have previously used as a password elsewhere.

3. 2.3

   You must take all reasonable steps to safeguard your login name and password. This includes not revealing them to other people; not leaving your computer unattended when logged onto the Site; and not keeping a physical record of your login name and password.

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3.   USE OF SOFTWARE

1. 3.1

   If you download any Software via the Site, then use of such Software is governed by the terms of such license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the hyperlinks referenced in the Software. If there is any conflict between these Terms and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software.

2. 3.2

   If no license agreement accompanies the Software, use of the Software will be governed by these Terms, including this Section 3.2. Fisher & Paykel Healthcare grants you a non-exclusive and non-transferable right to use the Software. You agree not to modify, translate, reverse engineer, decompile or disassemble the Software or to permit or allow any third party to do so. You also agree to use the Software solely for the purpose specified in the user and technical documentation published by Fisher & Paykel Healthcare in relation to the Software, as updated from time to time, and for no other purpose whatsoever.

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4.   DISCLAIMER

1. 4.1

   Your use of THE SITE and THE SOFTWARE is at your own risk. To the fullest extent ALLOWED by law:

1. (A)

   The SOFTWARE and services provided via THE SITE are provided "as is" and "as available" and without any warranties of any kind, either express or implied; and

2. (B)

   FISHER & PAYKEL HEALTHCARE DOES not warrant that THE SITE OR SOFTWARE will be uninterrupted, secure or error-free, or that the information will be accurate, adequate, current or complete, or that it is suitable for your intended use.

3. (C)

   We may at any time and without notice modify THE SITE, or withhold, suspend or restrict any service available through THE SITE.

4. (D)

   we expressly disclaim any liability which is based on, or arises out of, the SOFTWARE, INFORMATION, SERVICES or material accessed using THE SITE.

5. (E)

   We assume no responsibility for consequences relating directly or indirectly to any action or inaction you take based on the SOFTWARE, information, services, or other material available through THE SITE.

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5.   LIMITATION OF LIABILITY

1. 5.1

   To the extent permitted by law, we will not be liable to you or any third party for any direct, indirect or consequential costs, claims, demands, actions, losses, damages or other liabilities resulting from:

1. (a)

   your use of the Site or the Software; or

2. (b)

   any unauthorised use of your login name and password; or

3. (c)

   any delay or loss of access to, or use of the Site at any time, or any fault or error in the design, content or engineering of the Site or Software; or

4. (d)

   any suspension or restriction of any service available through the Site; or

5. (e)

   malfunction of any equipment or system, or any telecommunications link failure; or

6. (f)

   any cause or event reasonably beyond our control.

2. 5.2

   The limitations of liability set out in this clause 5 shall not apply to:

1. (a)

   liability arising from death or injury to persons caused by negligence;

2. (b)

   liability arising as a result of fraud; and

3. (c)

   anything else which cannot be excluded or limited at law,

3. a

   to which no limit applies.

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6.   RESTRICTIONS ON USE

1. 6.1

   You must not:

1. (a)

   modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or otherwise attempt to alter the Software;

2. (b)

   use any device, including any software or routine, which interferes with the usual operation of the Software; or

3. (c)

   transmit any information or software that contains a virus, spyware, worm or Trojan horse or any other harmful component.

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7.   INTELLECTUAL PROPERTY

1. 7.1

   You acknowledge and agree that:

1. (a)

   Fisher & Paykel Healthcare Limited owns all copyright, trademark and other intellectual property rights in the Site and the Software; and

2. (b)

   other than the right to use the Site and the Software in accordance with these Terms, you do not and will not acquire any rights or ownership of the Site or the Software as a consequence of these Terms or your use of the Site or the Software.

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8.   ALTERATION OF TERMS

1. 8.1

   These Terms may be amended in whole or in part by us from time to time. Amendments will be effective immediately upon posting of the amended Terms on the Site. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of the Site represents your agreement to be bound by the Terms as amended.

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9.   INTERNATIONAL USERS

1. 9.1

   The Services and Software can be accessed from countries around the world and may contain references to Services and Software that are not available in your country. These references do not imply that Fisher & Paykel Healthcare intends to announce such Services or Software in your country.

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10.   GENERAL

1. 10.1

   Any notice provided to Fisher & Paykel Healthcare pursuant to the Terms should be sent to 15 Maurice Paykel Place, East Tamaki, Auckland 2013, New Zealand, Attention: General Counsel.

2. 10.2

   These Terms make up the entire agreement between the parties regarding the Site and supersede any prior agreements.

3. 10.3

   If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

4. 10.4

   If we fail to enforce any of these Terms, it will not be considered a waiver.

5. 10.5

   All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

6. 10.6

   You will comply with all applicable laws when using or accessing the Site, the Services and the Software.

7. 10.7

   These Terms are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in connection with all disputes arising out of or relating to your use of the Site, the Services or the Software.

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