Medtronic PB560 Ventilator System - use these files as inspiration for their own innovations.
The enclosed materials include: (i) design and manufacturing information, documentation and user manuals about the Puritan Bennett 560 ventilator (the “PB 560 Ventilator”) (“Design Materials”) and (ii) software for the PB560 Ventilator in source code and object code form (“Software”). These terms apply to the PB560 Ventilator only and not any other projects you may work on now or in the future with Medtronic. In this license, “you” refers to the entity that has downloaded the Design Materials and Software.
Limited Term. This permissive license is effective from the time you download the Design Materials and Software until the earlier of (i) the final day the WHO’s PHEIC is in effect or (ii) October 1, 2024 (the “Term”).
Medtronic hereby provides you a non-exclusive, royalty-free, world-wide license to the Design Materials to use, make, have made, manufacture, have manufactured, sell and have sold a ventilator (“Your Ventilator”) in response to the COVID-19 pandemic (the “Purpose”). You are free to use, share, distribute, make available to others, publicly display, copy, modify, and build upon the Design Materials for the Purpose.
You may reproduce, modify and distribute the Software only as needed to manufacture and distribute Your Ventilator. Revocability. Medtronic cannot revoke this license during the Term as long as you follow the license terms.
Your sale or distribution of Your Ventilator is conditioned on you obtaining all required regulatory approvals in each country or territory in which you plan to sell or distribute Your Ventilator, and you must comply with all applicable regulatory requirements in those jurisdictions.
You must provide a warning indicating that Your Ventilator was created in response to the COVID-19 pandemic (an example is provided below). You must provide a link to this license, indicate if any changes were made to the Design Materials or the Software, and describe the nature of such changes. You must retain all copyright, patent, trademark, and other proprietary notices in the Design Materials and Software.
COVID-19 Warning: This Ventilator was created for use only in response to the COVID- 19 pandemic. It is provided AS IS.
You are not authorized to use the Medtronic name or the name of any affiliate of Medtronic, or any of their respective logos or trademarks in connection with your activities or Your Ventilator, except as required by regulatory authorities.
If you modify, transform, improve or build upon the Design Materials or the Software (collectively, “Modifications”), you must make your Modifications available under a license that includes terms identical to the terms of this license. Everyone who receives the Design Materials or the Software receives a license from Medtronic under the terms of this license. You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Medtronic does not assume any liability and has no responsibility for the payment of any damages, of any kind (including claims arising out of or related to product liability, negligence, failure to warn, warranty, use or inability to use, regardless of the legal theory on which any such damages or liability may be based and whether or not Medtronic has been advised of the possibility of any such damages or liability), for Your Ventilator or any other ventilator (inclusive of any Software) manufactured by any participant or any other third party based on or derived from the Design Materials or the manufacture, sale, maintenance or support of Your Ventilator or any other ventilator (inclusive of any Software) by any participant or any third party. The use of the Design Materials and Software and the manufacture and sale of Your Ventilator is at your own expense and risk and is intended solely to assist with the public health and medical response to the COVID-19 pandemic.
No warranties with respect to the Design Materials or Software are given. Medtronic makes no express, implied or statutory warranties regarding the Design Materials or Software, their accuracy, functionality or any outcome or results from use of the Design Materials or the Software. Medtronic does not warrant that any of the Design Materials or Software are error or bug-free. Medtronic disclaims the implied warranties of fitness for a particular purpose, merchantability and title. The license may not give you all of the permissions necessary for your intended use of the Design Materials and Software. For example, regulatory permissions, quality management systems, patient safety factors, and other rights may limit how you use the Design Materials and Software.
You hereby agree to indemnify, defend and hold Medtronic and its affiliates, and their respective officers, directors, employees and agents, harmless from any and all claims, demands, proceedings, liabilities, damages, costs, expenses and fees arising out of or related to (i) your use of or inability to use the Design Materials and the Software; (ii) the manufacture, use, sale, import, maintenance or support of Your Ventilator; and (iii) any death or personal injury that directly or indirectly results from any use of or inability to use Your Ventilator.
The enclosed Design Materials and Software remain the property of Medtronic. You do not have any ownership rights or exclusivity to the Design Materials or Software.
This license is governed by the laws of the state of Minnesota, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this license.