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Software functionality and device data

This ResMed device is a smart device and includes software functionalities which allow it to be connected to the cloud so that users and their care providers can access data about therapy remotely, receive regular upgrades to the device and much more. Check out https://myair.resmed.com/ to learn about ResMed’s patient coaching application, myAir™.

License Grant. Subject to the terms and conditions below, ResMed grants you, the owner and/or user of this device, a perpetual, non-exclusive, non-sublicensable, personal, limited license to use the ResMed Software solely in connection with the use of this device. All other rights are reserved by ResMed. You will be deemed to have transferred and assigned this license to any person that acquires the owner’s or the user’s rights in this device.

License Restrictions. Software included on or with this device is owned by or licensed to ResMed (the "ResMed Software"). Neither the ResMed Software nor any intellectual property rights in the ResMed Software are sold or assigned by ResMed. 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 ResMed Software, (b) remove or attempt to remove the ResMed Software from the ResMed product, or (c) reverse engineer or disassemble the ResMed product or the ResMed 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 ResMed Software and licensed under the terms of any open source, free or community software license (collectively, "Open Source Software").

Over-the-Air Download of Software Updates. If the device is connected to the cloud, then the ResMed Software on the device will automatically and periodically download updates and upgrades to the ResMed Software on the device. Such downloads may be done by various means including, but not limited to, using Bluetooth® wireless technology, WiFi and/or cellular networks and combinations of various wireless technologies and services. Such updates to the ResMed Software might include, without limitation, bug fixes, error corrections, security patches, and new versions and releases of the ResMed Software that may include changes to existing features or functions and/or the addition of new features and functions.

When this device is used it gathers and records data about use and, if the device connectivity is enabled, the device sends certain data to ResMed via the cloud to enable ResMed to deliver various benefits to the user and the user's care provider(s). Additionally, some of that data may be used by ResMed (1) to comply with its legal obligations; these legal obligations include collection and analysis of device data for medical device post market surveillance and vigilance, and compliance with these legal obligations includes assessing if ResMed is required to implement actions to improve device safety, usability and performance, and (2) to perform health-related research, study and/or evaluation for specific scientific and medico-economic purposes. ResMed will only use device data in compliance with applicable laws and regulations in the user's country or region (for example the GDPR (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data), the MDR (Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on Medical Devices)) in the European Union, and, as applicable, HIPAA (the Health Insurance Portability and Accountability Act of 1996) in the USA). Depending on the data protection or privacy laws of the user's country or region device data may constitute personal data. If so, ResMed has the obligation to inform the user about their rights and freedoms for our use of their personal data. You can find more details related to our use of data, rights to access, rectify, erase, restrict or object at https://www.resmed.com/myprivacy/.