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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™.
Software License
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.
Use of Device Data
When you use this device it gathers and records data about your use and, if your device connectivity is
enabled, the device sends certain data to ResMed via the cloud to enable ResMed to deliver various
benefits to you and your 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 your device data in compliance with applicable laws and
regulations in your 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 your country or region your device data may constitute
your personal data. If so, ResMed has the obligation to inform you about your rights and freedoms for our
use of your personal data. You can find more details related to our use of your data, your rights to access,
rectify, erase, restrict or object at https://www.resmed.com/myprivacy/.
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