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Representations, Warranties, Liabilities and Disclaimer v1.0

This document forms part of the license for construction, use, modification and/or distribution of any jfish ‘work’.

  1. In this context ‘work’ is used to mean any intellectual property derived from the jfish project, including, but not limited to:
    • Project documents and web-pages.
    • Specifications, design notes, manufacturing, maintenance and usage documents.
    • Circuit schematics, component lists and printed circuit board artwork.
    • Software/firmware source code.
    • Postings to project discussion, announcement and mailing lists.
    • Any other creative or intellectual product of the jfish project.
  2. jfish devices’ is used to mean both the specific hardware devices developed by the jfish project as well as the associated project works that support the project’s purposes.
  3. Licensor’ is used to mean all of:
    • The jfish project as an organisation.
    • The authors/contributors of the work.
    • The copyright holders of the work.
  4. Your access, modification, distribution and/or use of jfish works occurs in the context of your knowledge, understanding, acceptance and agreement that:
    • Anaesthesia is by its very nature a potentially dangerous activity and should only be performed by medical staff trained in providing anaesthesia.
    • The jfish project is not provided as an instructional resource for providing anaesthesia.
    • Monitoring of patients before, during and after anaesthesia is only part of the provision of safe anaesthetic care.
    • While monitoring contributes importantly to providing safe anaesthetic care, non-functioning, malfunctioning, improperly maintained or improperly used monitoring devices can result in considerable patient and operator harm, morbidity and/or mortality.
    • jfish devices and technology are not a substitute for commercial quality monitoring devices where access to such devices is available.
    • jfish devices are by their very nature experimental and developmental.
    • jfish devices are only intended for use in environments where this is no alternative monitoring technology, and when the use of a jfish device is believed by a skilled and experienced anaesthetist to offer a clear safety benefit over its non-use, in the knowledge that the potential for malfunction is ever present, and that this may result in death or irreversible injury.
    • jfish devices are not authorised or licensed for use in countries where a governing body regulates the use of therapeutic devices, including but not limited to, the United States (Food and Drug Administration), United Kingdom (Medicines and Healthcare products Regulatory Agency) and Australia (Therapeutic Goods Administration).
    • Construction, testing, modification and use of jfish devices should only be undertaken by those with appropriate skills, medical, anaesthetic and biomedical engineering knowledge and training.
    • Like all medical devices, jfish devices require regular inspection, testing and maintenance by skilled individuals in order to maintain safe function and identify life-threatening faults.
  5. Representations and warranties
    • Unless otherwise mutually agreed to by the parties in writing, licensor offers the work as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.
    • The entire risk as to the quality, reliability and performance of the work is with you. Should the work prove defective, you assume the responsibility of all resulting costs and damages.
  6. Limitation of liability
    • In no event will the licensor or any other party who may modify and/or redistribute the work be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the work, even if licensor has been advised of the possibility of such damages.

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