Common use of Future Upgrades Clause in Contracts

Future Upgrades. ZOLL agrees that by incorporating the MS-1 Board and MASIMO SET into its Licensed Devices that it will not modify the functionality of the MS-1 Board. ZOLL agrees that it will accept all future upgrades or changes to products as long as (i) the upgrades or changes remain compatible with previous versions in connections and functionality; (ii) the upgrade does not increase the transfer price; (iii) such upgrades and changes do not result in material degradation in performance or functionality of the MASIMO Products; (iv) such upgrades and changes meet and continue to meet all applicable regulatory requirements; and (v) such upgrades and changes are compatible with ZOLL's current products.

Appears in 2 contracts

Sources: Purchasing and Licensing Agreement (Masimo Corp), Purchasing and Licensing Agreement (Masimo Corp)