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Permissive License – Open Ventilator Files
Project Undertaking
The medical and healthcare communities in the United States and across the world currently
are responding to a medical emergency involving spread of the Novel Coronavirus Disease
(“COVID-19”). On January 30, 2020, the World Health Organization (“WHO”) declared the
outbreak of COVID-19 a Public Health Emergency of International Concern (“PHEIC”), and, on
March 11, 2020, the WHO Director General declared COVID-19 a pandemic. On March 13,
2020, President Donald J. Trump declared a National Emergency in the United States due to the
COVID-19 outbreak.
As the U.S. Food and Drug Administration stated in its March 2020 ventilator guidance (“FDA
Guidance”), it is necessary to maintain an adequate supply of mechanical ventilators “to
support patients who develop respiratory compromise from COVID-19.” Consistent with the
FDA Guidance, and in accordance with the public health and medical response of governmental
agencies around the world, Medtronic is making available this package of materials to enable
participants across industries to leverage their own expertise and resources to evaluate options
for rapid ventilator manufacturing to help doctors and patients dealing with COVID-19.
Enclosed Materials
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.
Modified Permissive License
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”).
Design Materials License. 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.
Software License. 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.
