Abbott i-STAT Alinity Operation Manual page 10

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YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO
STATE.
7. LIMITATION OF LIABILITY AND DAMAGES. THE ENTIRE CUMULATIVE LIABILITY OF APOC AND
SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS EULA SHALL BE LIMITED TO FIVE
HUNDRED DOLLARS OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE, WHICHEVER IS LESS. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APOC AND SUPPLIERS SHALL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION
FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR
INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT
MEET APOC'S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF APOC AND/OR ITS
SUPPLIERS, OR EITHER OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
8. AUDIT. You agree that APOC may audit End User's use of the Software for compliance with these
terms at any time, upon reasonable notice. In the event that such audit reveals any use of the
Software by You other than in full compliance with the terms of this EULA, End User shall reimburse
APOC for all reasonable expense related to such audit in addition to any other liabilities End User
may incur as a result of such non-compliance.
9. AMENDMENT. APOC shall have the right, to change or add to the terms of this EULA at any time
upon notice by any means APOC determines in its discretion to be reasonable, including posting
information concerning any such change, addition, deletion, discontinuance or conditions in
Software or on any APOC sponsored web site. Any use of the Software by you after APOC's
publication of any such changes shall constitute your acceptance of this EULA as modified.
10. EXPORT LAW. The Software is subject to U.S. export control laws and may be subject to export or
import regulations in other countries. Unless in compliance with applicable law and specifically
authorized in writing by the APOC prior to any Software access, You shall not export the Software
under any circumstances whatsoever. In any case, You will indemnify and hold the APOC harmless
from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including
reasonable attorney's fees) arising from, or relating to, any breach by You of any of Your obligations
under this section.
11. MISCELLANEOUS. Except as expressly set forth in this EULA, this EULA is a complete statement of
the EULA between you and APOC and sets forth the entire liability of APOC and Suppliers, and your
exclusive remedy with respect to the Software, and its use. Suppliers and their agents, employees,
distributors, and dealers are not authorized to make modifications to this EULA, or to make any
additional representations, commitments, or warranties binding on APOC. The waiver by either
party of a breach of any provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any subsequent breach of that
right or as a waiver of any other right. Any waiver of the terms herein by APOC must be in a writing
signed by an authorized officer of APOC and expressly referencing the applicable provisions of this
EULA. If any provisions of this EULA are determined to be invalid or unenforceable under applicable
law, such provision shall be ineffective to the limited extent of such invalidity or unenforceability,
without rendering invalid or unenforceable the remaining provisions of this EULA. If a court of
competent jurisdiction declares any such provisions to be invalid or unenforceable, the parties
hereto shall request that such court reduce the scope, delete specific words or phrases from the
provision, or replace the provision with a provision that is valid and enforceable and that comes
i-STAT Alinity — System Operations Manual Art: 746982-01 Rev. E
Rev. Date: 02-Nov-2022