I-Stat Alinity Instrument - End User License Agreement - Abbott i-STAT Alinity Operation Manual

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i-STAT ALINITY INSTRUMENT - END USER LICENSE AGREEMENT

Please read the EULA prior to using this device. Your use of the device is conditioned upon your
acceptance of the terms of the EULA.
Any use of this device shall indicate your acceptance of the terms of the EULA.
If you do not accept the terms of the EULA, do not use this device.
The Software, and all intellectual property rights therein, is owned by APOC and its licensors. You may
not (i) use the Software to access or attempt to access any other APOC systems, programs or data that
are not made available for public use; (ii) copy, reproduce, alter, merge, modify, adapt, translate,
republish, upload, post, transmit, resell or distribute in any way the Software (or the Devices) or
decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable
form; (iii) permit any third party to benefit from the use or functionality of the Software via a rental,
lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you
under this EULA; (v) work around any technical limitations in the Software, use any tool to enable
features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or
otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform
or attempt to perform any actions that would interfere with the proper working of the Software; or (vii)
otherwise use the Software except as expressly allowed under the EULA.
The Software is provided "As Is" without warranty of any kind. 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.
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") BEFORE USING THE DEVICE. USE OF THE
DEVICE INDICATES END USER'S ACCEPTANCE OF THIS EULA. ACCEPTANCE OF THIS AGREEMENT IS A
CONDITION TO THE RIGHTS GRANTED HEREIN. IF END USER DOES NOT AGREE WITH THE TERMS OF
THIS EULA, END USER SHOULD NOT USE THE DEVICE.
1. INTRODUCTION. Thank you for selecting the i-STAT Analyzer (which includes certain software
components (collectively, the "Device"). This EULA is a legal agreement between you ("you", "End
User"), and Abbott Point of Care Inc. ("APOC", "we", "our" or "us") that describes the terms and
conditions applicable to your use of the software installed on or used in connection with the
Device, including any software already pre-installed on the Device, software that you may
download from https://www.globalpointofcare.abbott/en/support/istat-brand/istat-alinity.html,
tools and web-based components, together with all modifications, enhancements, updates or
upgrades thereof (collectively, the"Software").
2. LICENSE GRANT AND RESTRICTIONS. Subject to the terms and conditions of this EULA, APOC grants
you a personal, limited, non-exclusive, non-transferable, non-assignable license, during the Term (as
defined in Section 4), to electronically access and use the Software, for the sole purpose of using
i-STAT Alinity — System Operations Manual Art: 746982-01 Rev. E
Rev. Date: 02-Nov-2022