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 dened in Section 4), to electronically access and use the Software, for the sole purpose
of using the Device solely in accordance with the Systems Operations Manual (the “Manual”) .
You are not licensed or permitted under this EULA to do any of the following and shall not allow
any third party to do any of the following: (i) 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 benet 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 this Section 2.
3. RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed not sold, and
APOC reserves all rights not expressly granted to you in this EULA. The Software is the proprietary
and condential property of APOC and its licensors and is protected by copyright, trade secret
and other intellectual property laws. APOC and its licensors own the title, copyright, and other
worldwide intellectual property rights in the Software and all copies of the Software. This EULA
does not grant you any rights to trademarks or service marks of APOC. Alinity, i-STAT, i-STAT
Alinity v and related brand marks are trademarks of the Abbott Group of Companies in various
jurisdictions.
4. TERM AND TERMINATION. The Software is licensed during the time that the Devices
are being used by End User, subject to compliance with the terms of this EULA and the Manual
(the “Term”). This EULA shall terminate automatically if you fail to comply with any of its terms
or conditions, including, without limitation, if you make any attempts to copy the Software, or
transfer any copy of the Software or any portion thereof to another party or any attempt to modify
the Software in any way. Upon termination you must immediately cease using the Software. Any
termination of this EULA shall not affect APOC’s rights hereunder.
5. PR I VAC Y. For details about our privacy policies, please refer to the Privacy Policy contained at
www.pointofcare.abbott (“Privacy Policy”)>. You agree to be bound by the Privacy Policy, as it may
be amended from time to time in accordance with its terms.
6. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE
SOFTWARE, SERVICES, AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE
ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, APOC, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE
PROVIDERS, DEALERS AND SUPPLIERS (IF ANY), (APOC, et al ARE COLLECTIVELY
REFERRED TO HEREIN AS THE “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND
WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE
SOFTWARE, SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY,
AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, APOC MAKES NO WARRANTY, AND PROVIDES NO ASSURANCE,
i-STAT Alinity v — User Manual 650-7100 Rev. A73
To Next Page
Loading...
