THAT THE SOFTWARE WILL MEET CERTIFICATION REQUIREMENTS OF ANY
REGULATORY AUTHORITY OR OTHER ASSOCIATION LICENSING AGENCY, WITHIN
OR OUTSIDE OF THE UNITED STATES. APOC DOES NOT WARRANT THAT THE
SOFTWARE IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS,
OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. APOC DOES NOT
WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR
FREE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY
IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF
PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES 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 modied.
i-STAT Alinity v — User Manual 650-7100 Rev. A74
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