i-STAT Alinity v 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 Alinity v (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 the Abaxis or Abbott Point of Care websites, tools and web-based components,
together with all
modifications, enhancements, updates or upgrades thereof (collectively, the
“Software”).
i-STAT
Alinity v
— User Manual
650-7100 Rev. A
72
