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 closest to expressing the original intention of the parties
hereto, and this EULA shall be enforceable as so modified in the court in which the provision
was declared invalid or unenforceable. This EULA will be governed by the laws of the state of
Illinois as applied to agreements entered into and to be performed entirely within Illinois, without
regard to its choice of law or conflicts of law principles that would require the application of law
of a different jurisdiction, and applicable federal law. Neither this EULA nor any of Your rights
or obligations hereunder may be assigned by You in whole or in part without the prior written
approval of APOC. Any other attempted assignment shall be null and void. Headings are included
for convenience only, and shall not be considered in interpreting this EULA. As used in this
EULA, the word including means including but not limited to. This EULA does not limit any
rights that APOC may have under trade secret, copyright, patent or other laws. The provisions of
Sections 2, 5, 6, 7, 8 and 11 shall survive the termination of this EULA.
i-STAT
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