ST. JUDE MEDICAL, INC. AND AFFILIATES CARDIOLOGY SYSTEM SOFTWARE APPLICATION END USER LICENSE AGREEMENT

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1 ST. JUDE MEDICAL, INC. AND AFFILIATES CARDIOLOGY SYSTEM SOFTWARE APPLICATION END USER LICENSE AGREEMENT THIS EULA IS A LEGALLY ENFORCEABLE AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "LICENSEE") AND ST. JUDE MEDICAL, INC. AND ITS AFFILIATES (COLLECTIVELY, "LICENSOR"). BY ACTIVATING AND/OR USING THIS SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT AND THE THIRD PARTY LICENSES INCORPORATED BY REFERENCE HEREIN. BY CLICKING OR OTHERWISE EVIDENCING YOUR ACCEPTANCE OF THE TERMS OF THIS EULA, YOU ARE HEREBY REPRESENTING THAT YOU HAVE THE AUTHORITY TO BIND THE LICENSEE TO THE TERMS OF THIS AGREEMENT. 1. Definitions. (a) "Software" means each version of LICENSOR s proprietary cardiology system software application as incorporated in the PCI Optimization System, including, but not limited to, the ILUMIEN or ILUMIEN Optis systems (hereinafter collectively referred to as the PCI Optimization System or Product ) and LICENSOR s Offline Review Workstation ( ORW ), and distributed on a stand-alone basis as Offline Review Software ( ORS ), together with any related documentation, associated media, printed materials, and online or electronic documentation supplied by LICENSOR. For purposes of this Agreement, Software includes any updates and upgrades to the Software which may be provided to you from time to time by LICENSOR at it sole discretion, together with any recovery version of the Software provided or otherwise made available by LICENSOR to reinstall the original version of the PCI Optimization System, ORW, and/or ORS Software ( Recovery Version ). (b) Third Party Licenses mean the licenses from Third Party Licensors that are hereby collectively incorporated by reference in this Agreement as set forth in the following URL of LICENSOR: ( Legal Notices ), as such Legal Notices may be modified by LICENSOR at its sole discretion from time to time without further notice to Licensee. The terms and conditions of each Third Party License differ from the terms and conditions of this EULA and may impose restrictions on Licensee s use of the Software in addition to those specifically set forth herein. Licensee bears sole liability for its own compliance with the Third Party Licenses in connection with its use of the Software. (c) Third Party Licensor means a party that has licensed software components to LICENSOR for its internal use and incorporation in the Software pursuant to a Third Party License. (d) Purchase Agreement means the written agreement between LICENSOR (or one of LICENSOR s distributors, resellers or agents) and you covering your purchase, lease, rental, procurement, placement or other acquisition of the PCI Optimization System (it being understood and agreed that under no circumstances shall any such distributor, reseller or agent of LICENSOR be authorized to make any representations or warranties on behalf of LICENSOR or with respect to the PCI Optimization System, ORW or Software, or otherwise to vary the terms and conditions of this Agreement). (e) Installation Site means the site of Licensee s facility at which the PCI Optimization System is located and at which Licensee provides services using the PCI Optimization System, as designated in the Purchase Agreement or relevant LICENSOR invoice. Subject to all applicable regulatory requirements, Licensee may move the PCI Optimization System to another Licensee facility and designate such new Installation Site by giving written notice to LICENSOR in the manner provided in this Agreement. (f) Licensee Computer means a designated single, self-contained computer unit owned, leased or otherwise controlled by Licensee at the Installation Site. 2. License Grant. Subject to the terms and conditions of this Agreement and the Third Party Licenses, LICENSOR grants Licensee a limited, nonexclusive, nontransferable, nonsublicensable license to use this Software (in machine readable, object code form only) solely for the purposes of Licensee s own internal review and analysis of medical imaging and physiologic information collected on the PCI Optimization System at the Installation Site in accordance with all applicable FDA and other regulatory approvals as follows: (i) only as an embedded application on the PCI Optimization System if you are accessing this Software as incorporated in the PCI Optimization System, (ii) only as an embedded application on the ORW if you are accessing this Software as incorporated in the ORW, and (iii) only as ORS on up to the specific maximum number of Licensee Computers for which you have paid the applicable license fees as set forth in the Purchase Agreement or relevant LICENSOR invoice. Notwithstanding the foregoing, if the Software is licensed to Licensee on a site-license (vs. system) basis under the Purchase Agreement, Licensee shall be permitted to install the ORS Software on up to a total of five (5) Licensee Computers in addition to the one (1) installation of the Software incorporated in the PCI Optimization System. 3. Third Party Licensor Rights. The Software includes software components provided or otherwise made available by Third Party Licensors to LICENSOR, and may also include Open Source Software ( OSS ) components. Third Party Licensors may have enforceable rights in the components included in the Software and such Third Party Licensors may be able to enforce such rights directly against Licensee. LICENSOR s warranty and indemnity obligations do not apply to any Third Party Licensor (including, but not limited to, OSS) components. 4. Permitted Use. (a) You may use the Software only as expressly authorized in Section 2 (License Grant) above. (b) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes. (c) You agree that LICENSOR may audit your 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 Agreement, you shall reimburse LICENSOR for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such noncompliance. Without limiting the foregoing, such expenses may include software license and any other fees owed to Third Party Licensors by LICENSOR necessary to remain compliant with this Agreement and the Third Party Licenses.

2 5. Prohibited Actions. (a) You may not make or distribute copies of the Software, or remove or electronically transfer the Software from the PCI Optimization System, ORW or Licensee Computer, as the case may be, to another computer or over a network, except in the context of making a data backup of a Licensee Computer (including ORS Software) in accordance with Section 4(b) hereof. (b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. (c) You may not rent, lease, or sublicense the Software, make the Software available for use over a network or as server software, or otherwise use the Software in the operation of a service bureau. (d) You may not modify the Software or create derivative works based upon the Software. (e) You may not alter or remove any copyright notices or proprietary legends in the Software. (f) You may not use the Software to review, analyze, transmit, project or otherwise interact with any medical imaging, physiologic information and/or any other data collected or produced by any system, device or hardware other than the PCI Optimization System. (g) You may not use any product other than the PCI Optimization System, ORW or Licensee Computer to execute the Software code or use the Software in any other manner or for any purpose other than as expressly authorized in the license grant set forth in Section 2 above. (h) You may not use the Software for any purpose other than a purpose that has been specifically approved by the FDA or other applicable regulatory agency. Without limiting the foregoing, LICENSOR may, at its discretion, enable solely in the ORW or ORS Software, certain features that are not approved by the FDA or any other applicable regulatory agency and are provided solely for Licensee s internal research purposes in connection with the review and analysis of medical imaging, physiologic information and/or any other data collected on the PCI Optimization System ( Research-Only Features ). A list of Research-Only Features will be maintained on LICENSOR S Legal Notices set forth at the following URL: as such Legal Notices may be modified by LICENSOR at its sole discretion from time to time without further notice to Licensee. Research-Only Features may never be enabled on a PCI Optimization System. The ORW and ORS Software, and any Research-Only Features enabled therein, may never be used in the course of diagnosing or treating patients. If Licensee finds Research-Only Features enabled on a PCI Optimization System, Licensee shall immediately cease use of the system and notify LICENSOR in writing. LICENSOR may disable any Research-Only Features at any time and for any reason in its sole discretion. Licensee agrees that to the extent Licensee publishes the results of any research which makes use of or incorporates results from Research-Only Features, Licensee will include a statement noting the regulatory status of the Research-Only Features. (i) You may not install or use on the PCI Optimization System or ORW any additional software that provides functions in addition to the Software, unless such additional software is provided by LICENSOR (it being understood and agreed that you may not use any such additional software to access or use desktop functions other than through, in support of, and operating as a part of, the Software). (j) You may not distribute any documentation for the Software to third parties or use such documentation for any purpose other than as expressly granted in Section 2 above. (k) Under no circumstances shall Licensee use the Software or otherwise allow the Software to be used or assessed for the purpose of or otherwise related to developing, enhancing or marketing any product that is in any way competitive or potentially competitive with the PCI Optimization System, the ORW and/or the Software. In the event that you fail to comply with this EULA, LICENSOR may terminate the license set forth in Section 2 (License Grant) hereof and you must return the PCI Optimization System and ORW and destroy all other copies of the Software. All other rights of both parties and all other provisions of this EULA will survive such termination. 6. Software Updates, Upgrades, and Recovery Versions. If this copy of the Software is an update to, upgrade from, or a Recovery Version of an earlier version of the Software, you may NOT continue to use the earlier version copy of the Software to which such update, upgrade, or Recovery Version copy relates. The software update, upgrade, or Recovery Version is considered as new Software and subject to the general terms of this Agreement or, if applicable, the End User License Agreement that accompanies the update, upgrade, or Recovery Version (it is understood and agreed that Licensee must keep any such update, upgrade, or Recovery Version if it was delivered on separate media). 7. Ownership of Software. Licensee agrees that LICENSOR owns (or licenses from Third Party Licensors) all rights, title and interest, including, but not limited to, all copyright, patent, trade secret, trademark and all other intellectual property rights, in the Software and any changes, modifications or corrections to, and any derivative works of, the Software. No title to or ownership of the Software or to any intellectual property or proprietary rights therein is transferred to Licensee. If Licensee is ever held or deemed to be the owner of any copyright rights in the Software or any changes, modifications or corrections to, and any derivative works of, the Software, then Licensee hereby irrevocably assigns to LICENSOR all such rights, title and interest and agrees to execute all documents necessary to implement and confirm the letter and intent of this Section. Notwithstanding the foregoing, LICENSOR does not acquire any right, title or interest to any patient identifying data or medical information recorded on or processed by the Software. 8. Confidentiality. Licensee acknowledges that the Software contains valuable trade secrets and confidential information owned or licensed by Licensor, including but not limited to the development status of the Software, the functionality of the Software, the appearance, content and flow of the Software's screens, the method and pattern of user interaction with the Software, and the content of the Software's documentation. Licensee shall take all commercially reasonable precautions to prevent inadvertent disclosure of the Software, including all trade secrets and confidential information therein. Licensee shall not disclose Software or any part thereof to anyone for any purpose, other than to its employees (or representatives or agents acting on Licensee s behalf) for the purpose of exercising the rights expressly granted under this Agreement. Without limiting the foregoing, Licensee specifically acknowledges and agrees that it shall not permit any third party, nor any employee, representative or agent thereof, that develops, markets, licenses, sells or otherwise provides any systems or products with functionality similar to the functionality of the Product or the ORW, and/or any computer programs with functionality similar to the functionality of the Software, to have access to the Product, the ORW or the Software or to any trade secrets and confidential information therein. The obligations under this Section shall survive any termination of the Agreement. 9. No Representation or Warranty.

3 Licensee and LICENSOR agree that the Software is provided "AS IS" and that LICENSOR makes no representation or warranty as to the Software. Licensee assumes full responsibility for (i) the selection of the Software; (ii) the proper use of the Software; (iii) verifying the results obtained from the use of the Software; and (iv) taking appropriate measures to prevent loss of data, protect against software viruses and prevent software security breaches. LICENSOR makes no representation or warranty that use of the Software complies with any applicable privacy, security and confidentiality laws or regulatory requirements. Licensee is solely responsible for complying with all applicable laws and regulatory requirements in connection with or otherwise related to its use, disclosure, control, handling, processing and/or transfer of any patient identifying data or medical information recorded on or processed by the Software. LICENSOR does not warrant that the Software shall be compatible with any particular user platform, software or interface or that the quality or performance of the Software shall meet Licensee's requirements, achieve any particular results or operate uninterrupted or free from error. Licensee hereby agrees not to use the ORW or ORS Software (or any Research-Only Features enabled therein) or any other version of the Software, whether incorporated in a system or distributed on a stand-alone basis, in the course of treating patients. With respect to the Software incorporated in the PCI Optimization System, Licensee hereby acknowledges and agrees that the Software is not designed, manufactured or intended to provide or otherwise influence any recommendations regarding any particular course of medical treatment or any related patient treatment decisions. Licensee further understands and acknowledges that the Software is not fault-tolerant, and is not designed, manufactured or intended for any use requiring fail-safe performance in which the failure of the Software could lead to death, serious personal injury, severe physical or environmental damage ( High Risk Activities ). Licensee hereby agrees not to use the Software in connection with any High Risk Activities. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS, IMPLIED AND STATUTORY, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DATA ACCURACY, SATISFACTORY QUALITY, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT, RELATED TO THE SOFTWARE, THE PCI OPTIMIZATION SYSTEM, THE ORW OR ANY OTHER PRODUCT IN WHICH THE SOFTWARE MAY BE INCORPORATED, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE, ANY RELATED SUPPORT OR SERVICES AND THIS AGREEMENT. 10. Liability Limitations. EXCEPT FOR ATTORNEYS FEES AND EXPENSES INCURRED DIRECTLY BY LICENSOR UNDER SECTION 11 HEREOF (INDEMNIFICATION) ONLY, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT AND PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE THE SOFTWARE, THE PCI OPTIMIZATION SYSTEM, THE ORW OR ANY OTHER PRODUCT IN WHICH THE SOFTWARE MAY BE INCORPORATED, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, COST OF LOST OR DAMAGED DATA, HARDWARE FAILURE OF MALFUNCTION, OR ANY LIABILITY TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY THEORY FOR ANY MEDICAL TREATMENT OR ANY RELATED PATIENT TREATMENT DECISIONS MADE USING THE PCI OPTIMIZATION SYSTEM, THE ORW OR SOFTWARE OR ANY USE OF THE PCI OPTIMIZATION SYSTEM, THE ORW OR SOFTWARE THAT IS OUTSIDE OF THE SCOPE OF THEIR APPROVED REGULATORY USE OR OTHERWISE IN BREACH OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, LICENSEE AGREES THAT IT SHALL HAVE THE SOLE RESPONSIBILITY FOR VERIFYING ANY AND ALL RESULTS OBTAINED FROM USE OF THE SOFTWARE. LICENSOR s CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER, WHETHER ANY CLAIM FOR DAMAGES IS BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY OR OTHERWISE, SHALL IN NO EVENT EXCEED $10,000 IN THE AGGREGATE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE SUCH LIMIT. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. ABSENT ANY SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE ECONOMIC TERMS, WOULD BE SUBSTANTIALLY DIFFERENT. 11. Indemnification. Except as otherwise provided below, LICENSOR will defend or, at its option, settle, any action brought by a third party against Licensee to the extent such action is based directly on a claim that the Software, as used within the scope of the license set forth in Section 2 (License Grant) hereof, infringes any U.S. issued patent or registered copyright owned by such third party, and will pay the cost of any final judgment awarded to such third party by a court of competent jurisdiction after all appeals have been exhausted (or at the time of a final settlement by LICENSOR) attributable to such claim provided Licensee (i) gives notice to LICENSOR of such action within 10 days of Licensee being aware that such action has commenced or is threatened, (ii) allows LICENSOR to be in a position to control the defense at its discretion in relation to this action, and any settlement negotiations, and (iii) cooperates with LICENSOR in the defense or settlement of such action. LICENSOR shall not be liable hereunder for any costs or expenses incurred by Licensee without LICENSOR s express prior written consent. If LICENSOR believes Software is likely to be the subject of an infringement claim, it may elect to obtain for Licensee a license to continue using Software, replace or modify it to make it non-infringing or terminate the Agreement on written notice to the Licensee. Notwithstanding anything herein to the contrary, LICENSOR shall have no obligation to defend or settle any action (or any other liability) under this Section 11 if the claim of alleged infringement is based upon or involves: (i) the use of other than LICENSOR s current, unaltered Software release, if such would have avoided such alleged infringement; (ii) the use or operation of the Software in combination with products, programs or data not furnished by LICENSOR; or (iii) any modification to the Software made by any person other than LICENSOR. In addition, LICENSOR will have no obligations hereunder if Licensee continues using Software although it has been informed by LICENSOR of an allegation that Software is infringing any third party s patent, copyright or other intellectual property or proprietary rights. The foregoing states the entire obligation and liability of LICENSOR with respect to any infringement by Software of any intellectual property rights or other proprietary rights of Licensee or a third party. In addition to its indemnification obligations under the Purchase Agreement, Licensee shall indemnify, defend and hold harmless LICENSOR and its affiliates, and their respective directors, officers, agents and employees, from and against all claims and liabilities (including attorneys fees) arising out of or in any way relating to Licensee s use or handling of the Software, including, but not limited to, Licensee s compliance with the terms and conditions of this Agreement (and any Third Party Licenses incorporated by reference herein), use of any Research-Only Features, and/or any medical treatment or patient treatment decisions made using the PCI Optimization System, the ORW or the Software, or any use of the PCI Optimization System, the ORW or the Software outside the scope of approved regulatory use or otherwise not in strict accordance with all applicable legal and regulatory requirements or the terms and conditions of this Agreement.

4 12. Termination. This Agreement shall remain in effect until terminated as set forth in this Section 12. This Agreement and the license set forth in Section 2 (License Grant) hereof may be terminated (without fee reduction, where Licensee has actually paid a software license fee) (i) by Licensee without cause on 30 days prior notice; (ii) by LICENSOR, in addition to other remedies, if Licensee is in default under this Agreement or the Purchase Agreement and fails to cure such default within 30 days following LICENSOR s notice of default; and (iii) on notice by either party hereto if the other party ceases to do business in the normal course, becomes insolvent, or becomes subject to any bankruptcy, insolvency, or equivalent proceedings. This Agreement, together with the license set forth in Section 2 (License Grant) hereof, shall terminate automatically and without action or notice by LICENSOR or Licensee if Licensee transfers ownership, possession or control, or otherwise discontinues use, of the PCI Optimization System at any time. Upon termination of this Agreement for any reason, Licensee shall immediately (a) cease using the Software for any purpose, (b) return the Software and all copies thereof (including any copies of computer programs on magnetic media and all related written materials) to LICENSOR, and (c) delete all copies of the Software from all Licensee systems, computers and other devices. Termination of this Agreement shall not relieve Licensee of its obligations to maintain the confidentiality of the Software. 13. Non-Waiver. The delay or failure of either party to exercise any right provided in the Agreement shall not be deemed a waiver. If any provision is held invalid, all others shall remain in force. 14. Governing Law and Venue. This Agreement, the interpretation of this Agreement and any claims or disputes arising out of this Agreement shall be governed by the laws of the State of Minnesota, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods. Any suit arising out of or relating to this Agreement shall be exclusively brought in the state courts of the State of Minnesota in Hennepin or Ramsey County, or in the United States District Court for the District of Minnesota if federal court jurisdiction exists. Any action against LICENSOR under this Agreement must be commenced within one year after such cause of action accrues. The parties hereby consent to the exclusive jurisdiction of such courts, and appropriate appellate courts, in any such action or proceeding and waive any objection to venue. Notwithstanding the foregoing, Licensee acknowledges that its unauthorized use or disclosure of LICENSOR s intellectual property rights and/or confidential information is a violation of this Agreement which may cause irreparable harm for which no adequate remedy at law exists and that, in addition to any other remedies available, LICENSOR shall be entitled, to temporary and/or permanent injunctive or other equitable relief and/or an order for specific performance from any court of competent jurisdiction (without the necessity of posting any bond which is hereby waived). The right to injunctive and other equitable relief under this Agreement shall be cumulative and in addition to whatever other remedies may be available (including a suit for monetary damages). 15. Notice. All notices that are required under this Agreement will be in writing and will be considered effective upon receipt, provided that there is proof of delivery by a third party or written acknowledgement by the recipient. The notices addressed to LICENSOR shall be sent to its address set forth in the Purchase Agreement. The notices addressed to Licensee shall be sent to its address set forth in the applicable price quotation. 16. Government Restricted Rights. This provision applies to all Software acquired directly or indirectly by or on behalf of the United States Government. The Software is a commercial product, licensed on the open market subject to market conditions, and was developed entirely at private expense and without the use of any U.S. Government funds. If the Software is supplied to the Department of Defense, the U.S. Government acquires only the license rights customarily provided to the public and specified in this Agreement. If the Software is supplied to any unit or agency of the U.S. Government other than the Department of Defense, the license to the U.S. Government is granted only with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the Commercial Computer Software License clause of FAR THE MANUFACTURER OF THE SOFTWARE IS LIGHTLAB IMAGING, INC., AN AFFILIATE OF ST. JUDE MEDICAL, INC., LOCATED AT 4 ROBBINS ROAD, WESTFORD, MASSACHUSETTS USA. 17. No Maintenance. Neither LICENSOR nor any Third Party Licensor shall have any obligations under this Agreement to correct any bugs, defects or errors in the Software or to otherwise support or maintain the Software. Updates or upgrades to the Software may be provided to Licensee at the sole discretion of LICENSOR. This Agreement does not obligate LICENSOR or any Third Party Licensor to update or upgrade the Software or to provide to Licensee any updates or upgrades to the Software or any portion of the Software which LICENSOR or such Third Party Licensor may develop at any time. This Section 17 does not affect any customer support or software updates or upgrades for the PCI Optimization System that Licensee may be expressly entitled to under the Purchase Agreement. Except as otherwise established by LICENSOR in writing, LICENSOR s service technician would be responsible for installation of any Software updates and upgrades provided by LICENSOR in its sole discretion. 18. Export Controls. The Software and all related technical information or materials are subject to export controls and are licensable under the U.S. Government export regulations, as well as similar laws and regulations of other countries (Export Laws). You agree to comply fully with all applicable Export Laws to assure that neither the PCI Optimization System or Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws. The Software and any related technical information or materials may not be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department s List of Specially Designated Nationals or the U.S. Commerce Department s Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. Each party shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to conduct its respective activities hereunder. 19. Continued Access. Licensee acknowledges that the Software may contain disabling codes which prevent use of the Software if Licensee is not in compliance with this Agreement or the Purchase Agreement (including, but not limited to, the payment of any applicable license fee for such Software). 20. English Language. The official version of this Agreement is in the English language and this Agreement will be construed in accordance with the English version. Translations of this Agreement into any other language are for only the accommodation of Licensees and shall be of no legal force and effect.

5 21. Miscellaneous. This Agreement contains the entire understanding of the parties and supersedes all other agreements, oral or written, including purchase orders submitted by Licensee, with respect to the subject matter covered in this Agreement. Any other terms and conditions contained in a Licensee purchase order will not apply. In the event of any conflict between the express terms of this EULA and the terms of the Purchase Agreement, the terms of this Agreement shall control. This Agreement may be modified only by a writing executed by an authorized representative of LICENSOR and Licensee. Licensee may not assign, pledge, or otherwise transfer this Agreement, nor any rights or obligations hereunder in whole or in part to any entity. Section headings are for convenience and shall have no effect on interpretation. In the event that it is necessary to undertake legal action to collect any amounts payable hereunder, LICENSOR shall be entitled to recover its costs and expenses including, without limitation, reasonable attorneys' fees. 22. Intellectual Property. GB, FR, CH, IT Patents , DE ; GB, FR , DE ILUMIEN, OPTIS, ST. JUDE MEDICAL, LIGHTLAB IMAGING, GOLDEN IMAGE and the color gold are registered or unregistered trademarks of St. Jude Medical, Inc. and its related companies. ILUMIEN systems enabled for FFR may also be subject to US Patent 6,565,514.

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