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PLEASE READ THIS KERARING WEB-BASED NOMOGRAM LICENSE AGREEMENT (THIS “AGREEMENT”). THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND MEDIPHACOS S. A., (“MEDIPHACOS”). BY CHOOSING TO ACCEPT ON THIS SCREEN, LICENSEE IS AGREEING TO THE TERMS OF THIS AGREEMENT. IF LICENSEE CANNOT ACCEPT THE TERMS OF THIS AGREEMENT, USE THIS OPPORTUNITY TO DECLINE. LICENSEE’S ACCESS TO AND USE OF THE KERARING WEB-BASED NOMOGRAM PROVIDED BY MEDIPHACOS TO LICENSEE (THE “NOMOGRAM”) IS COVERED BY THE TERMS OF THIS AGREEMENT.
1. LICENSEMEDIPHACOS grants Licensee the right to access and use the Nomogram for the limited purpose of performing surgical plans to help determine the recommended Keraring size and/or its suggested axis placement.
2. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTSThe Nomogram is owned by Mediphacos and/or its affiliates and is protected by copyright laws and international treaty provisions. Mediphacos and/or its affiliates owns and retains all right, title and interest in and to the Nomogram, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore, apart from the limited license granted in this Agreement, Licensee may not use, copy or distribute the Nomogram without Mediphacos prior written authorization.
3. RESTRICTIONSLicensee may not rent, lease, license, or loan the Nomogram. Licensee may not reverse engineer, decompile, or disassemble the Nomogram, except to the extent the foregoing restriction is expressly prohibited by applicable law. Licensee may not make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Nomogram.
4. NO WARRANTIESTHE NOMOGRAM IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER. THE DIAGNOSTIC INFORMATION PROVIDED BY THE NOMOGRAM IS PROVIDED FOR LICENSEE’S CONVENIENCE, BUT SHOULD NOT BE USED FOR FINAL DIAGNOSIS OR AS A SUBSTITUTE FOR LICENSEE’S MEDICAL EXPERTISE. WHILE EFFORTS HAVE BEEN MADE TO MAKE THE INFORMATION PROVIDED BY THE NOMOGRAM HELPFUL, MEDIPHACOS DOES NOT WARRANT THE ACCURACY OF THE INFORMATION OBTAINED FROM THE NOMOGRAM. LICENSEE ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE NOMOGRAM TO ACHIEVE LICENSEE’S INTENDED RESULTS AND FOR THE USE OF AND RESULTS OBTAINED FROM THE NOMOGRAM. MEDIPHACOS MAKES NO WARRANTY THAT THE NOMOGRAM WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIPHACOS DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE NOMOGRAM.LICENSEE HEREBY ACKNOWLEDGES THAT THE NOMOGRAM MAY NOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE NOMOGRAM, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, ACTIONS AND OMISSIONS OF THIRD PARTIES, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF MEDIPHACOS. THEREFORE, MEDIPHACOS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR NOMOGRAM AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.
5. LIMITED LIABILITYLICENSEE ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM LICENSEE’S USE OF THE NOMOGRAM AND THE INFORMATION CONTAINED IN OR COMPILED BY THE NOMOGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDIPHACOS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE NOMOGRAM, EVEN IF MEDIPHACOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEDIPHACOS TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF US$500.00.
6. GENERALIf any part of this Agreement is contrary to, prohibited by, or deemed invalid or unenforceable under applicable laws or regulations, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, invalid or unenforceable, but the remainder thereof shall not be invalidated thereby and shall be given effect so far as possible.This Agreement can only be modified, including but not limited to any waiver of rights under this Agreement, in a subsequent written agreement between Licensee and Mediphacos and cannot be modified by the oral or unilateral representations of anyone, including either Mediphacos or Licensee. This Agreement is governed by and interpreted in accordance with the laws Brazil, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. Once Licensee has read this Agreement, and agreed to its terms and indicated such acceptance by clicking below, Licensee will be bound by the terms of the Agreement. Mediphacos may terminate this Agreement at any time if Licensee violates its terms. Any waiver by Mediphacos of any term of this Agreement will not be considered a continuing waiver of such right.