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LRI CALCULATOR SOFTWARE LICENSE AGREEMENT, TERMS OF USE, AND PRIVACY POLICY

PLEASE READ THIS LRI CALCULATOR SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") BY SCROLLING DOWN. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") AND ABBOTT MEDICAL OPTICS INC. ("AMO") AND GOVERNS ACCESS TO AND USE OF THE LRI CALCULATOR SOFTWARE (THE "CALCULATOR"). BY CHOOSING "ACCEPT" ON THIS SCREEN, LICENSEE AGREES TO ALL OF THE TERMS STATED HEREIN. IF LICENSEE CANNOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE USE THIS OPPORTUNITY TO DECLINE BY CHOOSING "DECLINE" BELOW.

The Calculator contains technical information about the use of limbal relaxing incisions (LRIs) for correction of astigmatism in conjunction with intraocular lens (IOL) placement, and is intended for use by physicians only. The information contained herein is derived from the work and nomogram(s) of Eric Donnenfeld, M.D. and Skip Nichamin, MD, and is printed with their permission. The medical opinions and views expressed in the Calculator are Dr. Donnenfeld.s and Dr. Nichamin's and are not necessarily those of AMO.

This Calculator is provided to physicians for educational and convenience purposes only, and is not a substitute for appropriate medical education and training or for the exercise of independent medical judgment. AMO cannot warrant the accuracy or completeness of information that this Calculator provides. Each medical situation should be considered unique to each patient, and all treatments individualized accordingly. AMO does not endorse or recommend any particular technique beyond what is contained in the product labeling, and other techniques may be appropriate in a physicianr's medical judgment.

Any medical procedure has associated complications and risks, and the practice of medicine and standard of care may change over time. AMO cannot warrant that this information will be error-free, and is not responsible for any deletion or inaccuracy. AMO expressly disclaims all liability to any person in respect of all matters and all actions taken or not taken based on any information contained herein. Physicians are advised to consult the product labeling, and any appropriate research literature before implementing any new treatments or techniques.

1. OWNERSHIP.

The Calculator is owned by AMO and/or its affiliates and is protected by United States copyright laws and international treaty provisions. Licensee may not reverse engineer, decompile, or disassemble the Calculator, 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 Calculator. The License below defines the extent of Licensee.s rights with respect to the Calculator.

2. LICENSE AND RESTRICTIONS ON USE.

This Agreement gives Licensee the right to access the Calculator and to use it for the limited purpose of calculating the recommended placement of LRIs, as those are defined by Eric Donnenfeld, M.D. and Skip Nichamin, MD in their nomograms. Said license rights are not transferable or sublicenseable, nor may the Calculator be reproduced or modified without the express consent of AMO and the author. Licensee agrees to use reasonable efforts to prevent unauthorized use, distribution or publication.

By this License, Licensee acquires no ownership right, title or interest in the Calculator, or in any applicable patents, trademarks, copyrights, trade secrets and other intellectual property rights which may be embodied or contained therein.

3. USE AND ENTRY OF PATIENT INFORMATION

Use of this Calculator may involve the entry of patient data, which may be subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Such data, if input, will not be received or utilized by AMO, nor will the data be retained.

4. NO WARRANTIES

THE CALCULATOR IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY WHATSOEVER. LICENSEE ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE CALCULATOR TO ACHIEVE LICENSEE'S INTENDED RESULTS, FOR THE USE OF THE CALCULATOR, AND FOR THE USE OF ANY RESULTS OBTAINED FROM THE CALCULATOR.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ALL STATES AND JURISDICTIONS WHERE SUCH DISCLAIMERS ARE PERMITTED BY LAW, AMO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE CALCULATOR, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AMO EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING SYSTEM AND/OR CALCULATOR AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. BY ACCEPTING THESE TERMS, LICENSEE HEREBY ACKNOWLEDGES THAT, AT ANY GIVEN TIME, THE CALCULATOR MAY NOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ONE OR MORE OF THE FOLLOWING: PERIODIC SYSTEM MAINTENANCE, TECHNICAL FAILURE OF THE CALCULATOR, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE, INCREASED OR FLUCTUATING DEMAND, ACTS OR OMISSIONS OF THIRD PARTIES, ACTS OF GOD, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF AMO.

5. LIMITATIONS ON LIABILITY.

LICENSEE HEREBY EXPRESSLY ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM LICENSEE'S USE OF THE CALCULATOR AND THE INFORMATION CONTAINED IN OR COMPILED BY THE CALCULATOR.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ALL STATES AND JURISDICTIONS WHERE SUCH LIMITATIONS AND EXCLUSIONS ARE PERMITTED, IN NO EVENT WILL AMO 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 CALCULATOR, EVEN IF AMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMO'S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF $500.00.

6. ADDITIONAL PROVISIONS.

Upon acceptance of the terms of this Agreement by clicking "Accept" below, Licensee will be bound by the terms of this Agreement. This License Agreement cannot be modified except in writing signed by AMO.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any rules or principles regarding conflicts of laws or the United Nations Convention on Contracts for the Sale of Goods.

This Agreement may be terminated by AMO at any time for a violation of its terms; any failure by AMO to immediately address or enforce any aspect of this Agreement shall not be considered a general or continuing waiver of such right of termination. AMO may discontinue the Calculator and the availability of the Calculator to Licensee and to others at any time, in AMO's sole discretion.

© 2017 Abbott Medical Optics Inc. PP2017CT1171

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Copyright © 2017 Abbott Medical Optics Inc.

Unless otherwise specified, all product names appearing in this Internet site are trademarks owned by or licensed to Abbott Medical Optics Inc., its subsidiaries or affiliates. No use of any Abbott Medical Optics Inc. trademark, trade name, or trade dress in this site may be made without the prior written authorization of Abbott Medical Optics Inc., except to identify the product or services of the company. PP2017CT1171