Post-op vault entry

DISCLAIMER & SOFTWARE LICENSE AGREEMENT AND TERMS OF USE

The Micheletti Biometer Adjustment Nomogram™ for ICL sizing (the "Tool") is meant to serve as an adjunct tool to assist physicians in the adjustment of biometer measurements for size selection of Implantable Collamer Lenses (ICLs). The information contained herein is derived from the work and nomogram(s) of Morgan Micheletti, M.D. (the "Author"). The medical opinions and views expressed in this Tool are those of Dr. Micheletti and not those of any manufacturer of ICLs.

Please read this Tool software license agreement and the terms of use (together, the "Agreement") carefully and in its entirety by scrolling down. This Agreement is a legal contract between you ("Licensee") and Ophthalmic Neo-Innovations of Texas ("ONIT") and governs access to and use of the Tool and the underlying software.

By choosing "I UNDERSTAND AND AGREE" at the end of this notice, you as Licensee agree to all the terms stated herein, including all limitations on liability and lack of warranty. You will not be granted access to or permission to utilize the Tool if you do not agree to all the provisions set forth in this Agreement.

1. Ownership. The Tool is owned by ONIT. Licensee may not reverse engineer, decompile, or disassemble the Tool, 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 Tool.

2. Scope of use. This Agreement gives Licensee the right to access the Tool and to use it for the limited purpose of recommending the adjustment of biometer measurements for ICL size selection, as defined by the Author. Said license rights are not transferable and may not be subject to a sublicense, nor may the Tool be reproduced or modified without the express consent of ONIT. Licensee agrees to use reasonable efforts to prevent unauthorized use, distribution, or publication.

3. Patient information. This Tool is intended to utilize only de-identified patient data. It does not and is not intended to capture, record, or display patient identifiable data.

It is the sole responsibility of Licensee to determine whether Tool data entry includes patient identifiable data, which may be subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act, and related regulations, as amended. De-identified data entered into the Tool may be aggregated by ONIT for future research or nomogram development.

4. No warranties. The Tool is provided "as-is" without any warranty whatsoever. Licensee assumes all risks and responsibilities for selection of the Tool to achieve Licensee's intended results, for the use of the Tool, and for the use of any results obtained from the Tool.

5. Limitations on liability. To the maximum extent permitted by applicable law, in no event will the Author or ONIT 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 Tool, even if advised of the possibility of such damages.

6. Choice of law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to any rules or principles regarding conflicts of laws.

7. Termination. This Agreement may be terminated at any time with or without notice in ONIT's sole discretion.

Clinical disclaimer: This Tool is theoretical and has not been verified in a prospective clinical trial. This calculator is not intended to be a substitute for surgical judgment. Surgeons should always use their own judgment when deciding upon treatment based on all factors available. User discretion is advised.

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