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Terms and Conditions of Use

Terms & Conditions

UroLift® System Patient Education Portal Terms of Use

The following UroLift® System Patient Education Portal Terms of Use (the “Terms of Use”) constitute authorization for Licensee to use the Images and Marks contained in the Patient Education Portal subject to and in accordance with the following terms and conditions:


	Definitions:

	
		“Licensee” means the health care professional or someone under his/her direction who has logged into the Patient Education Portal.
		“Images” means the images, text and other creative content contained in the Patient Education Portal.c.“Marks” meansany trademark or registered trademark of NeoTract, its subsidiaries, parent companies or affiliates, in the U.S. and/or other countries, used in the Patient Education Portal.
		“Media” means the website, advertising or printed material in which Licensee will use the Images or Marks. Media shall not include apparel or any other branded items.
		“NeoTract” means NeoTract, Inc.
		“Patient Education Portal” means the online portal hosted on UroLift® University containing materials prepared by or on behalf ofNeoTract.
		“Product” means any product made or sold by or on behalf of NeoTract.
		“Purpose” means for Product identification, Product promotion, or educational purposes only.
	
	
	Subject to these Terms of Use, NeoTract, its subsidiaries, parent companies and affiliates, hereby grant to Licensee a limited, non-exclusive,royalty-free, non-transferable license to use, reproduce and display the Images and Marks solely for the Purpose. With respect to each use of an Image, Licensee shall prominently include next to such Image the following statement (translated as applicable): “Image courtesy of NeoTract,Inc. © [INSERT YEAR] NeoTract, Inc. All rights reserved.” With respect to each use of a Mark, Licensee shall include in a footnote the following statement (translated as applicable): “[INSERT MARK] is a trademark or registered trademark of NeoTract, Inc., its subsidiaries, parent companies or affiliates.” Licensee agrees to use the Images and Marks only as permitted in the Terms of Use for the Purpose and shall not make any different use of the Images or Marks without the express written consent of NeoTract. Licensee shall follow the UroLift® System Brand Guidelines included in the Patient Education Portal.
	Licensee shall not depict, represent or refer to the Images, their contents, or Marks in any way that disparages, denigrates, tarnishes or portrays in any negative or false light, any Image, any Product, any Mark, or NeoTract, its subsidiaries, parent companies or affiliates, that raises any questions or concerns about the effectiveness or viability of any Products, or that shows any Products being used for any purpose other than their respective intended medical purpose and in accordance with their instructions and cleared indications for use. Licensee shall not modify any of the Images or Marks. Licensee shall cause all proofs or negatives of Images, if provided, to be properly disposed of or returned to NeoTract once Licensee’s use thereof is complete. If Licensee becomes aware of any infringement of the Images or Marks, Licensee will notify NeoTract within a reasonable amount of time.
	No right, title or interest in or to any Images or Marks or other property of NeoTract, its subsidiaries, parent companies or affiliates, nor any goodwill associated therewith, is being granted to or acquired by Licensee, except for the limited right to use the Images and Marks in strict accordance with these Terms of Use. NEITHER NEOTRACT NOR ANY OF ITS SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE IMAGES OR ANY PRODUCTS.
	Licensee shall indemnify and hold harmless NeoTract, its subsidiaries, parent companies or affiliates and their respective directors, officers,employees, affiliates, agents and representatives, from and against all claims, losses, liabilities, damages, judgments, settlements, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from or relating to the creation, publication or distribution of any Media that includes any of the Images or Marks.
	Licensee’s authorization under the Terms of Use may be terminated at any time by NeoTract upon written notice to Licensee. Termination notice sent by NeoTract to the Licensee contact person at the email address associated with the Patient Education Portal shall be deemed successful receipt thereof by the Licensee. Licensee’s authorization under the Terms of Use shall terminate automatically if Licensee no longer offers the Products as a BPH therapy option for patients. Upon termination of Licensee’s authorization under the Terms of Use, the limited license granted herein to use the Images and Marks will immediately cease and the Licensee shall immediately cease all use of the Images and Marks.Notwithstanding anything to the contrary, paragraphs 4, 5 and 7 hereof will survive any termination of Licensee’s authorization under the Terms of Use.
	The Terms of Use constitutes the entire agreement between the parties concerning the subject matter hereof and may be amended or supplemented at any time at the sole discretion of NeoTract. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, United States, regardless of its conflict-of-laws principles. The relationship created by these Terms of Use is that of licensor and licensee only, and nothing herein shall be deemed to constitute Licensee as a partner or agent of NeoTract. Licensee shall not assign or otherwise transfer any of its rights, or delegate, or otherwise transfer any of its obligations under the Terms of Use.

Accept Terms & Conditions of Use

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