License to Reproduce Merit Medical Material

READ THE FOLLOWING AGREEMENT CAREFULLY! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY CLICKING ON THE “I AGREE” BUTTON, YOU AND THE COMPANY YOU REPRESENT ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON OR LEAVE THE WEBSITE. HOWEVER, YOU MAY NOT REPRODUCE OR USE ANY MERIT MATERIAL UNLESS YOU CLICK ON THE “I AGREE” BUTTON.

Please contact us at [email protected] with any questions.

“You” or “Your” means the person or company who is granted permission to reproduce and use the Merit Materials (defined below).

“Merit Material” means:

1. Diagrams, text, and videos (but NOT photos or patient testimonials) in the PAE “Patient Education Tools” section of https://www.merit.com/pae/pae-resource-center/.
2. Diagrams, text, and videos (but NOT photos or patient testimonials) in the UFE “Patient Education Tools” section of https://www.merit.com/ufe/ufe-resource-center/.
3. Diagrams, text, and videos (but NOT photos or patient testimonials) in the Spine “Patient Education Tools” section of https://www.merit.com/spine/spine-resource-center/.

Merit Medical Systems, Inc. located at 1600 West Merit Parkway, South Jordan, Utah 84095 (“Merit”) hereby grants to You a revocable, non-exclusive license to reproduce, use, and display the Merit Material or portions thereof for patient education purposes only (“License”). You may display the Merit Material on Your website, and reproduce it in Your brochures, audio visual productions, and other publications. You may not sublicense any rights granted hereunder to any third party.

Each display or reproduction of Merit Material must be accompanied by the following credit line: “© Merit Medical, Used With Permission.” The credit line should appear on the page or webpage where the reproduction appears, either under the title or at the bottom of the page as a footnote. If the foregoing is inconvenient, the credit line may be placed in another conveniently viewable manner with suitable references to the place within the identified website or page where the display or reproduction appears.

When more than one reproduction appears on a publication or web page, a consolidated credit paragraph may be used in a conveniently viewable manner.

Merit’s videos included in the Merit Material may be separately reproduced on Your web page, provided that each video is accompanied by the credit line “© Merit Medical, Used With Permission” to appear adjacent the video, as a footnote on the same page as the video, or in another conveniently viewable manner.

No permission is granted to use Merit’s trademarks apart from the incidental appearance of such trademarks in the Merit Material. You agree to refrain from making any disparaging comments regarding Merit, its products, or doing anything that could in any way cause Merit disrepute in the eyes of any other person or entity.

Merit may revoke the License and terminate this agreement for convenience upon written notice. You agree to discontinue all use, display, and reproduction of all Merit Materials within fourteen (14) days of Merit’s notice of termination.

By granting permission hereunder, Merit does not waive or transfer any of its right, title or interest in copyright, trademark, trade name or other property rights. MERIT EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THIS AGREEMENT AND THE MERIT MATERIAL, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Use of the Merit Material is entirely at Your sole risk. Merit makes no representation as to the accuracy or completeness of the Merit Material, and Merit has no obligation to update or correct it.

This agreement shall be interpreted, construed, and enforced according to the laws of the State of Utah, without giving effect to any conflict of laws provisions, and each party hereby expressly submits itself or himself/herself to the exclusive, personal jurisdiction of the courts situated in the State of Utah with respect to any and all claims, demands, and/or causes of action asserted or filed by any party in any way relating to, or arising out of, this agreement or the subject matter hereof.

This agreement is the entire agreement between the parties related to the identified Merit Material. This agreement supersedes all proposals and prior agreements, oral or written, and all other communications between us relating to the Merit Material.