LRI Calculator: The Wörtz-Gupta™ Formula

Disclaimer

SOFTWARE LICENSE AGREEMENT AND TERMS OF USE

The Wörtz-Gupta™ Formula (Patent Pending) femtosecond laser arcuate incision calculator (Calculator) is meant to serve as an adjunct tool to assist physicians in the correction of astigmatism in conjunction with the intraocular lens (IOL) placement. The information contained herein is derived from the work and nomogram(s) of Gary Wörtz, M.D. and Preeya Gupta, M.D. (the “Authors”). The medical opinions and views expressed in the Calculator are those of Drs. Wörtz and Gupta and not those of any manufacturer of femtosecond lasers. Please read this Calculator 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 Arcuate Innovations ("AI”) and governs access to and use of the Calculator and the underlying software. By choosing "I UNDERSTAND AND AGREE" at the end of this notice, you as Licensee agree to all of terms stated herein, including all limitations on liability and lack of warranty. You will not be granted access to or permission to utilize the Calculator if you do not agree to all the provisions set forth in this Agreement. The terms of this Agreement may not be modified except in writing signed by AI. The Calculator is intended to be used by physicians only in conjunction with a comprehensive ophthalmic examination and the appropriate diagnostic tests and measurements necessary for surgical candidates. This Calculator is provided to physicians for educational and convenience purposes only, and is not a substitute for appropriate medical education and training. Physicians who use the Calculator must arrive at their own independent determinations regarding the proper treatment for their patients and are solely responsible for the refractive outcome of a patient. Neither the Authors nor AI warrant the accuracy or completeness of information that this Calculator provides and expressly disclaim all liability to any person in respect of all matters and all actions taken or not taken based on any information contained herein. By using the Calculator, you agree to waive and hold the Authors and AI harmless from any claims you may have arising out of your use of this tool.

1. OWNERSHIP. The Calculator is owned by AI. 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.

2. SCOPE OF 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 arcuate incisions, as those are defined by the Authors. Said license rights are not transferable and may not be subject to a sublicense, nor 2 may the Calculator be reproduced or modified without the express consent of AI. Licensee agrees to use reasonable efforts to prevent unauthorized use, distribution or publication. 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. PATIENT INFORMATION This Calculator utilizes only de-identified patient data. It does not and is not intended to utilize, capture or record patient identifiable data. It is the sole responsibility of Licensee to determine whether the Calculator data entry include patient identifiable data, which may be subject to Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, and the data privacy and security regulations promulgated thereunder by the U.S. Department of Health and Human Services, 45 C.F.R. Parts 160 and 164, as the same may be amended from time to time (collectively, the “HIPAA Rules”). De-identified data entered into the Calculator may be aggregated by AI for future research or nomogram development.

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, THE AUTHORS AND AI EXPRESSLY DISCLAIM 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. THE AUTHORS AND AI 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 THE OPERATION OF THE CALCULATOR IS NOT FAIL- SAFE OR FREE FROM ERRORS OR DEFECTS.

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. 3 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 THE AUTHORS OR AI 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 THE AUTHORS OR AI HAVE BEEN 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 Kentucky, without regard to any rules or principles regarding conflicts of laws or the United Nations Convention on Contracts for the Sale of Goods.

7. TERMINATION OF AGREEMENT This Agreement may be terminated at any time with or without notice in AI’s sole discretion.