AJL OPHTHALMIC S.A. AJL-RING/INTACS/AJL pro+ ICRS USER AGREEMENT

PLEASE READ THIS AJL ICRS WEB-BASED CALCULATOR LICENSE AGREEMENT (THIS “AGREEMENT”) BY SCROLLING DOWN. THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND AJL OPHTHALMIC S.A. BY SELECTING “ACCEPT” ON THIS SCREEN, THE LICENSEE AGREES THE SPECIFIED TERMS. IF LICENSEE’S ACCESS TO AND USE OF THE ICRS CALCULATOR PROGRAM OFFERED BY AJL OPHTHALMIC S.A. IS NOT DESIRED, USE THIS OPORTUNITY TO REJECT IT, BEFORE ACEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. LICENSE

AJL OPHTHALMIC S.A. grants Licensee the right to access and use the AJL-RING, INTACS and AJL pro+ ICRS Calculator for the limited purpose of performing calculations to help determine the recommended Intrastromal Corneal Ring Segments and its suggested axis placement. Licensee agrees to use reasonable efforts to protect AJL ICRS Calculator from unauthorized use, modification, distribution and publication.

2. COPYRIGHT

The AJL ICRS Calculator is owned by AJL OPHTHALMIC S.A. and/or its affiliates and it is protected by Spanish copyright laws and international treaty provisions. AJL OPHTHALMIC S.A. and/or its affiliates owns and retains all right, title and interest in and to the AJL ICRS Calculator, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein. Therefore. Licensee may not use, copy or distribute the AJL ICRS Calculator without AJL OPHTHALMIC S.A. written authorization.

3. RESTRICTIONS

Licensee may not rent, lease, license, or loan the AJL ICRS Calculator. Licensee may not reverse engineer, decompile, or disassemble the AJL ICRS 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 AJL ICRS Calculator.

4. NO WARRANTIES

The AJL ICRS Calculator is provided “as-is” without any warranty whatsoever. The diagnostic information provided by the calculator is provided for licensee’s convenience, but should not be used for final diagnosis or as a substitute for licensee’s medical expertise. While efforts have been made to make the information provided by the AJL ICRS Calculator helpful and accurate, AJL OPHTHALMIC S.A. does not warrant the accuracy of the information obtained from the AJL ICRS Calculator. Licensee assumes all risks and responsibilities for selection of the AJL ICRS Calculator to achieve licensee’s intended results and for the use of and results obtained from the AJL ICRS Calculator. To the maximum extent permitted by applicable law, AJL OPHTHALMIC S.A. disclaims and excludes all representations, warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the AJL ICRS Calculator.

5. RESTRICTIONS

Licensee hereby acknowledges that the AJL ICRS Calculator may not be available or may become unavailable due to any number of factors including, without limitation, periodic system maintenance, scheduled or unscheduled, acts of god, technical failure of the calculator, telecommunications infrastructure, or delay or disruption attributable to viruses, denial of service attacks, increased or fluctuating demand, actions and omissions of third parties, or any other cause reasonably beyond the control of AJL OPHTHALMIC S.A. Therefore, AJL OPHTHALMIC S.A. expressly disclaims any warranty explicit or implicit in relation to the system or its availability, access or functionality of the AJL ICRS Calculator.

6. GENERAL

This Agreement cannot be modified by representations of anyone. This Agreement is governed by and interpreted in accordance with the laws of Spain. Once Licensee has read this Agreement, and agreed to its terms and indicated such acceptance by clicking below, Licensee will be bound by the terms of the Agreement. AJL OPHTHALMIC S.A. may terminate this Agreement at any time if Licensee violates its terms and conditions.