TORIC CALCULATOR USER AGREEMENT

This is a resource intended for use by physicians and other health care professionals involved in patient care. It is not intended and should not be construed as medical advice, nor is it intended to replace medical and clinical data contained in product labeling and directions for use. This resource is intended to supplement the knowledge of physicians and other health care professionals. The absence of a warning for a given indication, procedure, technique, or suggestion contained in or provided by the tool should not be construed to indicate that such procedure, technique or suggestion is safe, appropriate or effective in any given patient.

1. Restrictions on Use. Bausch + Lomb has made the calculator available to assist physicians in performing calculations to help determine the appropriate Intraocular lens cylinder power and axis of placement. Accordingly, the calculator may not be used for any other purpose. Users of the calculator may not reverse engineer, decompile, disassemble, copy, distribute, rent, lease, license, loan, make error corrections to, or otherwise adapt or modify, or create derivative works based upon, the calculator.

2. Absence of Warranties. THE CALCULATOR IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER. THE DIAGNOSTIC INFORMATION PROVIDED BY THE CALCULATOR IS PROVIDED FOR THE CONVENIENCE OF USERS, BUT SHOULD NOT BE USED FOR FINAL DIAGNOSIS OR AS A SUBSTITUTE FOR MEDICAL EXPERTISE. WHILE EFFORTS HAVE BEEN MADE TO MAKE THE INFORMATION PROVIDED BY THE CALCULATOR ACCURATE, BAUSCH + LOMB DOES NOT WARRANT THE ACCURACY OF THE INFORMATION OBTAINED FROM THE CALCULATOR.

USER ASSUMES ALL RISKS AND RESPONSIBILITIES FOR THE USE OF AND RESULTS OBTAINED FROM THE CALCULATOR. BAUSCH + LOMB MAKES NO WARRANTY THAT THE CALCULATOR WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAUSCH + LOMB 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 CALCULATOR.

USER ACKNOWLEDGES THAT THE CALCULATOR MAY NOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS. THEREFORE, BAUSCH + LOMB EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR CALCULATOR AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE.

3. Limited Liability. USER ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM ITS USE OF THE CALCULATOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAUSCH + LOMB 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 BAUSCH + LOMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Ownership. Bausch + Lomb retains all right, title and interest, if any, in and to the calculator, including patents, trademarks, copyrights, trade secrets and other intellectual property rights embodied or contained therein (the "Intellectual Property"). Bausch + Lomb makes no representations or warranties as to the Intellectual Property.

5. Health Insurance Portability and Accountability Act of 1996. In utilizing the calculator, users may be inputting patient data subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Users will comply with all applicable laws and regulations governing their patients’ privacy and/or protected health information, including HIPAA. Bausch + Lomb may retain and use de-identified data.

6. Miscellaneous. This User Agreement cannot be modified by the representations of anyone. This Agreement is governed by the laws of the State of New York, excluding its principles of conflict of laws. Bausch + Lomb may terminate this Agreement at any time if the user violates its terms. Any waiver by Bausch + Lomb of any term of this User Agreement will not be considered a continuing waiver of such right.