INTELLECTUAL PROPERTY AND USE OF CONTENT

Limited, Non-Exclusive, Non-Transferable, Revocable License: Applied Medical grants you the right to display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on Applied Medical's Web site or otherwise known to you, download portions of the material from the various locations on this Web site solely for your personal, non-commercial use. This limited license granted to you is non-exclusive and non-transferable. You agree that this Legal Notice (and this limited license) may be updated or changed from time to time for any reason, and you agree to be bound by any such revisions.

Copyrights: This Web site and all of the content included thereon, including but not limited to any information, data, text, graphics, logos, button icons, images, pictures, audio clips, and software (the "Content"), is the property of Applied Medical, our strategic partners or suppliers, or content providers and is protected by United States copyright laws.The Content of www.appliedmedical.com is copyrighted as a collective work under the United States copyright laws.Except as granted in the limited license above, any other use of this Content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of Applied Medical.

Trademarks: All trademarks, trade names, brand names, and service marks of Applied Medical, whether registered or unregistered, are the property of Applied Medical and are protected by United States trademark laws. Except as granted in the limited license above, any use of these assets is prohibited without the prior, written consent of Applied Medical. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. Applied Medical trademarks include, without limitation, the following: Acucise®; AeroStat®; Alexis®; Applied®; Applied 7-10®; Applied Medical Resources®; Applied Medical®; Arterial Plug Catheter®; A-Trac®; Atraumax®; Convertible®; Direct Drive™; DuraGold®; Fibra®; Forté®; GelAccess™; GelPort®; GelPOINT®; GelSeal®; latis®; Python®; SL-6®; Separator®; Sequential Helix™; Stealth®; Sureseal®; Syntel®; TiGold®; TriWIRE®; Universal®; UroWIRE®; and For Occlusion Where Space is at a Premium®.

Patents: All patents issued to and patent applications filed by Applied Medical are the property of Applied Medical and are protected by United States and foreign patent laws. Any use of these patented or patentable assets is prohibited without the prior written consent of Applied Medical.

Injunctive Relief: You agree that in the event of a breach of this Section 1, Applied Medical shall not have an adequate remedy at law, including monetary damages, and that Applied Medical shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which Applied Medical shall be entitled.

Termination of License: If you violate any of the terms of this Legal Notice, your permission to use the Content of this Web site automatically will terminate, and you immediately must destroy any copies you have made of any portion of the Content. In addition, the limited license granted herein by Applied Medical may be terminated at any time and for any reason or for no reason, without cause or notice. Applied Medical reserves the right to revoke the limited license if you fail to comply with appropriate quality control measures, which Applied Medical may promulgate and communicate to you from time to time.

DISCLAIMERS

General Disclaimers

ALL SERVICES, INFORMATION, PRODUCTS, AND MATERIALS OBTAINED THROUGH WWW.APPLIEDMEDICAL.COM, INCLUDING ALL TEXT, FILES, GRAPHICS, LINKS, AND "COOKIES," ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES, AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY OF THE PRODUCTS OR SERVICES.

We make no representations or endorsements of any third-party products or services on this Web site. Applied Medical's own products are subject to the written warranty, if any, accompanying those products. We make no representations, warranties, or recommendations with respect to any treatment or action with respect to any devices or procedures by any person following the information offered or provided within or through this Web site.

YOU SPECIFICALLY ACKNOWLEDGE THAT APPLIED MEDICAL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT IS APPLIED MEDICAL LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. APPLIED MEDICAL IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS WEB SITE OR ASSOCIATED SERVICES.

No advice or information, whether oral or written, obtained by you through the Web site shall create any warranty not expressly stated in this legal notice.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, not all of the above limitations may apply to you.

Disclaimer Of Medical Liability

APPLIED MEDICAL DOES NOT PROVIDE MEDICAL ADVICE. The contents of Applied Medical's Web site are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided on this Web site is solely at your own risk. Individual medical needs are very different; you should not assume that the information on this Web site concerning certain courses of treatment or outcomes will apply to you. Rather, you should evaluate your medical condition and make treatment decisions based upon consultation with your physician.

The contents of Applied Medical's Web site may be of interest to medical professions or other health care providers. Such contents are for general informational purposes only and not intended to provide medical advice. Medical professionals and health care providers should exercise their own judgement in determining whether a particular product or procedure is appropriate for their practice or their patients.

Product Availability

Applied Medical's Web site contains information about products that may not be available in all countries. Even if available, the governmental approval or market clearance received for a particular product in one country may be for a different use or indication, or subject to different restrictions, than in another country. Every country has specific laws, regulations, and medical practices that govern the communication of information about medical products over the Internet. Nothing in this Legal Notice should be construed as a solicitation for, or promotion of, any product or the use of any product that is not authorized by the laws and regulations of the country where you reside.

Limitations Of Liability

IN NO EVENT SHALL APPLIED MEDICAL OR ANY OF ITS AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR CONTRIBUTORY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEB SITE OR ANY PRODUCTS PURCHASED THEREON; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES; AND/OR (v) DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so not all of the above limitations may apply to you.

INDEMNITY

You agree to defend, indemnify, and hold Applied Medical, its officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Legal Notice or relating to or arising from your use of this Web site, and any content, products, or services obtained on or through this Web site.

LINKS TO OTHER WEB SITES & TO APPLIED MEDICAL'S WEB SITE

Applied Medical's Web site may contain links to Web sites operated by third parties. We do not, either expressly or by implication, endorse the Content on such Web sites or any association it may have with third parties. The links, if any, are provided for your convenience only. We have no control over such Web sites, and we do not review the Content on those Web sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Web site or resource.

Applied Medical encourages you to link to our Web site, for noncommercial purposes only and only for the convenience of visitors to your own Web site, provided you notify us. We may provide you with the HTML linking code needed to create a link to our site. Although we would like you to link to our site, you only have our permission to link to our home page at www.appliedmedical.com. Notices of such linkage should be addressed to info@appliedmedical.com. Deep linking into the various areas of our Web site or framing of any of our Web site pages without our prior written permission will be a violation of this Legal Notice. Linking to Applied Medical's Web site is subject to the provisions of Section 1 of these Terms of Service regarding intellectual property and use of Content. You may not make any statement suggesting or implying in connection with any link to our site that Applied Medical has in any way endorsed, approved, or sponsored your own Web site or any content thereon. In addition, the use of robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior express written permission is also in violation of this Legal Notice.

GENERAL LEGAL PROVISIONS

International Laws/Users: Applied Medical is based in Rancho Santa Margarita, California, in the United States of America. Applied Medical makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Applied Medical's Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Applied Medical, or in any way relating to your use of Applied Medical's Web site, resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Applied Medical or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. This Legal Notice is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

Entire Agreement: Except as expressly provided in a particular "legal notice" on Applied Medical's Web site, this Legal Notice constitutes the entire agreement between you and Applied Medical with respect to the use of Applied Medical's Web site and Content. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Thank you for your cooperation. We hope you find Applied Medical's Web site helpful and convenient to use. Questions or comments regarding this Web site should be directed by e-mail to info@appliedmedical.com or by telephone to (800) 713-8000 or by U.S. mail to Applied Medical Resources Corporation, 22872 Avenida Empresa, Rancho Santa Margarita, California 92688.