Common use of Applicable to All Products Clause in Contracts

Applicable to All Products. Merz documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz may provide to Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to Merz, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patients, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to Merz, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer’s use of Products other than those purchased directly from Merz, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this Article, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Merz may refuse to sell future Products to Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).

Applicable to All Products. Merz documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz may provide to Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to Merz, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx Merz is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patients, or in any manner that disparages or discredits XxxxMerz, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to Merz, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer’s use of Products other than those purchased directly from Merz, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this Article, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systemsorders; (iii) Merz may refuse to sell future Products to Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).

Applicable to All Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz Xxxx may provide to Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to MerzXxxx, and is protected by U.S. Canadian, US, and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patients, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to MerzXxxx, including one or more valid United States Canadian patents. Neither this Agreement nor Customer’s purchase of Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer’s use of Products other than those purchased directly from MerzXxxx, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this Article, then, in addition to any other remedies available to MerzXxxx, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz Xxxx shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz Xxxx may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systemsorders; (iii) Merz Xxxx may refuse to sell future Products to Customer; and/or (iv) Merz Xxxx may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).

Applicable to All Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz Xxxx may provide to Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to MerzXxxx, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patients, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to MerzXxxx, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer’s use of Products other than those purchased directly from MerzXxxx, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this Article, then, in addition to any other remedies available to MerzXxxx, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz Xxxx shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz Xxxx may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Merz Xxxx may refuse to sell future Products to Customer; and/or (iv) Merz Xxxx may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).

Applicable to All Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz Xxxx may provide to provideto Customer, are exclusively for Customer’s professional use with (or, in the case of Neocutis, resale to) Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to MerzXxxx, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patientsend customers, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to MerzXxxx, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of the Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer acknowledges that Customer’s use of Products other than those purchased directly from MerzXxxx, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this Article, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Merz may refuse to sell future Products to Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).Xxxx,

Applicable to All Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz Xxxx may provide to Customer, are exclusively for Customer’s professional use with (with, or, in the case of NeocutisNeocutis Products, resale to) , Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to MerzXxxx, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patientsend customers, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to MerzXxxx, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of the Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer acknowledges that Customer’s use of Products other than those purchased directly from MerzXxxx, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this Article, then, in addition to any other remedies available to Merz, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Merz may refuse to sell future Products to Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10).Xxxx,

Applicable to All Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer site. The Products, and any samples thereof which Merz Xxxx may provide to Customer, are exclusively for Customer’s professional use with (with, or, in the case of NeocutisNeocutis Products, resale to) , Customer’s patients. Customer agrees that it shall not, directly or through any other parties, offer for sale or sell Products online. Xxxx’x name and logo; the Product images and descriptions; Xxxx’x website designs; the look and feel of its websites; the text, graphics, button icons, images, audio clips, page headers, trademarks, and content; the selection and arrangement of any of the foregoing; and all related software belongs to or is licensed to MerzXxxx, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hardcopy certain Product promotional materials made expressly available to Customer by Merz Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the materials without the prior written permission of Xxxx is strictly prohibited. Use of any such materials in any manner that is likely to cause confusion among customers or patientsend customers, or in any manner that disparages or discredits Xxxx, is also prohibited. Customer acknowledges and agrees that the Products are covered by valuable intellectual property owned by or licensed to MerzXxxx, including one or more valid United States patents. Neither this Agreement nor Customer’s purchase of the Product shall be construed as a grant of any other rights in or to the intellectual property covering the Products. Customer acknowledges that Customer’s use of Products other than those purchased directly from MerzXxxx, or unauthorized sale/transfer/rental/leasing of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this Article, then, in addition to any other remedies available to MerzXxxx, (i) any Product-related limited warranties or service contacts in effect are automatically void, and Merz Xxxx shall have no obligation to refund Customer the amounts paid for any service contracts; (ii) Merz Xxxx may cancel or reduce the quantity of any current orders or (if applicable) demand immediate return of any rented Ulthera Systems; (iii) Merz Xxxx may refuse to sell future Products to Customer; and/or (iv) Merz Xxxx may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Program (as defined in Article 10)portal.