Common use of Use and Transfer of Products Clause in Contracts

Use and Transfer of Products. Products must be administered under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products. Merz documents and tracks the Product(s) delivered to each Customer location. 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 (unless, in the case of Neocutis, Customer has a separate written agreement with Merz allowing for such sale). Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) is prohibited. Customer acknowledges that Products modified, refurbished by, or purchased from parties other than Merz are not FDA- cleared/approved, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such practices. 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 Section, 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; (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 Advantage Program (as defined in Section 10) or Xperience+ Program (as defined in Section 11).

Use and Transfer of Products. For regulatory compliance, medical oversight, and training purposes, Merz documents and tracks the Product(s) delivered to each Customer site. Products must be administered operated under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-salesale or rental of Products by U.S. customers, rentalregardless of whether such Products are new or used, or leasing of Products. Merz documents and tracks are sold within or outside the Product(s) delivered to each Customer location. 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 (unless, in the case of Neocutis, Customer has a separate written agreement with Merz allowing for such sale)United States. Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) is also prohibited. Customer acknowledges that refurbished Products modified, refurbished by, or purchased from parties other than Merz are not FDA- FDA-cleared/approved, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than MerzProducts, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such refurbished Products, Merz may be Xxxx is required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such these unlawful practices. Customer hereby further 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 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 Merz, or unauthorized sale/transfer/rental/leasing transfer of Product(s)) to third parties, would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this Sectionsection, 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 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; (iii) Merz Xxxx may refuse to sell future Products to Customer or refuse to service Systems. Additionally, any use of Product not purchased directly from Merz will automatically void Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under the Advantage Program (as defined in Section 10) or Xperience+ Program (as defined in Section 11)’s limited warranty and any applicable service contract.

Use and Transfer of Products. Products must be administered under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer locationsite. 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 (unlessonline. 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 Xxxx, and is protected by 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 Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the case materials without the prior written permission of Neocutis, Customer has a separate written agreement with Merz allowing for such sale). Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) Xxxx is strictly prohibited. Customer acknowledges Use of any such materials in any manner that Products modified, refurbished byis likely to cause confusion among customers or patients, or purchased from parties other than Merz are not FDA- cleared/approvedin any manner that disparages or discredits Xxxx, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such practicesalso 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 US 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 transfer of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this SectionArticle, 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 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; (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 ). Products must be administered under the Advantage Program (as defined direction of a physician or other healthcare professional authorized by applicable state law, in Section 10) accordance with the Prescribing Information, Instructions for Use and Customer’s applicable provincial medical regulations. Xxxx prohibits the re-sale of Products. Sale or Xperience+ Program (as defined in Section 11)transfer of Products to third parties for uses unauthorized by Xxxx is also prohibited.

Use and Transfer of Products. Products must be administered under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer locationsite. 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 (unlessonline. 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 Xxxx, and is protected by 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 Xxxx for Customer’s use in marketing and selling Product to Customer’s patients. Any other use of the case materials without the prior written permission of Neocutis, Customer has a separate written agreement with Merz allowing for such sale). Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) Xxxx is strictly prohibited. Customer acknowledges Use of any such materials in any manner 10/1/2021 that Products modified, refurbished byis likely to cause confusion among customers or patients, or purchased from parties other than Merz are not FDA- cleared/approvedin any manner that disparages or discredits Xxxx, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such practicesalso 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 US 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 transfer of Product(s), would cause immediate, material, and irreparable harm to MerzXxxx. In the event of any violations of this SectionArticle, 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 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; (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 ). Products must be administered under the Advantage Program (as defined direction of a physician or other healthcare professional authorized by applicable state law, in Section 10) accordance with the Prescribing Information, Instructions for Use and Customer’s applicable provincial medical regulations. Xxxx prohibits the re-sale of Products. Sale or Xperience+ Program (as defined in Section 11)transfer of Products to third parties for uses unauthorized by Xxxx is also prohibited.

Use and Transfer of Products. For regulatory compliance, medical oversight, and training purposes, Merz documents and tracks the Product(s) delivered to each Customer site. Products must be administered operated under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-salesale or rental of Products by U.S. customers, rentalregardless of whether such Products are new or used, or leasing of Products. Merz documents and tracks are sold within or outside the Product(s) delivered to each Customer location. 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 (unless, in the case of Neocutis, Customer has a separate written agreement with Merz allowing for such sale)United States. Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) is also prohibited. Customer acknowledges that refurbished Products modified, refurbished by, or purchased from parties other than Merz are not FDA- FDA-cleared/approved, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than MerzProducts, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such refurbished Products, Merz may be is required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such these unlawful practices. Customer hereby further 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 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 Merz, or unauthorized sale/transfer/rental/leasing transfer of Product(s)) to third parties, would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this Sectionsection, 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; (iii) Merz may refuse to sell future Products to Customer or refuse to service Systems. Additionally, any use of Product not purchased directly from Merz will automatically void Customer; and/or (iv) Merz may remove Customer from Xxxx’x physician finder portal(s) or from eligibility under ’s limited System warranty and any applicable service contract for the Advantage Program (as defined in Section 10) or Xperience+ Program (as defined in Section 11)System.

Use and Transfer of Products. Products must be administered under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products. Merz documents and tracks the Product(s) delivered to each Customer location. 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 (unless, in the case of Neocutis, Customer has a separate written agreement with Merz allowing for such sale). Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) is prohibited. Customer acknowledges that Products modified, refurbished by, or purchased from parties other than Merz are not FDA- FDA-cleared/approved, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such practices. 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 Section, 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; (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 Advantage Program (as defined in Section 10) or Xperience+ Program (as defined in Section 11).

Use and Transfer of Products. Products must be administered under the direction of a physician, in accordance with the Instructions for Use and Customer’s applicable state medical regulations. Merz prohibits the re-sale, rental, or leasing of Products. Merz Xxxx documents and tracks the Product(s) delivered to each Customer locationsite. 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 (unlessonline. 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 Xxxx, and is protected by US and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in the case of Neocutis, hardcopy certain Product promotional materials made expressly available to Customer has a separate written agreement with Merz allowing for such sale). Sale or transfer of Products to third parties for uses unauthorized by Merz (e.g., refurbishment, modification, diversion, counterfeiting, etc.) 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. Customer acknowledges Use of any such materials in any manner 10/1/2021 that Products modified, refurbished byis likely to cause confusion among customers or patients, or purchased from parties other than Merz are not FDA- cleared/approvedin any manner that disparages or discredits Xxxx, do not meet the strict manufacturing and quality controls of Merz, and may result in patient safety concerns. If Customer uses Products refurbished by or obtained from parties other than Merz, Customer assumes full liability for any adverse event that occurs. In addition, because it is unable to regulate the quality of such Products, Merz may be required to notify the FDA of any known violations, as well as any individuals suspected of being involved in such practicesalso 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 US 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 transfer of Product(s), would cause immediate, material, and irreparable harm to Merz. In the event of any violations of this SectionArticle, 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 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; (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 ). Products must be administered under the Advantage Program (as defined direction of a physician or other healthcare professional authorized by applicable state law, in Section 10) accordance with the Prescribing Information, Instructions for Use and Customer’s applicable provincial medical regulations. Xxxx prohibits the re-sale of Products. Sale or Xperience+ Program (as defined in Section 11)transfer of Products to third parties for uses unauthorized by Merz is also prohibited.