TECNIS® intraocular lenses are currently available for sale in select markets. Thisapplication is therefore intended only for residents of those markets in which therespective TECNIS® intraocular lens(es) are available and this application may only be
used for those TECNIS® intraocular lens(es) that are approved for use in your market.
Using this mobile application and clicking the “Accept” button constitutes youracknowledgement of these restrictions, and your acknowledgement that you selectedyour proper location of residence.
TECNIS® TORIC IOL CALCULATOR LICENSE AGREEMENT, TERMS OF USE AND
PRIVACY POLICYPLEASE READ THIS USE AND LICENSE AGREEMENT (“AGREEMENT”) IN FULL.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU (“USER”) AND JOHNSON& JOHNSON SURGICAL VISION, INC. (“J&J VISION”) AND GOVERNS ALL ASPECTS
OF USER’S ACCESS TO AND USE OF J&J VISION’S TORIC CALCULATORAPPLICATION (“APPLICATION”).
BY CHOOSING THE “ACCEPT” BUTTON ABOVE, USER ACCEPTS AND AGREESTO ALL TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS J&J VISION’STERMS OF SERVICE AND PRIVACY POLICY, WHICH GOVERN ALL ASPECTS OF
USER’S ACCESS TO AND USE OF THIS APPLICATION.
YOU MAY DECLINE BY CLOSING THE APPLICATION WITHOUT CHOOSING THE“ACCEPT” BUTTON ABOVE.
The Application was developed for Health Care Providers by Johnson & Johnson
Surgical Vision, Inc. (“J&J Vision”) for educational and convenience purposes only, inconjunction with the labeling for the respective TECNIS® intraocular lens(es). J&J Vision
does not engage in the practice of medicine, and this Application is not a substitute forappropriate medical education and training or for the exercise of independent medical
judgment. J&J Vision cannot warrant the accuracy or completeness of information that
this Application provides. Each medical situation should be considered unique to eachpatient, and all treatments individualized accordingly. J&J Vision does not endorse orrecommend any particular technique beyond what is contained in the applicable productlabeling, and other techniques may be appropriate in a physician’s medical judgment.
Any medical procedure has associated complications and risks, and the practice ofmedicine and standard of care may change over time. J&J Vision cannot warrant thatthis information will be error-free, and is not responsible for any deletion or inaccuracy.
J&J Vision expressly disclaims all liability to any person in respect of all matters and allactions taken or not taken based on any information contained herein. Health Care
Providers are advised to consult the product labeling, and any appropriate research
literature before implementing any new treatments or techniques.
OWNERSHIP. The Application and the underlying technology are owned by and/or
licensed to J&J Vision and/or its affiliates and is protected by United States copyrightlaws and international treaty provisions. User may not reverse engineer, decompile, ordisassemble the Application, except to the extent the foregoing restriction is expressly
prohibited by applicable law. User may not make error corrections to, or otherwise adapt
or modify, or create derivative works based upon the Application. This Agreement
defines the extent of User’s rights with respect to the Application.
DHF1641B-3302-EN Rev.: 04

Page 1 of 3

LICENSE AND RESTRICTIONS ON USE. This Agreement gives User the right toaccess the Application and to use it for the limited purpose of performing calculations to
help determine the recommended J&J Vision toric intraocular lens and its suggested
axis placement. Such license rights are not transferable or sublicenseable, nor may theApplication be reproduced or modified without the express consent of J&J Vision. User
agrees to use reasonable efforts to prevent unauthorized use, distribution or publication.
User acquires no ownership right, title or interest in the Application, or in any applicablepatents, trademarks, copyrights, trade secrets and other intellectual property rights
which may be embodied or contained therein.
USE AND ENTRY OF PATIENT INFORMATION. Use of this Application may involvethe entry of certain patient data, which may be deemed “protected health information”(“PHI”) under either (1) the Health Insurance Portability and Accountability Act of 1996
and Standards for Privacy of Individually Identifiable Health Information, 45 CFR Parts
160 & 164 (“HIPAA”) , or (2) similar privacy laws or regulations outside of the UnitedStates. J&J Vision will not collect any patient name or direct patient identifier; however,J&J Vision will collect information related to the usage of the calculator such as, but notlimited to measurements, keratometry, biometry, calculation preferences, calculationresults, and Google Analytics for the purpose of product improvements.
NO WARRANTIES. THE CALCULATOR IS PROVIDED “AS-IS” WITHOUT ANY
WARRANTY WHATSOEVER. LICENSEE ASSUMES ALL RISKS ANDRESPONSIBILITIES FOR SELECTION OF THE CALCULATOR TO ACHIEVE
LICENSEE’S INTENDED RESULTS, FOR THE USE OF THE CALCULATOR, AND
FOR THE USE OF ANY RESULTS OBTAINED FROM THE CALCULATOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ALLSTATES AND JURISDICTIONS WHERE SUCH DISCLAIMERS ARE PERMITTED BYLAW, J&J VISION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS ANDWARRANTIES REGARDING THE CALCULATOR, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
J&J VISION EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESS ORIMPLIED, REGARDING SYSTEM AND/OR CALCULATOR AVAILABILITY,ACCESSIBILITY, OR PERFORMANCE. BY ACCEPTING THESE TERMS, LICENSEEHEREBY ACKNOWLEDGES THAT, AT ANY GIVEN TIME, THE CALCULATOR MAYNOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ONE OR MORE OFTHE FOLLOWING: PERIODIC SYSTEM MAINTENANCE, TECHNICAL FAILURE OFTHE CALCULATOR, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY ORDISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE, INCREASED ORFLUCTUATING DEMAND, ACTS OR OMISSIONS OF THIRD PARTIES, ACTS OFGOD, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF J&JVISION.
LIMITATIONS ON LIABILITY. LICENSEE HEREBY EXPRESSLY ASSUMES THEENTIRE COST OF ANY DAMAGE RESULTING FROM LICENSEE’S USE OF THECALCULATOR AND THE INFORMATION CONTAINED IN OR COMPILED BY THECALCULATOR.
DHF1641B-3302-EN Rev.: 04Page 2 of 3

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ALL
STATES AND JURISDICTIONS WHERE SUCH LIMITATIONS AND EXCLUSIONSARE PERMITTED, IN NO EVENT WILL J&J VISION BE LIABLE FOR ANY DAMAGESWHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL,CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES) ARISING OUT OF THE
USE OR INABILITY TO USE THE CALCULATOR, EVEN IF J&J VISION HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL J&J
VISION’S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE ORMORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE,EXCEED THE SUM OF $500.00.
ADDITIONAL PROVISIONS. This Agreement cannot be modified except by J&J Vision.
This Agreement shall be governed by and interpreted in accordance with the laws of theState of California, without regard to any rules or principles regarding conflicts of law or
the United Nations Convention on Contracts for the Sale of Goods. This Agreement may
be terminated by J&J Vision at any time for a violation of its terms. Any failure by J&J
Vision to immediately address or enforce any aspect of this Agreement shall not be
considered a general or continuing waiver of such right of termination. J&J Vision may,in J&J Vision’s sole discretion, discontinue the Application and the availability of theApplication to User and to others at any time.
J&J Vision may occasionally change the terms and conditions set forth in thisAgreement, Terms of Service or Privacy Policy. If we make material changes to thisAgreement, we will notify you of such changes through the Application and you will berequired to accept such changes in order to continue using the Application. For changes
to our Terms of Service or Privacy Policy, we will notify you of our new practices by
posting an update on the “Privacy Policy” or “Terms of Service” pages of our website,www.jnj.com and, therefore, you should occasionally check our website.
Unless otherwise specified, all product names appearing in this Internet site aretrademarks owned by or licensed to J&J Vision, its subsidiaries or affiliates. No use of
any J&J Vision trademark, trade name, or trade dress in this site may be made without
the prior written authorization of J&J Vision, except to identify the product or services ofthe company.

©2021 Johnson & Johnson Surgical Vision, Inc.

DHF1641B-3302-EN Rev.: 04

Page 3 of 3