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stryker
<br />9. Pradvet Traded". Stryker may provide technical training including both initial training for new users and supplemental training for
<br />existing users, as needed to promote the safe and effective use oflts Products sold to Customer, Such technical Mining will be provided
<br />for any health care practitioner who uses or intends to use the Product and Is employed by, or B on the active medical staff, oL Customer.
<br />If Stryker provides the technical training to a health care professional, it may pay for or reimburse the reasonable expenses, Induding
<br />meals, lodging and transportation, actually incurred by eligible recipients in connection with the technical [mining provided under this
<br />Paragraph. Such training is not deemed a condition precedent to sale of the Products or Customer's acceptance thereof.
<br />10. WuModes, Return Policies and Maintenance (Products).
<br />10.1. In addition to Strykers Cdrrenl standard Product warranties, if applicable, Stryker warrants that: (1) it has good title to Precincts
<br />shipped directly to Customer, free of all liens, claims and encumbrances; and (ii) the Products, at the rime of sale, meet applicable
<br />FDA clearance or approval (. applicable) necessary for commercial sale. Notwithstanding the foregoing clause (t), Cummer agrees
<br />that Stryker will retain a purchase money security interest in the Products, and W any proceeds from the disposition of such
<br />Products, until the purchase price and other charges due Stryker have been paid in full. Upon any default by Customer hereunder,
<br />Stryker will have any and all rights and remedies of secured parry under rhe Uniform Commercial Code which right will be
<br />mmula ve.
<br />10.2. THE EXPRESS WARRANTIES SEI' FORTH IN SECTION 10.1 AND STRYKER'S STANDARD PRODUCT WARRANTY ARE THE ONLY
<br />WARRANTIES APPLICABLE TO THE PRODUCTS SOLD TO CUSTOMER AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY
<br />BY STRYKER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
<br />NON -INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
<br />10.3. Products returned by Customer for credit, replacement and/Or repair will he In accordance Strykers applicable return policy.
<br />10.4. Strykers standard Product warranties and return policies can be found at stryker mm/returppnlirw. Strykers Product
<br />warranties apply only to (1) the original end-user purchaverof Products directly from Stryker or Its authorized distributors and (it)
<br />Productsmanufactured by Stryker. Unless otherwise agreed to in writing by Stryker, non -Stryker Products are sold"as-W with no
<br />warmnry darty kind, express or Implied.
<br />10.5. in addition to Strykers standard Product warranties, service plans for repairs and maintenance may be purchased at any time for a
<br />number of Strykers capital equipment Products. These special service plans cover repair and/or maintenance that the designated
<br />piece ofequipment may require during the term of the service plan contract Specific service plan details are awilable through your
<br />local Stryker sales representative. Strykers urome plan terve and conEftions are set fords in Appendix R hereto.
<br />10.6. Customer agrees that Stryker may monitor use tithe Products, and services provided through the Products, by Customer and users
<br />and collem and use Stryker Data, including m compile Information related to the provision, operation or use of a Product facilitate
<br />the provision of support, consulting training and other services, and verify compliance with the terms of this Agreement Stryker
<br />may use and make publicly available. Stryker Data to the extent and in the manner permitted under applicable law. Stryker owns
<br />Stryker Data, and Customer grants Stryker a non-exclusive. perpetual. irrevocable, transferable, sublicensable, royalty -free, fully
<br />paid-up, worldwide license to reproduce, distribute, modify, and otherwise use and display Customers Content incorporated within
<br />the Stryker Data. "Stryker Dam" means any data remting to or arising from the business operations or plans, services and products
<br />of Stryker or the performance or use of the Products or that may aide Stryker in opfimizing resources and support; may be used to
<br />Improve products or services, may be used in research and development regarding products Or services; may be used in verification
<br />of security and data integrity of products or services or In resource planning, industry trends, benchmarking or contract
<br />administration (e.g., data used for sales compensation), and any Personal Information that is aggregated and not identified or
<br />identifiable to any Individual.
<br />al. Software laceame(PaseductAMehaee).
<br />11.1. Certain Products contain software that is installed Nro the Products by Stryker. Stryker owns this software and each sale of a
<br />software<onmming Product is not a sale of such software; it includes only a license to use the software in the Product in which
<br />the software was initially installed solely in accordance with the documentation provided with such Product The license for
<br />any such software may be embedded in the equipment, the product documentation or available on
<br />kilos;//w�sv p_yk / _/ /1 1/'Chiral and shall automatically apply to such product on first use of the product. ANY
<br />SOFTWARE LICENSE PROVIDED BY STRYKER DOES NOT EXTEND TO ANY MAINTENANCE OR SERVICE SOFTWARE SHIPPED
<br />TO OR LOCATED AT CUSTOMER'S PREMISES WHICH IS INTENDED TO ASSIST STRYKER EMPLOYEES OR AGENTS IN THE
<br />INSTALLATION, TESTING, SERVICE, AND MAINTENANCE OF ANY PRODUCT. CUSTOMER ACKNOWLEDGES THAT SOFTWARE
<br />PROVIDED WITH A PRODUCT MAY CONTAIN THIRD PARTY SOFTWARE (INCLUDING BUT NOT LIMITED TO OPEN SOURCE
<br />SOFTWARE LICENSES), AND THAT SUCH SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE
<br />LICENSE THAT ACCOMPANIES IT. A LIST OF OPEN SOURCE SOFTWARE USED IN STRYKER PRODUCTS AND THEIR
<br />APPLICABLE LICENSES
<br />MAY BE FOUND hosw ice m/us/en/le /ithtM.
<br />11.2. Any lirense granted by Stryker to use the software contained In Its Products does not give the licensee the right t0 copy, al tor,
<br />disassemble reverse engineer, create derivative works of such software or to use such software in either original or modified
<br />form In any product other than the Stryker Product in which the software was initially insulted by Stryker. Such use is strictly
<br />prohibited.
<br />11.3. Prior to delivering a Product containing software. Stryker may, but is not required to, require Customer to execute a Occas,
<br />FINAL -N Olmstead (OH)-Stryker(Med) PMUMT&Ce WSId Temw uf5 le (US] (5-t3-2024) Page 2 ef6
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