WHEREAS Labtician Ophthalmics, Inc. (“Labtician”) manufacturers, sells and/or distributes various products;
AND WHEREAS the undersigned Physician/Patient (the “Physician/Patient”) uses one or more products or devices distributed by Labtician, has been requested to provide a testimonial by Labtician, and has provided a testimonial (the “Testimonial”) in one of the following formats as indicated in the consent form:
- By video
- In writing
AND WHEREAS the Physician/Patient is herein providing Labtician with consent to use and reproduce the Testimonial in the manner hereinafter specified;
NOW THEREFORE in consideration of the mutual covenants of the parties herein contained, Labtician and the Physician/Patient have agreed as follows:
1. The Physician/Patient herein provides Labtician with consent to use and reproduce the Testimonial in the format in which it was given, for any valid marketing or educational purposes that Labtician may see fit.
2. The consent herein shall be limited to Labtician using and reproducing the Testimonial in one of the following manners as indicated in the consent form:
- On a completely anonymous basis
- Using only the Physician/Patient’s initials
- Using the Physician/Patient’s first name only
- Using the Physician/Patient’s full name
3. The Physician/Patient may revoke the consent herein given, at any time by providing Labtician with a minimum of thirty (30) days’ written notice thereof, in which event Labtician shall forthwith cease to use and reproduce the Testimonial after the expiry of the notice period.
4. The Physician/Patient acknowledges that there is no monetary consideration flowing from Labtician to the Physician/Patient for providing the Testimonial, and herein waives:
(a) Any right to claim payment or royalties from Labtician for using the Testimonial; and
(b) Any claim for copyright infringement in respect of the publication and inclusion of the Testimonial in the manner herein specified and authorized.