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Evaluation Protocols and shall maintain the Product(s) in good working order until the Program
is completed.
In the event the Product(s) are not in good working order or if the Product(s)
break or malfunction in the course of carrying out the Evaluation, MERC shall notify the
Participant but not repair or replace the Product. The Participant understands, acknowledges and
agrees that it, not MERC, shall be liable to any third parties damaged or injured by any breakage
or malfunction of the Product(s) that occurs in the course of the Program, or for any infringement
by the Product(s) upon any patents, copyrights or other intellectual property rights of any third
party. The Participant further agrees to indemnify and hold MERC and its directors, officers,
agents, employee, representatives, predecessors, successors, affiliates, and assigns harmless from
any liability, including reasonable attorneys’ fees, relating to or arising from any such breakage
or malfunction of the Products in the course of the Program or any infringement by the
Product(s) upon any patents, copyrights or other intellectual property rights of any third party.
6.
Ownership of Data. The Parties understand, acknowledge and agree that
Evaluation Statements will include data summaries and statistics on instrument performance, and
further agree that all raw data collected from Product(s) in connection with the Program are the
joint property of MERC and the Participant and shall be disclosed by MERC only to the
Participant, unless the Participant otherwise requests in writing. The Participant hereby agrees
that MERC may maintain in its files a copy of all data collected in the course of the Program in
order to memorialize, verify and defend the results of the Program.
7.
No Endorsement or Recommendation. The Participant acknowledges that
through the Program, MERC does not make any recommendations, comparisons or
endorsements of specific instruments. The Participant shall neither claim nor even imply to
anyone that the Evaluation Reports prepared by MERC make any conclusions as to the relative
performance of instruments. If the Participant decides to interpret the results or make
conclusions as to the relative performance of another treatment system, the Participant must