License Agreement

Before and After Photographs

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By signing this Licensing Agreement (“Agreement”) I, __________________________, (“Practitioner”) from ___________________________________, (Clinic),

I. hereby provide to Cynosure:
a. original and true copies of before and after photograph artwork files (un-retouched)(“The Photographs”), reproductions of The Photographs are at Exhibit A;

II. for good and valuable consideration, the receipt and sufficiency of which I acknowledge, hereby grant to Cynosure, LLC, having a place of business at 5 Carlisle Road, Westford, MA 01886 (“Cynosure”) an irrevocable, royalty- free, exclusive license to use The Photographs, together with my name and my credentials and/or my Practice Name (defined below), in the medical device field and sub licensable to Cynosure customers. This exclusive license is assignable by Cynosure to any successor in interest to Cynosure, LLC. This exclusive license gives Cynosure the right to use, modify, reproduce, create derivatives of, distribute, compile, organize, transcribe and transmit, publish, in printed or electronic form or in any form now known or hereafter developed, for all purposes in any and all media including, without limitation, cable and broadcast television and the Internet, for purposes including exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, papers, educational conferences and in brochures and any other print media or electronic media, and this permission extends to all languages, any lawful purpose whatsoever including all media, formats and markets now known or hereafter devised. I also waive any right to inspect or approve finished photographs, video, multimedia, or advertising recordings and copy or printed matter or computer generated scanned image and other electronic media that may be used in conjunction therewith or to approve the eventual use that it might be applied.

III. hereby represent and affirm that:

  1. I own or have the rights to convey any and all right and title in ThePhotographs;
  2. the patient featured in The Photographs was over the age 18 when ThePhotographs were taken;
  3. I have the full power to enter into this License Agreement and to grantthe rights provided herein and that the exercise by Cynosure of suchrights shall not infringe or adversely affect the rights of others;
  4. I expressly waive all rights under the U.S. Copyright Act for the use of the material in the medical device field in favor of Cynosure and all Cynosurecustomers;
  5. I release and discharge Cynosure and its parent, its affiliates, and its andtheir officers, agents, employees, successors and assigns from any and all claims or demands arising out of or connected with use of The Photographs in accordance with this License Agreement;

 

  1. I indemnify Cynosure against any claims brought in connection with the works for invasion of privacy, violation of rights of publicity, or infringement of intellectual property;
  2. I agree that, upon request, I will provide Cynosure a copy of the executed consent form referred to in section I(b); and
  3. I understand that when providing attribution Cynosure will use one or more credential and/or title that I provide below my signature and I hereby verify the accuracy of the credential and/or title.

I, Practitioner, acknowledge that I have read the foregoing and I fully understand and agree to the contents of this License Agreement as of the date as undersigned by Cynosure, LLC.

Practitioner Signature (handwritten signature or electronic signature):

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