AGREEMENT FOR USE OF DATAFILES FROM THE "STANDARDISED FEMUR PROGRAM"

Made this ________________ day of ______________, 1996 by and between the "Laboratorio di Tecnologia Medica" of Istituti Ortopedici Rizzoli (hereinafter referred to as "LTM") and ____________________________________________ (hereinafter referred to as "RECIPIENT").

WHEREAS, the LTM was established by statute in order to assist the advancement of medical and related sciences, to carry out this purpose has developed the "Standardised Femur Program" (SFP);

WHEREAS, the LTM's Standardised Femur Program has produced data files containing the three dimensional geometry of a femoral bone analogue produced by Pacific Research Labs (Vashon Island, Washington, USA) which is becoming a de facto standard in experimental orthopaedic biomechanics.

WHEREAS, RECIPIENT desires to use the SFP products at its sole risk and at no expense to LTM, NOW THEREFORE, it is mutually agreed as follows:

1. The LTM hereby grants a nonexclusive right to RECIPIENT to use the SFP datasets for every non-commercial application.

2. RECIPIENT shall not distribute SFP datasets or subsets of it. RECIPIENT may distribute computer models based on SFP datasets to other institutions and individuals free of charge provided, however, that the RECIPIENT obtains agreement from such institutions and individuals that they will be bound by the terms of this Agreement. No charges, usage fees or royalties will be paid to LTM.

3. RECIPIENT shall acknowledge LTM as its source of the SFP data in a suitable and customary manner, but must not in any way indicate that LTM has endorsed RECIPIENT or its products. The citation should be the following: "The "Standardised Femur" is the computer geometry model of a femoral bone analogue developed by the Laboratory for Biomaterials Technology of Istituti Ortopedici Rizzoli, Italy, within the frame of the Prometeo Project. The femoral bone analogue is produced by Pacific Research Labs (Vashon Island, Washington, USA)".

4. RECIPIENT agrees to provide specific information to LTM regarding any difficulties encountered in using the SFP products, and changes or enhancements to the SFP products that would make them more useful to RECIPIENT and its user groups.

5. RECIPIENT must inform its users that SFP products are provided on an interim basis and may be modified substantially by LTM in subsequent versions.

6. LTM makes no claim that the SFP products encompass all data collected during or associated with this project.

7. LTM makes no warranties express or implied, including no warranty of merchantability or fitness for particular purpose, regarding the accuracy or completeness of the data. Therefore, RECIPIENT agrees to waive any and all claims against LTM and any other organization contributing data to SFP products for liability resulting from errors in data.

8. RECIPIENT understands that there may be substantial changes in the content or format of the subsequent versions of SFP datasets and that there may be a charge for subsequent versions of SFP products.

9. LTM may offer SFP datasets to other commercial and noncommercial organizations without informing the RECIPIENT.

10. This Agreement shall be effective until terminated by either party with 60 days written notice to the other. In the event of termination of this Agreement RECIPIENT must promptly destroy and erase all data obtained under this Agreement as well as any such data now contained in any derivative files under the RECIPIENT's control.

IN WITNESS WHEREOF, the parties have executed this Agreement, effective upon the date first written above:

FOR THE RECIPIENT: Institution: __________________________________________________

Principal Investigator Signature: ____________________________________

Principal Investigator Name (typed):_________________________________

e_mail Address:__________________________________________________


Send by mail this form, filled in each part and signed in original, to:

Marco Viceconti
Laboratorio di Tecnologia dei Materiali
Istituti Ortopedici Rizzoli
via di Barbiano, 1/10
40136 BOLOGNA - ITALY