PHYSICIAN CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
This page is for those who have purchased an Avicenna Laser with a clinical training and support package and are accessing the Avicenna Video Training Portal. You will be notified when your training and support package will expire.
You can Print this Agreement here.
Please read the following agreement and then fill out and submit the form at the bottom of this page if you agree to the terms.
BY ACCEPTING INFORMATION PROVIDED BY AVICENNA LASER TECHNOLOGY, YOU HAVE ACCEPTED THE TERMS OF THIS AGREEMENT
The contents of this document and any that follow, are proprietary and confidential and may not be copied, disclosed or used, in whole or in part, without the express written consent of Avicenna Laser Technology, Inc. (the “Company”).
The Company owns Confidential Information about its business, products, services and clinical protocols that are being disclosed to RECIPENT for consideration of the Company’s business potential. RECIPIENT will protect the confidential material and information that will be disclosed between the Company and RECIPIENT. Therefore, the parties agree as follows:
1. CONFIDENTIAL INFORMATION: The term Confidential Information means any information or material, which is proprietary to the Company, whether or not owned or developed by the Company, which is not generally known, and which RECIPIENT may obtain through any direct or indirect contact with the Company.
A. Confidential Information includes, without limitation: Business records and plans, sales and marketing concepts, trade secrets, technical information, products, product design information, clinical training protocols, pricing structure discounts and other proprietary information.
B. Confidential Information does not include: Matters of public knowledge that result from disclosure by the Company, information rightfully received by RECIPIENT from a third party without a notice of confidentiality and information independently developed by RECIPIENT and any other information that both parties agree in writing is not confidential.
2. PROTECTION OF CONFIDENTIAL INFORMATION: RECIPIENT understands and acknowledges that the Confidential Information has been developed or obtained by the Company through the investment of significant time, effort and expense, and that the Confidential Information is a valuable business asset of the Company, which provides the Company with a significant competitive advantage. Therefore, RECIPIENT agrees to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of the Company. The RECIPIENT agrees that by receiving written materials regarding clinical protocols that he/she will not share them with physicians outside of the Avicenna Network. RECIPIENT shall not disclose any Confidential Information to any employees of RECIPIENT, except those employees who require the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a nondisclosure agreement substantially the same as this Agreement at the request of the Company.
3. UNAUTHORIZED DISCLOSURE OF INFORMATION: If it appears that RECIPIENT has disclosed Confidential Information in violation of this Agreement, the Company shall be entitled to an injunction to restrain RECIPIENT from disclosing, in whole or in part, the Confidential Information. The Company shall not be prohibited by this provision from pursuing other remedies, including a claim for damages where prevailing party in such litigation shall be entitled to recover reasonable attorney’s fees and costs.
4. GENERAL PROVISIONS: This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the state of Florida. This Agreement shall not be assignable by either party, and neither party may delegate its duties under this Agreement, without the prior written consent of the other party.