Please read the terms and conditions of this license agreement (“Agreement”) carefully. By clicking on the “Review and Accept Agreement” button during the licensing process, you indicate your acceptance of its terms and conditions and agree to be bound as set forth herein.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE REQUISITE AUTHORITY AND LEGAL CAPACITY TO BIND YOU AND YOUR ORGANIZATION TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE BUTTON.
Copyright Notice
© 2020 University of Tennessee Research Foundation (UTRF). All rights reserved.
“Technology” includes this product design, .stl file, and specifications for this face shield, developed (i) without the use of any open source designs, (ii) solely by an employee at UT, and (iii) UTRF’s design patent application number 29/733,737 “Face Shield” including any resulting patents. Technology is being provided by the UTRF as a free service to the community during this public health emergency subject to the following terms.
Regulatory Notice
Individuals or organizations that manufacture products utilizing this Technology (“You”) are solely responsible for obtaining all applicable regulatory requirements that apply to the manufacture of the face shield. The distribution or sale of face shields manufactured using this Technology must comply with all regulatory requirements, including, but not limited to with respect to use in the U.S., the April 13, 2020 letter from FDA to Manufacturers of Face Shields (https://www.fda.gov/media/136842/download). Under no circumstances is the University of Tennessee or UTRF responsible for manufacturer’s compliance with regulatory requirements
Liability Notice
BY MANUFACTURING, DISTRIBUTING OR UTILIZING THIS TECHNOLOGY, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE AND AGREE TO HOLD HARMLESS AND WAIVE ANY ALL CLAIMS OF WHATEVER NATURE AGAINST THE UNIVERSITY OF TENNESSEE, UTRF, ITS OFFICERS, EMPLOYEES AND AGENTS, AND OTHER PERSONS OR COMPANIES WHICH MAY HAVE CONTRIBUTED TO THE TECHNOLOGY (“AGENTS”). EXCEPT WHERE SPECIFICALLY PROHIBITED BY LAW, ABSOLUTELY NO WARRANTIES OF ANY KIND ARE OFFERED FOR THE TECHNOLOGY.
Disclaimers
No representations or warranties are being made about these face shields and You and the users assume all risk in face shields use.
- These face shields are not intended to be shared amongst individuals.
- These face shields have not been FDA cleared or approved; use only when other FDA cleared products are not available.
- These face shields are authorized only for the duration of the declaration that circumstances exist justifying the authorization of the emergency use of products under section 564(b)(1) of the Act, 21 U.S.C. § 360bbb-3(b)(1) (the “Emergency Declaration”), unless the authorization is terminated or revoked.
- Holders of these face shields must dispose of the face shields once the Emergency Declaration terminates or is revoked.
- Avoid use of these face shields in any surgical setting or (i) where significant exposure to liquid, bodily or other hazardous fluids, may be expected; (ii) in a clinical setting where the infection risk level through inhalation exposure is high; (iii) in the presence of a high intensity heat source or flammable gas. These face shields are not intended for antimicrobial, antiviral, or infection.
- These face shields should NOT be used as a replacement for conventional and approved Personal Protective Equipment (“PPE”). These face shields have not been industry tested nor have they been NIOSH.
Governing Law
This license is governed by the laws of the state of Tennessee, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this License.
Intellectual Property License
For the duration of the declared COVID-19 public health emergency by the US Government, You are free to use this Technology, including for commercial manufacture, without payment of any fees or royalties. You shall not assert any ownership in the Technology, ownership of which belongs to UTRF. You agree that you will make this face shield available and accessible at an affordable price and shall seek no more than usual and customary profit margins for any sale of face shields.
Any publication referencing the Technology must include the copyright notice above. Any copies or portions of the Technology provided to another person must include the copyright notice and the legal terms above. The above license terminates once the Emergency Declaration is terminated or is revoked.
Accept Terms – Clicking on the “Review and Accept Agreement” button during the licensing process indicates that you agree with the terms and conditions of this license agreement, and agree to receive required notices from UTRF electronically.