NuVaLine Terms Of Use

USA, Puerto rico, Australia, New Zealand and Japan

(Effective as of May 2016)

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein with “you” or with “your”) AND NUVASIVE, INC. (referenced herein as “NuVasive”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (referenced herein as the “Agreement”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE NUVALINE MOBILE SOFTWARE APPLICATION (referenced herein as “NuvaLine”). NUVASIVE IS WILLING TO LICENSE TO YOU THE RIGHT TO USE NUVALINE ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO USE NUVALINE AND YOU ARE INSTRUCTED TO STOP USE OF NUVALINE.

BY CLICKING "I ACCEPT" AT THE END OF THIS AGREEMENT OR BY INSTALLING, ACCESSING, OR USING NUVALINE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS.

2. RESTRICTIONS ON USE. All rights not expressly granted under this Agreement are hereby reserved to NuVasive. Accordingly, you are hereby prohibited from using NuvaLine in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit NuvaLine, or any portion of NuvaLine without NuVasive’s prior written consent except as expressly and unambiguously authorized herein. Moreover, you may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of NuvaLine or in any way reproduce or circumvent the navigational structure or presentation of NuvaLine to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through NuvaLine, (b) attempt to gain unauthorized access to any portion or feature of NuvaLine or any other systems or networks connected to NuvaLine or to any NuVasive server or to any of the services offered on or through NuvaLine, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of NuvaLine or any network connected to NuvaLine, nor breach the security or authentication measures on NuvaLine or any network connected to NuvaLine, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to NuvaLine, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of NuvaLine or NuVasive's systems or networks or any systems or networks connected to NuvaLine, (f) use any device, software, or routine to interfere with the proper working of NuvaLine or any transaction conducted on NuvaLine, or with any other person's use of NuvaLine, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NuVasive on or through NuvaLine, or (h) use NuvaLine in an unlawful manner.

3. NO MEDICAL ADVICE. NuvaLine is a software application designed to provide on-the-go measurements to determine and evaluate alignment goals and objectives and perform pre-op, intra-op, and post-op angular assessment in connection with NuVasive’s other designated products and services. Use of NuvaLine is provided for informational purposes only and is not intended to be, or be a substitute for, professional medical advice, diagnosis, or treatment. Further, NuvaLine is a diagnostic tool and is not intended for use by patients or as a means to seek consent or provide required disclosure(s) to any patient. You should use your own clinical judgment or always seek the advice of a qualified physician or health care professional regarding the diagnosis and treatment of medical conditions or other health care advice or information.

4. SUBMISSIONS. Any content or image (collectively, “Submissions”) collected, processed, analyzed, or submitted by you through NuvaLine or that is received by NuVasive will be deemed to include a royalty-free, transferable, sublicensable and non-exclusive right and license for NuVasive to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission, without additional approval or consideration, in furtherance of and in connection with the operation of NuvaLine, and you hereby waive any claim to the contrary. NuVasive reserves the right to establish practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Submission(s). Further, NuVasive shall not have any obligation to incorporate or utilize any Submission that does not correspond to or meet NuVasive’s technical or usage practices, parameters, and limits. Please visit https://www.nuvasive.com/surgical-solutions/spinal-alignment for more information.

5. USER OBLIGATIONS. By downloading, accessing, or using NuvaLine, you represent and warrant that you will abide by all applicable local, state, national laws and regulations with respect to your use of NuvaLine and that you are at least 18 years of age or the legal age of majority. NuvaLine was designed to provide certain information directly to a licensed medical professional and surgeon and is not intended for use by the general public. Other than other NuVasive products or applications, you have no right to transfer or disclose any Submission from NuvaLine to another device, computer, or storage medium or to use NuvaLine to email, text, or send a Submission to anyone other than health care professionals that have a need to know of such Submission in connection with their provision of health care services. You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information when submitting information to NuVasive through NuvaLine; (ii) you will at all times comply with the terms and conditions of this Agreement; (iii) you have all necessary rights to make available any Submissions, including, without limitation, the permission of any patient or other required physician (or health care professional); and (iv) that none of your Submissions will violate any right(s) of a third party including, without limitation, any privacy, publicity, intellectual property, confidentiality and/or employment right. Upon completion of any surgical event or procedure, you agree to delete or remove from NuvaLine any Submission related to the subject of such surgical event or procedure. While NuVasive has endeavored to create a secure and reliable solution, you also acknowledge and agree that use of the Internet or other global or local communication network and access to NuvaLine is solely at your own risk. You are also solely responsible for any Submission you provide to NuvaLine or NuVasive.

6. IMPERMISSIBLE SUBMISSIONS; NO PRE-SCREENING OF SUBMISSIONS. NuvaLine is not intended to maintain or transmit protected health information as such term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended. Accordingly, you will not include with any Submission any patient-identifying information and will otherwise ensure that each Submission does not include any content, image, or other information that is: (a) unlawful or in violation of the privacy, proprietary, or intellectual property rights of another person or entity; or (b) in violation of related laws in any country in which you use NuvaLine. NuVasive is not responsible for screening, policing, editing, verifying, or monitoring your or another user’s Submissions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission. Moreover, and except as provided below with respect to NuVasive's right and ability to delete or remove a Submission (or any part thereof), NuVasive does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Submission displayed, uploaded, or distributed by you or any other user. Nevertheless, NuVasive reserves the right to monitor, delete, or take other action to the extent of its control with respect to Submissions (or parts thereof) that NuVasive believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to NuVasive, its services, or goodwill.

7. ACCOUNT REGISTRATION AND USER NAME HANDLING POLICY: You may be required to register to use NuvaLine. By registering or creating an account, you agree to provide accurate and complete information and to inform NuVasive of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. Registration for access to and use of NuvaLine may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by NuVasive in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of NuVasive, which may be withheld in its sole discretion. You shall immediately notify NuVasive if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. NuVasive will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.

8. LINKS TO OTHER SITES. NuvaLine may connect to certain third party websites or online networks (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by NuVasive and are owned, controlled and/or maintained solely by third parties over whom NuVasive exercises no control. Your correspondence or any other dealings with third parties found through any Third Party Site on NuvaLine is solely between you and such third party. Accordingly, NuVasive hereby expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.

9. Mobile Services. NuvaLine offers various tools that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of NuvaLine and its related Mobile Services shall be strictly in accordance with this Agreement.

10. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use NuvaLine in accordance with the terms of this Agreement. Accordingly, you hereby agree that NuVasive transfers no ownership or intellectual property interest or title in and to NuvaLine or any other NuVasive intellectual property to you or anyone else in connection with your use of NuvaLine. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through NuvaLine (except for Submissions) are exclusively owned, controlled, and/or licensed by NuVasive, Inc. or its licensor(s) or affiliate(s). NUVASIVE, NUVALINE, NUVAMAP, NUVAPLANNING, RELINE, iGA and all other marks identifying the products or services of NuVasive are proprietary trademarks of Nuvasive, Inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of NuVasive is hereby strictly prohibited.

11. PRIVACY POLICY. Access to NuvaLine may require you to submit certain personally identifiable information. Please review NuVasive’s Privacy Policy found at http://www.nuvasive.com/privacy-policy/ for a summary of NuVasive’s practices related to the collection and use of personally identifiable information.

12. DISCLAIMER. THIS CLAUSE IS SUBJECT TO ANY LOCAL LAW ADDENDUM. NUVALINE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NUVASIVE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NUVASIVE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT NUVALINE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF NUVALINE.

13. LIMITATION OF LIABILITY. THIS CLAUSE IS SUBJECT TO ANY LOCAL LAW ADDENDUM. NUVASIVE SHALL NOT HAVE ANY LIABILITY FOR THE FAILURE TO STORE ANY INFORMATION OR SUBMISSION. YOU ALSO EXPRESSLY ABSOLVE AND RELEASE NUVASIVE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NUVASIVE'S CONTROL, INCLUDING, BUT NOT LIMITED TO, USE DURING ANY SURGERY PROCEDURE(S) OR OTHER MEDICAL TREATMENT YOU CONDUCT OR ADMINISTER, INFORMING PATIENTS OF USE OR NONUSE OF NUVALINE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUVASIVE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF NUVALINE, WITH THE DELAY OR INABILITY TO USE NUVALINE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH NUVALINE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NUVASIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF NUVASIVE FOR ANY REASON WHATSOEVER RELATED TO USE OF NUVALINE SHALL NOT EXCEED $500 (US).

14. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of NuVasive’s intellectual property or proprietary rights, may cause irreparable injury to NuVasive, whereby such injury would not be quantifiable in monetary damages, and NuVasive would not have an adequate remedy at law. In the event of such injury or potential for such injury you therefore hereby agree that NuVasive shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.

15. SECURITY & ENFORCEMENT. Any actual or attempted use of NuvaLine by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NuVasive reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of NuvaLine (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through NuvaLine. NuVasive may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. NuVasive will also disclose User Information as required by any court order and/or subpoena. In addition, NuVasive hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to NuvaLine, or any portion thereof, in order to protect NuvaLine, NuVasive intellectual property, NuVasive, or the business interests of NuVasive and/or its members and affiliates.

16. GOVERNING LAW. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You agree to the personal jurisdiction by and venue in any federal or state court in the State of California, County of San Diego and waive any objection to such jurisdiction or venue and further to a jury trial in any action. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Any claim you might have against NuVasive must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by NuVasive, NuVasive shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which NuVasive may be entitled. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this Agreement or contact NuVasive if you wish to receive a printed copy of this Agreement.

17. TERM AND TERMINATION. This Agreement will take effect at the time you click “I ACCEPT”, download NuvaLine or begin using NuvaLine, whichever is earliest. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of NuvaLine. Termination will be effective without notice. In addition, NuVasive may in its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use NuvaLine shall immediately cease and you must promptly delete or destroy all copies of NuvaLine in your possession or control. Sections 2-3, 8, 10, 12-14, 17-18, and 20 will survive the termination of this Agreement.

18. WAIVER & SEVERABILITY. NuVasive’s failure to insist on upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

19. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to access to or use of NuVasive’s products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, NuVasive shall resolve any conflict in good faith in its sole discretion but this Agreement shall generally control with respect to accessing and using NuvaLine.

20. MISCELLANEOUS. You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google, Inc., or any other digital download platform from which you download NuvaLine (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms. No joint venture, partnership, employment, or agency relationship exists between you and NuVasive as a result of this Agreement or your utilization of NuvaLine. Headings are for convenience only. This Agreement and NuVasive’s Privacy Policy found at http://www.nuvasive.com/privacy-policy/ represent the entire agreement between you and NuVasive with respect to use of NuvaLine, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and NuVasive. You may not assign, delegate, or transfer any rights under this Agreement without the prior express written consent of NuVasive, which may be withheld in NuVasive’s sole discretion. NuVasive may update these terms and conditions at any time by posting or sending you a revised version of the Agreement, and may do so without advance notice to you. Accordingly, please review the terms and conditions found at this location on a periodic basis. Each time you access NuvaLine, you agree to be bound by the Agreement in effect at the time you access NuvaLine. If you do not agree to the revised terms, do not use NuvaLine.

AUSTRALIAN LAW ADDENDUM

For users in Australia, these Terms of Use should be read subject to the following amendments:

Clause 2 - Restrictions on Use: You agree to comply with the restrictions in clause 2, even if you have other rights at law (including under the Copyright Act 1968 (Cth) that might be inconsistent with those restrictions.

Clause 6 – Impermissible Submissions; No pre-screening of submissions: The first sentence of this clause is replaced with the following: NuvaLine is not intended to maintain or transmit personal information (including health and sensitive information) as those terms are understood under the Privacy Act 1988 (Cth).

Clause 11 – Privacy Policy: The following sentence is added to the end of the clause: Please review the NuVasive (Aust/NZ) Pty Ltd. Privacy Policy found at http://www.nuvasive.com/privacy-policy/ for a summary of NuVasive’s practices related to the collection and use of personally identifiable information. You consent to the use of personal information in accordance with that policy and warrant that you have made all disclosures, and obtained all consents, necessary for you to lawfully use NuvaLine in accordance with these terms.

Clause 12 – Disclaimer: The exclusions in this clause apply only to the maximum extent permitted by law, and do not exclude any non-excludable guarantees under the Australian Consumer Law or equivalent legislation. The clause also includes the following mandatory notice:

“OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.” Similar remedies apply in relation to services.

Clause 13 – Limitation of Liability: The following text is added to the end of the clause.

NOTWITHSTANDING THE FOREGOING, IF THE COMPETITION AND CONSUMER ACT (2010) OR EQUIVALENT LEGISLATION IMPOSES GUARANTEES IN RELATION TO WHICH NUVASIVE CANNOT EXCLUDE LIABILITY BUT CAN LIMIT IT, THE LIMITATIONS AND EXCLUSIONS IN CLAUSE DO NOT APPLY, AND INSTEAD, NUVALINE LIMITS ITS LIABILITY (AT ITS OPTION) IN THE CASE OF GOODS TO THE REPAIR OR REPLACEMENT OF THE RELEVANT GOODS (OR PAYMENT OF THE COST OF DOING SO) AND IN THE CASE OF SERVICES, RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF DOING SO.

NEW ZEALAND LAW ADDENDUM

For users in New Zealand, these Terms of Use should be read subject to the following amendments:

Clause 2 - Restrictions on Use: The following sentence is added to the end of the clause: You agree to comply with the restrictions in clause 2, even if you have other rights at law (including under the Copyright Act 1994) that might be inconsistent with those restrictions.

Clause 11 – Privacy Policy: The following sentence is added to the end of the clause: Please review the NuVasive (Aust/NZ) Pty Ltd. Privacy Policy found at http://www.nuvasive.com/privacy-policy/ for a summary of NuVasive’s practices related to the collection and use of personally identifiable information. You authorise NuVasive to use your personal information in accordance with that policy, and warrant that you have made all disclosures, and obtained all consents, necessary for you to lawfully use NuvaLine in accordance with these terms.

Clause 12 – Disclaimer: The following text is added to the end of the clause: The exclusions in this clause apply to the maximum extent permitted by law. For the purposes of the Fair Trading Act 1986, you acknowledge that: (a) you will not rely on any representations or other conduct of NuVasive, whether such representations or conduct occurred prior to you installing, accessing or using NuvaLine, or at any subsequent time; (b) you will not make any claim or bring proceedings against NuVasive pursuant to clause 9, 12A and/or 13 of the Fair Trading Act 1986; and (c) the disclaimer in this clause 12 is fair and reasonable, and necessary to protect the legitimate interests of NuVasive, particularly with regard to the fact that NuvaLine is provided to you free of charge.

Clause 13 – Limitation of liability: The following text is added to the end of the clause: For the purposes of the Fair Trading Act 1986, you acknowledge that the limitation of liability set out in this clause 13 is fair and reasonable, and necessary to protect the legitimate interests of NuVasive, particularly with regard to the fact that NuvaLine is provided to you free of charge.

JAPANESE LAW ADDENDUM

For users in Japan, these Terms of Use should be read subject to the following amendments:

Clause 11 – Privacy Policy: The following sentence is added to the end of the clause: Please also review the NuVasive Japan Kabushiki-kaisha Privacy Policy found at http://www.nuvasive.com/privacy-policy/ for a summary of NuVasive’s practices related to the collection and use of personally identifiable information.

Clause 13 – Limitation of Liability: The following sentence is added to the end of the clause:

NOTWITHSTANDING THE FOREGOING, WHERE JAPANESE CONSUMER CONTRACT ACT (ACT NO. 61 OF MAY 12, 2000) IS APPLIED TO THE CONTRACTUAL RELATIONSHIP BETWEEN YOU AND NUVASIVE, THE LIMITATION OF LIABILITY IN THIS CLAUSE DOES NOT APPLY. IN THAT CASE, NUVASIVE SHALL BE LIABLE ONLY FOR ACTUAL AND DIRECT DAMAGES AND TOTAL LIABILITY OF NUVASIVE SHALL NOT EXCEED $500 (USD), EXCEPT WHEN SUCH LIABILITY IS RESULTED FROM NUVASIVE'S INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT.

Clause 15 – SECURITY & ENFORCEMENT: The first sentence of this clause is replaced with the following: Any actual or attempted use of NuvaLine by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law and Japanese Act on Prohibition of Unauthorized Computer Access (Act No. 128 of August 13, 1999).

NUVALINE Terms of Use

UK, Netherlands, Germany, Spain, Belgium, Chile

(Effective as of June 2016)

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein with “you” or with “your”) AND NUVASIVE, INC. (referenced herein as “NuVasive”). YOU SHOULD READ THE FOLLOWING TERMS OF USE (referenced herein as the “Agreement”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE NUVALINE MOBILE SOFTWARE APPLICATION (referenced herein as “NuvaLine”). NUVASIVE IS WILLING TO LICENSE TO YOU THE RIGHT TO USE NUVALINE ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO USE NUVALINE AND YOU ARE INSTRUCTED TO REFRAIN FROM OR STOP USING OF NUVALINE.

1. LICENSE GRANT. Subject to your continued compliance with this Agreement, NuVasive provides to you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use NuvaLine on your mobile phone or other mobile computing device, only for purposes of helping to provide health care services to patients. The content layout, formatting, and features of, and access privileges for, NuvaLine shall be as specified by NuVasive at its sole discretion. You also acknowledge and agree to the following: (i) NuVasive has the right to control and direct the means, manner, and method by which NuvaLine is provided; (ii) NuVasive may, from time to time engage independent contractors, consultants, or subcontractors to aid NuVasive in providing NuvaLine or use thereof; and (iii) NuVasive has the right to provide NuvaLine to others. NuVasive may also, as it sees fit and at its sole discretion, develop and provide updates for NuvaLine. These updates may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of NuvaLine may not properly operate if you do not install all Updates. You expressly consent to such automatic Updates. Further, you agree that the Agreement (and any additional modifications of the same) will apply to any and all Updates. NuVasive has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of NuvaLine.

3. NO MEDICAL ADVICE. NuvaLine is a software application designed to provide on-the-go measurements to determine and evaluate alignment goals and objectives and perform pre-op, intra-op, and post-op angular assessment in connection with NuVasive’s other designated products and services. Use of NuvaLine is provided for informational purposes only and is not intended to be, or be, a substitute for, professional medical advice, diagnosis, or treatment. Further, NuvaLine is a diagnostic tool and is not intended for use by patients or as a means to seek consent or provide required disclosure(s) to any patient. The use of NuvaLine does not relieve you from your duty to use your own clinical judgment or to seek the advice of a qualified physician or health care professional regarding the diagnosis and treatment of medical conditions or other health care advice or information.

4. SUBMISSIONS. Any content or image (collectively, “Submissions”) collected, processed, analyzed, or submitted by you through NuvaLine or that is otherwise received by NuVasive, will be deemed to include a royalty-free, transferable, sublicensable and non-exclusive right and license for NuVasive to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission, without additional approval or consideration, in furtherance of and in connection with the operation of NuvaLine, and you hereby waive any claim to the contrary. NuVasive reserves the right to establish practices, parameters, and limits at its sole discretion concerning the storage, display, or availability of any Submission(s). Further, NuVasive shall not have any obligation to incorporate or utilize any Submission that does not correspond to or meet NuVasive’s technical or usage practices, parameters, and limits. Please visit http://www.nuvasive.com/health-providers/iga for more information.

5. USER OBLIGATIONS. By downloading, accessing, or using NuvaLine, you represent and warrant that you will abide by all applicable local, state, national laws and regulations with respect to your use of NuvaLine and that you are at least eighteen (18) years of age or – in the case that the legal age of majority is not eighteen (18) the legal age of majority. NuvaLine was designed to provide certain information directly to a licensed medical professional and surgeon and is not intended for use by the general public. Other than other NuVasive products or applications, you have no right to transfer or disclose any Submission from NuvaLine to another device, computer, or storage medium or to use NuvaLine to email, text, or send a Submission to anyone other than health care professionals that have a need to know of such Submission in connection with their provision of health care services. You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information when submitting information to NuVasive through NuvaLine; (ii) you will at all times comply with the terms and conditions of this Agreement; (iii) you have all necessary rights to make available any Submissions, including, without limitation, the permission of any patient or other required physician (or health care professional); and (iv) that none of your Submissions will violate any right(s) of a third party including, without limitation, any privacy, publicity, intellectual property, confidentiality and/or employment right. Upon completion of any surgical event or procedure, you agree to delete or remove from NuvaLine any Submission related to the subject of such surgical event or procedure. While NuVasive has endeavored to create a secure and reliable solution, you also acknowledge and agree that use of the Internet or other global or local communication network and access to NuvaLine is solely at your own risk. You are also solely responsible for any Submission you provide to NuvaLine or NuVasive.

6. IMPERMISSIBLE SUBMISSIONS; NO PRE-SCREENING OF SUBMISSIONS. NuvaLine is not intended to maintain or transmit Personal Data as that term is defined in the EU Data Protection Directive (Directive 95/46/EC) and, in Spain, Organic Law 15/1999, of the 13th of December, on the Protection of Personal Data. Accordingly, you will not include with any Submission any patient-identifying information and will otherwise ensure that each Submission does not include any content, image, or other information that is: (a) unlawful or in violation of the privacy, proprietary, or intellectual property rights of any person or entity; or (b) in violation of related laws in any country in which you use NuvaLine. NuVasive is not responsible for screening, policing, editing, verifying, or monitoring your or another user’s Submissions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission. Moreover, and except as provided below with respect to NuVasive's right and ability to delete or remove a Submission (or any part thereof), NuVasive does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Submission displayed, uploaded, or distributed by you or any other user. Nevertheless, NuVasive reserves the right to monitor, delete, or take other action to the extent of its control with respect to Submissions (or parts thereof) that NuVasive believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to NuVasive, its services, or goodwill.

7. ACCOUNT REGISTRATION AND USER NAME HANDLING POLICY: You may be required to register to use NuvaLine. By registering or creating an account, you agree to provide accurate and complete information and to keep this information up to date. Each registration is for a single user only, unless otherwise expressly provided on the registration page. Registration for access to and use of NuvaLine may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by NuVasive at its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of NuVasive, which may be withheld at its sole discretion. You shall immediately notify NuVasive if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. NuVasive will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. You have the right to delete your account. You can request removal of your account by contacting NuVasive at [email protected]. If you choose permanently to delete your account, the Personal Data associated with your account will also be deleted.

10. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use NuvaLine in accordance with the terms of this Agreement. Accordingly, you hereby agree that NuVasive transfers no ownership or intellectual property interest or title in and to NuvaLine or any other NuVasive intellectual property to you or anyone else in connection with your use of NuvaLine. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through NuvaLine (except for Submissions) are exclusively owned, controlled, and/or licensed by NuVasive, Inc. or its licensor(s) or affiliate(s). NUVASIVE, NUVALINE, NUVAMAP, NUVAPLANNING, RELINE, iGA and all other marks identifying the products or services of NuVasive are proprietary trademarks of NuVasive, Inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of NuVasive is hereby strictly prohibited.

12. DISCLAIMER. Nuvasive will use reasonable endeavours to ensure that Nuvaline operates as described in Clause 3 above. EXCEPT WHERE PROHIBITED BY LAW, NUVASIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. NUVALINE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, NuVasive makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of NuvaLine or any Submissions. To the maximum extent permitted by applicable law, NuVasive does not warrant that (i) NuvaLine will meet your requirements, (ii) the operation of NuvaLine will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by us does not and will not create a warranty. To the maximum extent permitted by applicable law, NuVasive also makes no representations or warranties of any kind with respect to Submissions; Submissions, are provided by and are solely the responsibility of the users providing those Submissions. No advice or information, whether oral or written, obtained through NuvaLine, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of NuvaLine is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with you.

13. LIMITATION OF LIABILITY. NUVASIVE SHALL NOT HAVE ANY LIABILITY FOR THE FAILURE TO STORE ANY INFORMATION OR SUBMISSION. YOU ALSO EXPRESSLY ABSOLVE AND RELEASE NUVASIVE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NUVASIVE'S CONTROL, INCLUDING, BUT NOT LIMITED TO, USE DURING ANY SURGERY PROCEDURE(S) OR OTHER MEDICAL TREATMENT YOU CONDUCT OR ADMINISTER, INFORMING PATIENTS OF USE OR NONUSE OF NUVALINE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUVASIVE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF NUVALINE, WITH THE DELAY OR INABILITY TO USE NUVALINE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH NUVALINE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NUVASIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF NUVASIVE FOR ANY REASON WHATSOEVER RELATED TO USE OF NUVALINE SHALL NOT EXCEED $500 (US). In the Netherlands, to the maximum extent permitted by applicable law, (a) the foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not NuVasive has been informed of the possibility of such damage, (b) NuVasive shall not incur any liability or responsibility to you or to any third party, arising out of or connected in any manner with NuvaLine, unless such liability or responsibility is the result of gross negligence or willful misconduct on the part of NuVasive, and (c) claims for compensation of damage will expire one (1) year after the date on which you became aware of the damage and NuVasive’s liability.

15. SECURITY & ENFORCEMENT. Any actual or attempted use of NuvaLine by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NuVasive reserves the right at its sole discretion to review, monitor, and/or record any information relating to your use of NuvaLine (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through NuvaLine. NuVasive may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. NuVasive will also disclose User Information as required by any court order and/or subpoena. In addition, NuVasive hereby reserves the right at its sole discretion, at any time and without notice or consent to modify, suspend, restrict, terminate, and/or interrupt operation of or access to NuvaLine, or any portion thereof, in order to protect NuvaLine, NuVasive intellectual property, NuVasive, or the business interests of NuVasive and/or its members and affiliates. NuVasive does not accept responsibility or liability for failure to store or delete any Submissions submitted to NuvaLine.

17. TERM AND TERMINATION. This Agreement will take effect at the time you click “I ACCEPT”, download NuvaLine or begin using NuvaLine, whichever is earliest. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of NuvaLine. Termination will be effective without notice. In addition, NuVasive may at its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use NuvaLine shall immediately cease and you must promptly delete or destroy all copies of NuvaLine in your possession or control. Sections 2-3, 8, 10, 12-14, 17-18, and 20 will survive the termination of this Agreement.

18. WAIVER & SEVERABILITY. NuVasive’s failure to enforce any of the terms and conditions of this Agreement by you, will not operate as a waiver of any of NuVasive’s rights under this Agreement, whether for past or future actions. Only a specific, written waiver signed by an authorized representative of NuVasive shall have any legal effect. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or a court order, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue to have effect.

19. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to access to or use of NuVasive’s products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, NuVasive shall resolve any conflict in good faith at its sole discretion but this Agreement shall generally control with respect to accessing and using NuvaLine.

20. MISCELLANEOUS. You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google, Inc., or any other digital download platform from which you download NuvaLine (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms. No joint venture, partnership, employment, or agency relationship exists between you and NuVasive as a result of this Agreement or your utilization of NuvaLine. Headings are for convenience only. This Agreement and NuVasive’s Privacy Policy found at http://www.nuvasive.com/privacy-policy/ represent the entire agreement between you and NuVasive with respect to use of NuvaLine, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and NuVasive. You may not assign, delegate, or transfer any rights under this Agreement without the prior express written consent of NuVasive, which may be withheld at NuVasive’s sole discretion. NuVasive may update these terms and conditions at any time by posting or sending you a revised version of the Agreement, and may do so without advance notice to you. Accordingly, please review the terms and conditions found at this location on a periodic basis. Each time you access NuvaLine, you agree to be bound by the Agreement in effect at the time you access NuvaLine. If you do not agree to the revised terms, do not use NuvaLine.

NUVALINE Terms of Use

Austria

(Effective as of November 2016)

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein with “you” or with “your”) AND NUVASIVE, INC., a corporation organized and existing under the laws of the united states of america, having its registered place of business at 7475 LUSK BLVD, SAN DIEGO CA 92121(referenced herein as “NuVasive”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS OF USE (referenced herein as the “Agreement”) BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE NUVALINE MOBILE SOFTWARE APPLICATION (referenced herein as “NuvaLine”). NUVASIVE IS WILLING TO LICENSE TO YOU THE RIGHT TO USE NUVALINE ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO USE NUVALINE AND YOU ARE INSTRUCTED TO STOP USE OF NUVALINE.

1. SCOPE. NuvaLine is a surgical planning and assessment software application for mobile devices (mobile phones and tablets). It can be used to calculate parameters from lateral radiographs in real time and provides quick, on-the go measurements to determine and evaluate surgical opportunities and objectives. The use of NuvaLine is strictly limited to surgeons, doctors, physicians and other health care professionals to provide health care services and does not target consumers. The purpose of NuvaLine is the advanced provision of information. Thus, NuvaLine cannot replace individual medical advice and is to be used as a mean of assistance only. The information and content provided by NuVasive is based on scientific knowledge and practical experience. However, the information cannot be directly transferred to an individual case, due to the variability of clinical symptoms.

2. LICENSE GRANT. Subject to your continued compliance with this Agreement, NuVasive provides to you a revocable, limited to the term and to the purpose of this Agreement, non-exclusive, non-transferable, and non-sublicensable license to access and use NuvaLine on your mobile phone or other mobile computing device only for purposes of helping to provide health care services to patients. The content layout, formatting, and features of and access privileges for NuvaLine shall be as specified by NuVasive in its sole discretion. You also acknowledge and agree to the following: (i) NuVasive has the right to control and direct the means, manner, and method by which NuvaLine is provided; (ii) NuVasive may, from time to time engage independent contractors, consultants, or subcontractors to aid NuVasive in providing NuvaLine or use thereof; and (iii) NuVasive has the right to provide NuvaLine to others.

3. RESTRICTIONS ON USE. All rights not expressly granted under this Agreement are hereby reserved to NuVasive. Accordingly, you are hereby prohibited from using NuvaLine in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit NuvaLine, or any portion of NuvaLine without NuVasive’s prior written consent except as expressly and unambiguously authorized herein. Moreover, you may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of NuvaLine or in any way reproduce or circumvent the navigational structure or presentation of NuvaLine to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through NuvaLine, (b) attempt to gain unauthorized access to any portion or feature of NuvaLine or any other systems or networks connected to NuvaLine or to any NuVasive server or to any of the services offered on or through NuvaLine, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of NuvaLine or any network connected to NuvaLine, nor breach the security or authentication measures on NuvaLine or any network connected to NuvaLine, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to NuvaLine, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of NuvaLine or NuVasive's systems or networks or any systems or networks connected to NuvaLine, (f) use any device, software, or routine to interfere with the proper working of NuvaLine or any transaction conducted on NuvaLine, or with any other person's use of NuvaLine, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NuVasive on or through NuvaLine, or (h) use NuvaLine in an unlawful manner.

4. NO MEDICAL ADVICE. NuvaLine is a software application designed to provide on-the-go measurements to determine and evaluate alignment goals and objectives and perform pre-op, intra-op, and post-op angular assessment in connection with NuVasive’s other designated products and services. Use of NuvaLine is provided for informational purposes only and is not intended to be, or be a substitute for, professional medical advice, diagnosis, or treatment. Further, NuvaLine is a diagnostic tool and is not intended for use by patients or as a means to seek consent or provide required disclosure(s) to any patient. You should use your own clinical judgment or always seek the advice of a qualified physician or health care professional regarding the diagnosis and treatment of medical conditions or other health care advice or information.

5. SUBMISSIONS. Any content or image (collectively, “Submissions”) collected, processed, analyzed, or submitted by you through NuvaLine or that is received by NuVasive will be deemed to include a royalty-free, transferable, sublicensable and non-exclusive right and license for NuVasive to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission, without additional approval or consideration, in furtherance of and in connection with the operation of NuvaLine, and you hereby waive any claim to the contrary. NuVasive reserves the right to establish practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Submission(s). Further, NuVasive shall not have any obligation to incorporate or utilize any Submission that does not correspond to or meet NuVasive’s technical or usage practices, parameters, and limits. Please visit https://www.nuvasive.com/surgical-solutions/spinal-alignment/ for more information.

6. USER OBLIGATIONS. By downloading, accessing, or using NuvaLine, you represent and warrant that you will abide by all applicable local, state, national laws and regulations with respect to your use of NuvaLine and that you are at least 18 years of age or the legal age of majority. NuvaLine was designed to provide certain information directly to a licensed medical professional and surgeon and is not intended for use by the general public. Other than other NuVasive products or applications, you have no right to transfer or disclose any Submission from NuvaLine to another device, computer, or storage medium or to use NuvaLine to email, text, or send a Submission to anyone other than health care professionals that have a need to know of such Submission in connection with their provision of health care services. You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information when submitting information to NuVasive through NuvaLine; (ii) you will at all times comply with the terms and conditions of this Agreement; (iii) you have all necessary rights to make available any Submissions, including, without limitation, the permission of any patient or other required physician (or health care professional); and (iv) that none of your Submissions will violate any right(s) of a third party including, without limitation, any privacy, publicity, intellectual property, confidentiality and/or employment right. Upon completion of any surgical event or procedure, you agree to delete or remove from NuvaLine any Submission related to the subject of such surgical event or procedure. While NuVasive has endeavored to create a secure and reliable solution, you also acknowledge and agree that use of the Internet or other global or local communication network and access to NuvaLine is solely at your own risk. You are also solely responsible for any Submission you provide to NuvaLine or NuVasive.

7. IMPERMISSIBLE SUBMISSIONS; NO PRE-SCREENING OF SUBMISSIONS. NuVasive does not intended to collect or transmit personal data about the patients concerned (including health and sensitive data). You will not include with any Submission any patient-identifying information and will otherwise ensure that each Submission does not include any content, image, or other information that is: (a) unlawful or in violation of the privacy, proprietary, or intellectual property rights of another person or entity; or (b) in violation of related laws in any country in which you use NuvaLine. NuVasive is not responsible for screening, policing, editing, verifying, or monitoring your or another user’s Submissions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission. Moreover, and except as provided below with respect to NuVasive's right and ability to delete or remove a Submission (or any part thereof), NuVasive does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Submission displayed, uploaded, or distributed by you or any other user. Nevertheless, NuVasive reserves the right to monitor, delete, or take other action to the extent of its control with respect to Submissions (or parts thereof) that NuVasive believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to NuVasive, its services, or goodwill.

8. ACCOUNT REGISTRATION AND USER NAME HANDLING POLICY: You may be required to register to use NuvaLine. By registering or creating an account, you agree to provide accurate and complete information and to inform NuVasive of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. Registration for access to and use of NuvaLine may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by NuVasive in its sole discretion from time to time. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of NuVasive, which may be withheld in its sole reasonable discretion. You shall immediately notify NuVasive if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. NuVasive will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations.

9. LINKS TO OTHER SITES. NuvaLine may connect to certain third party websites or online networks (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by NuVasive and are owned, controlled and/or maintained solely by third parties over whom NuVasive exercises no control. Your correspondence or any other dealings with third parties found through any Third Party Site on NuvaLine is solely between you and such third party. Accordingly, NuVasive hereby expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.

10. Mobile Services. NuvaLine offers various tools that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of NuvaLine and its related Mobile Services shall be strictly in accordance with this Agreement.

11. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use NuvaLine in accordance with the terms of this Agreement. Accordingly, you hereby agree that NuVasive transfers no ownership or intellectual property interest or title in and to NuvaLine or any other NuVasive intellectual property to you or anyone else in connection with your use of NuvaLine. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through NuvaLine (except for Submissions) are exclusively owned, controlled, and/or licensed by NuVasive, Inc. or its licensor(s) or affiliate(s). NUVASIVE, NUVALINE, NUVAMAP, NUVAPLANNING, RELINE, iGA and all other marks identifying the products or services of NuVasive are proprietary trademarks of NuVasive, Inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of NuVasive is hereby strictly prohibited.

12. PRIVACY POLICY. Access to NuvaLine may require you to submit certain personally identifiable information. Please review NuVasive’s Privacy Policy found at http://www.nuvasive.com/privacy-policy/ for a summary of NuVasive’s practices related to the collection and use of personally identifiable information.

13. DISCLAIMER. NUVALINE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. to the maximum extent permitted by law, NUVASIVE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NUVASIVE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT NUVALINE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.

14. LIMITATION OF LIABILITY. NUVASIVE SHALL ONLY BE LIABLE FOR INTENT, GROSS NEGLIGENCE, INJURY OF LIFE, PERSONAL HARM OR INJURY OF HEALTH AS WELL AS FOR CLAIMES ACCORDING TO THE PRODUCT LIABILITY ACT. YOU SHALL BEAR THE BURDEN OF PROOF REGARDING THE EXISTENCE OF INTENT OR GROSS NEGLIGENCE. TO THE MAXIMUM EXTEND PERMITTED BY LAW, NUVASIVE SHALL ESPECIALLY NOT BE LIABILE FOR THE FAILURE TO STORE ANY INFORMATION OR SUBMISSION. YOU ALSO EXPRESSLY ABSOLVE AND RELEASE NUVASIVE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NUVASIVE'S CONTROL, INCLUDING, BUT NOT LIMITED TO, USE DURING ANY SURGERY PROCEDURE(S) OR OTHER MEDICAL TREATMENT YOU CONDUCT OR ADMINISTER, INFORMING PATIENTS OF USE OR NONUSE OF NUVALINE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUVASIVE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE USE OF NUVALINE, WITH THE DELAY OR INABILITY TO USE NUVALINE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH NUVALINE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NUVASIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF NUVASIVE FOR ANY REASON WHATSOEVER RELATED TO USE OF NUVALINE SHALL NOT EXCEED $500 (US).

15. SECURITY & ENFORCEMENT. Any actual or attempted use of NuvaLine by you in violation of this Agreement may result in criminal and/or civil prosecution. NuVasive reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of NuvaLine (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through NuvaLine. NuVasive may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. NuVasive will also disclose User Information as required by any court order and/or subpoena. In addition, NuVasive hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to NuvaLine, or any portion thereof, in order to protect NuvaLine, NuVasive intellectual property, NuVasive, or the business interests of NuVasive and/or its members and affiliates.

16. GOVERNING LAW. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. This Agreement will not be governed by the U.N. Convention on the International Sale of Goods, the application of which is expressly excluded. You agree to the personal jurisdiction by and venue in any federal or state court in the State of California, County of San Diego and waive any objection to such jurisdiction or venue and further to a jury trial in any action. You also acknowledge and agree that any applicable state law implementation of the United States Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. Any claim you might have against NuVasive must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In any legal proceeding brought by NuVasive, NuVasive shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which NuVasive may be entitled. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this Agreement or contact NuVasive if you wish to receive a printed copy of this Agreement.

17. TERM AND TERMINATION. This Agreement will take effect at the time you click “I ACCEPT”, download NuvaLine or begin using NuvaLine, whichever is earliest. NuVasive may immediately terminate this Agreement for good cause if you fail to comply with any material condition of this Agreement. Such termination will be effective without notice. In addition, NuVasive may in its sole discretion terminate this Agreement upon notice to you for any or no reason within a termination period of two weeks. Upon termination of this Agreement, any and all right(s) to use NuvaLine shall immediately cease and you must promptly delete or destroy all copies of NuvaLine in your possession or control. Sections 3-4, 9, 11, 13-15, 17-18, and 20 will survive the termination of this Agreement.

19. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to access to or use of NuVasive’s products and services (especially NuVasive’s Privacy Policy). If there is a conflict between this Agreement and any other notices, terms, or conditions, this Agreement shall control with respect to accessing and using NuvaLine.

NUVALINE Terms of Use

SINGAPORE

(Effective as of October 1, 2016)

1. LICENSE GRANT. Subject to your continued compliance with this Agreement, NuVasive provides to you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use NuvaLine on a single mobile phone or other mobile computing device that operates on the Android or iOS platform or any other compatible platform (“Prescribed Device”), only for purposes of helping to provide health care services to patients. The content layout, formatting, and features of, and access privileges for, NuvaLine shall be as specified by NuVasive at its sole discretion. You also acknowledge and agree to the following: (i) NuVasive has the right to control and direct the means, manner, and method by which NuvaLine is provided; (ii) NuVasive may, from time to time engage independent contractors, consultants, or subcontractors to aid NuVasive in providing NuvaLine or use thereof; and (iii) NuVasive has the right to provide NuvaLine to others. NuVasive may also, as it sees fit and at its sole discretion, develop and provide updates for NuvaLine. These updates may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of NuvaLine may not properly operate if you do not install all Updates. You expressly consent to such automatic Updates. Further, you agree that the Agreement (and any additional modifications of the same) will apply to any and all Updates. NuVasive has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of NuvaLine.

2. RESTRICTIONS ON USE. All rights not expressly granted under this Agreement are hereby reserved to NuVasive. Accordingly, you are hereby prohibited from using NuvaLine in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, broadcast, publish, remove or alter any copyright, trade secret, proprietary or confidential notices, markings or labels placed upon or contained within NuvaLine, license, sublicense, sell, distribute, mirror, frame, rent, lease, assign, private label, grant a security interest in, prepare or create derivative works of, or otherwise exploit NuvaLine, or any portion of NuvaLine without NuVasive’s prior written consent except as expressly and unambiguously authorized herein. Moreover, you may not (a) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of NuvaLine or in any way reproduce or circumvent the navigational structure or presentation of NuvaLine to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through NuvaLine, (b) attempt to gain unauthorized access to any portion or feature of NuvaLine or any other systems or networks connected to NuvaLine or to any NuVasive server or to any of the services offered on or through NuvaLine, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of NuvaLine or any network connected to NuvaLine, nor breach the security or authentication measures on NuvaLine or any network connected to NuvaLine, (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to NuvaLine, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of NuvaLine or NuVasive's systems or networks or any systems or networks connected to NuvaLine, (f) use any device, software, or routine to interfere with the proper working of NuvaLine or any transaction conducted on NuvaLine, or with any other person's use of NuvaLine, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to NuVasive on or through NuvaLine, or (h) use NuvaLine in an unlawful manner. The foregoing list is not exhaustive and NuVasive expressly reserves the right to amend, extend or modify the restrictions on use as set forth in this clause at its sole discretion.

3. NO MEDICAL ADVICE. NuvaLine is a software application designed to provide on-the-go measurements to determine and evaluate alignment goals and objectives and perform pre-op, intra-op, and post-op angular assessment in connection with NuVasive’s other designated products and services. Use of NuvaLine is provided for informational purposes only and is not intended to be, or be, a substitute for, professional medical advice, diagnosis, or treatment. Further, NuvaLine is a diagnostic tool and is not intended for use by patients or as a means to seek consent or provide required disclosure(s) to any patient. The use of NuvaLine does not relieve you from your duty to use your own clinical judgment or to seek the advice of a qualified physician or health care professional regarding the diagnosis and treatment of medical conditions or other health care advice or information.

4. SUBMISSIONS. Any content or image (collectively, “Submissions”) collected, processed, analyzed, or submitted by you through NuvaLine or that is otherwise received by NuVasive, will be deemed to include a royalty-free, transferable, sublicensable and non-exclusive right and license for NuVasive to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission, without additional approval or consideration, in furtherance of and in connection with the operation of NuvaLine, and you hereby waive any claim to the contrary. NuVasive reserves the right to establish practices, parameters, and limits at its sole discretion concerning the storage, display, or availability of any Submission(s). Further, NuVasive shall not have any obligation to incorporate or utilize any Submission that does not correspond to or meet NuVasive’s technical or usage practices, parameters, and limits. Please visit https://www.nuvasive.com/surgical-solutions/spinal-alignment/ for more information.

5. USER OBLIGATIONS. By downloading, accessing, or using NuvaLine, you represent and warrant that you will abide by all applicable local laws and regulations with respect to your use of NuvaLine, that you are at least eighteen (18) years of age. NuvaLine is designed to provide certain information directly to a licensed medical professional and surgeon and is not intended for use by the general public. Other than other NuVasive products or applications, you have no right to transfer or disclose any Submission from NuvaLine to another device, computer, or storage medium or to use NuvaLine to email, text, or send a Submission to anyone other than health care professionals that have a need to know of such Submission in connection with their provision of health care services. You further represent and warrant that (i) you will at all times provide true, accurate, current, and complete information when submitting information to NuVasive through NuvaLine; (ii) you will at all times comply with the terms and conditions of this Agreement; (iii) you have all necessary rights to make available any Submissions, including, without limitation, the permission and/or consent of any patient or other required physician (or health care professional); and (iv) that none of your Submissions will violate any right(s) of a third party including, without limitation, any privacy, publicity, intellectual property, confidentiality and/or employment right. Upon completion of any surgical event or procedure, you agree to delete or remove from NuvaLine any Submission related to the subject of such surgical event or procedure. While NuVasive has endeavored to create a secure and reliable solution, you also acknowledge and agree that use of the Internet or other global or local communication network and access to NuvaLine is solely at your own risk. You are also solely responsible for any Submission you provide to NuvaLine or NuVasive.

6. IMPERMISSIBLE SUBMISSIONS; NO PRE-SCREENING OF SUBMISSIONS. NuvaLine is not intended to maintain or transmit Personal Data as that term is defined in any and all laws or regulations relating to the collection, disclosure, use, storage, transfer and/or processing of personal data, personally identifiable data, or privacy, in any jurisdiction in which you use NuvaLine, including the Personal Data Protection Act 2012 (No. 26 of 2012) of Singapore. Accordingly, you will not include with any Submission any patient-identifying information and will otherwise ensure that each Submission does not include any content, image, or other information that is: (a) unlawful or in violation of the privacy, proprietary, or intellectual property rights of any person or entity; or (b) in violation of related laws in any country in which you use NuvaLine, including Singapore. NuVasive is not responsible for screening, policing, editing, verifying, or monitoring your or another user’s Submissions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Submission. Moreover, and except as provided below with respect to NuVasive's right and ability to delete or remove a Submission (or any part thereof), NuVasive does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Submission displayed, uploaded, or distributed by you or any other user. Nevertheless, NuVasive reserves the right to monitor, delete, or take other action to the extent of its control with respect to Submissions (or parts thereof) that NuVasive believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to NuVasive, its services, or goodwill.

7. ACCOUNT REGISTRATION AND USER NAME HANDLING POLICY: You may be required to register to use NuvaLine. By registering or creating an account, you agree to provide accurate and complete information and to keep this information up to date. Each registration is for a single user only, unless otherwise expressly provided on the registration page. Registration for access to and use of NuvaLine may also require access credentials, such as a user name and a password, or adherence to other particular access requirements as designated by NuVasive at its sole discretion from time to time. You agree and acknowledge that any actions taken through NuvaLine that are referable to your access credentials shall be deemed to be actions validly taken by you or on your behalf, whether or not such actions or relevant transactions were actually authorized by you. You hereby agree to consider your access credentials, such as a user name and password, as confidential information and not to disclose such information to any third party without the prior express written consent of NuVasive, which may be withheld at its sole discretion. You shall immediately notify NuVasive if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. NuVasive will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. You have the right to delete your account. You can request removal of your account by contacting NuVasive at [email protected]. If you choose permanently to delete your account, the Personal Data associated with your account will also be deleted.

9. Mobile Services. NuvaLine offers various tools that are available to you via your Prescribed Device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your Prescribed Device; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of NuvaLine and its related Mobile Services shall be strictly in accordance with this Agreement.

10. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use NuvaLine in accordance with the terms of this Agreement. Accordingly, you hereby agree that NuVasive transfers no ownership or intellectual property interest or title in and to NuvaLine or any other NuVasive intellectual property to you or anyone else in connection with your use of NuvaLine. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through NuvaLine (except for Submissions) are exclusively owned, controlled, and/or licensed by NuVasive, Inc. or its licensor(s) or affiliate(s) (which is deemed to include “related corporations”). NUVASIVE, NUVALINE, NUVAMAP, NUVAPLANNING, RELINE, iGA and all other marks identifying the products or services of NuVasive are proprietary trademarks of NuVasive, Inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of NuVasive is hereby strictly prohibited.

11. PERSONAL DATA. Access to and use of NuvaLine may require you to submit certain personal data relating to yourself, as the user of NuvaLine for the following purposes: (a) your registration to use NuvaLine in accordance with this Agreement; (b) maintaining, administering and operating NuvaLine; and (c) such other purposes as set out in NuVasive’s Privacy Policy. Please review NuVasive’s Privacy Policy found at http://www.nuvasive.com/privacy-policy/ for a summary of NuVasive’s practices related to the collection and use of personal data.

12. DISCLAIMER. Nuvasive will use reasonable endeavours to ensure that Nuvaline operates as described in Clause 3 above. EXCEPT WHERE PROHIBITED BY LAW, NUVASIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. NUVALINE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, NuVasive makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of NuvaLine or any Submissions. To the maximum extent permitted by applicable law, NuVasive does not warrant that (i) NuvaLine will meet your requirements, (ii) the operation of NuvaLine will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by us does not and will not create a warranty. To the maximum extent permitted by applicable law, NuVasive also makes no representations or warranties of any kind with respect to Submissions; Submissions, are provided by and are solely the responsibility of the users providing those Submissions. No advice or information, whether oral or written, obtained through NuvaLine, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of NuvaLine is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with you.

13. LIMITATION OF LIABILITY. NUVASIVE SHALL NOT HAVE ANY LIABILITY FOR THE FAILURE TO STORE ANY INFORMATION OR SUBMISSION. YOU ALSO EXPRESSLY ABSOLVE AND RELEASE NUVASIVE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NUVASIVE'S CONTROL, INCLUDING, BUT NOT LIMITED TO, USE DURING ANY SURGERY PROCEDURE(S) OR OTHER MEDICAL TREATMENT YOU CONDUCT OR ADMINISTER, INFORMING PATIENTS OF USE OR NONUSE OF NUVALINE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NUVASIVE BE LIABLE FOR ANY LOSS, DAMAGES OR EXPENSES (INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSS OR ANY CLAIMS FOR LOSS OF PROFITS OR LOSS OF USE) WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN ANY WAY IN CONNECTION WITH ANY DEALINGS OR AGREEMENTS BETWEEN YOU AND A THIRD PARTY, THE ACCESS OR USE OF NUVALINE, THE DELAY OR INABILITY TO USE NUVALINE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH NUVALINE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NUVASIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF NUVASIVE FOR ANY REASON WHATSOEVER RELATED TO USE OF NUVALINE SHALL NOT EXCEED $500 (US).

15. SECURITY & ENFORCEMENT. Any actual or attempted use of NuvaLine by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NuVasive reserves the right at its sole discretion to review, monitor, and/or record any information relating to your use of NuvaLine (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through NuvaLine. NuVasive may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. NuVasive will also disclose User Information as required by any court order and/or subpoena. In addition, NuVasive hereby reserves the right at its sole discretion, at any time and without notice or consent to modify, suspend, restrict, terminate, and/or interrupt operation of or access to NuvaLine, or any portion thereof, in order to protect NuvaLine, NuVasive intellectual property, NuVasive, or the business interests of NuVasive and/or its members and affiliates. NuVasive does not accept responsibility or liability for failure to store or delete any Submissions submitted to NuvaLine.

17. TERM AND TERMINATION. This Agreement will take effect at the time you click “I ACCEPT”, download NuvaLine or begin using NuvaLine, whichever is earliest. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of NuvaLine. Termination will be effective without notice. In addition, NuVasive may at its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use NuvaLine shall immediately cease and you must promptly delete or destroy all copies of NuvaLine in your possession or control. Sections 2-3, 8, 10, 12-14, 17-18, and 20 will survive the termination of this Agreement.

18. RIGHTS OF THIRD PARTIES. A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause 18 shall affect the rights of any permitted assignee or transferee of this Agreement.

19. WAIVER & SEVERABILITY. NuVasive’s failure to enforce any of the terms and conditions of this Agreement by you, will not operate as a waiver of any of NuVasive’s rights under this Agreement, whether for past or future actions. Only a specific, written waiver signed by an authorized representative of NuVasive shall have any legal effect. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or a court order, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue to have effect.

20. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to access to or use of NuVasive’s products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, NuVasive shall resolve any conflict in good faith at its sole discretion but this Agreement shall generally control with respect to accessing and using NuvaLine.

MISCELLANEOUS. You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by Apple Inc., Google, Inc., or any other compatible digital download platform from which you download NuvaLine (“App Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such App Provider Terms. No joint venture, partnership, employment, or agency relationship exists between you and NuVasive as a result of this Agreement or your utilization of NuvaLine. Headings are for convenience only. This Agreement and NuVasive’s Privacy Policy found at http://www.nuvasive.com/privacy-policy/ represent the entire agreement between you and NuVasive with respect to use of NuvaLine, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and NuVasive. You may not assign, delegate, or transfer any rights under this Agreement without the prior express written consent of NuVasive, which may be withheld at NuVasive’s sole discretion. NuVasive may update these terms and conditions at any time by posting or sending you a revised version of the Agreement, which shall take effect on the date specified on the revised version, and may do so without advance notice to you. Accordingly, please review the terms and conditions found at this location on a periodic basis. Each time you access NuvaLine, you agree to be bound by the Agreement in effect at the time you access NuvaLine, and your continued use of NuvaLine shall confirm your acceptance of the revised Agreement. If you do not agree to the revised terms, you must cease all use of NuvaLine.