Technical Information Agreement Clinical Systems Technical ...

1 Technical Information Agreement Clinical Systems Technical Education Courses Complete this form and return it, in its entirety, to the ge healthcare Technical Education Center at 262-546-0997. It must be received prior to registration processing. This Technical Information Agreement ( Agreement ) is entered into as of _____ (Date) between GE Medical Systems Information Technologies, Inc. and Datex-Ohmeda, Inc. (collectively, ge healthcare ), with an office at 9900 Innovation Drive, Wauwatosa, WI 53226, and _____, who is employed by : (Student) _____ (Employer Name) _____ (Employer Address, City, State and Zip Code) for attendance of the _____ (Name of GE Technical Training Course) Technical training course on _____.

2 (Dates of course) WHEREAS, Applicant wishes to receive training and proprietary Technical Information and know-how relating to the maintenance, repair and service of certain ge healthcare medical devices or equipment ( Technical Information ) solely for the purpose of servicing, maintaining and repairing such equipment for health care providers; WHEREAS, ge healthcare is willing to provide such training and Technical Information through a training course provided to such Applicant subject to the terms and conditions set forth herein.

3 NOW, THEREFORE, Applicant and ge healthcare agree as follows: 1. Training. ge healthcare agrees to enroll Applicant in its training course (the Course ) for maintenance, repair and service of the Equipment. The details concerning such matters as time, place, content and duration and cost of the Course shall be set forth in a Course description to be provided separately. 2. Technical Information . During the Course, ge healthcare will disclose Technical Information to Applicant. Such disclosure is made subject to the limited right to use set forth in Section 3 of this Agreement .

4 Applicant acknowledges that all Technical Information made available to the Applicant as part of the Course is proprietary to ge healthcare and that reproduction, use or further dissemination of any Technical Information by Applicant or his/her Employer is prohibited and a basis for termination of this Agreement . ge healthcare Product Courses Tech Agreement (DOC # 1167158) 06-08 Pg 2 of 5 3. Applicant s Use of Technical Information . Subject to successfully completing the Course and complying with all other terms of this Agreement , ge healthcare grants to Applicant a limited, non-exclusive, revocable license to use the Technical Information solely for the purpose of servicing, repairing and maintaining Equipment owned by a health care provider (the License ).

5 The License expressly excludes (a) any right to use the Technical Information to train others in servicing of the Equipment, (b) any right to disclose the Technical Information to any other party or entity, (c) any right to make or have made or permit to be made any copies (electronic or otherwise) of the Technical Information (unless ge healthcare may expressly permit in advance in writing). Applicant acknowledges and agrees that the Technical Information is the property of ge healthcare . Upon termination of the License, Applicant shall immediately cease use of all Technical Information and shall, as directed by ge healthcare , destroy or deliver to ge healthcare all Technical Information furnished to Applicant or under Applicant s possession, custody or control.

6 4. Termination. ge healthcare may immediately terminate this Agreement and the License at any time with or without cause by providing written notice to Applicant. Applicant s obligations under Section 3 of this Agreement shall survive and continue after any termination of this Agreement . In the event Applicant breaches any term of this Agreement , ge healthcare reserves the right to permanently exclude Applicant from further service training courses and withhold from Applicant all Technical Information . 5.

7 Certification as to Employment Status. Applicant hereby attests and certifies that he/she receives compensation from Employer as a full time employee as of the date of this Agreement and will be such a full time employee of Employer on the date of the commencement of the Course. Applicant further certifies that he/she is managed and supervised by other full time employees of Employer. As evidence of such employment, Applicant attaches to this Agreement a letter from Employer s Human Resources representative confirming Applicant s status as a full time employee of Employer, and that he/she is supervised by other full-time employees of Employer.

8 6. Miscellaneous. a. This Agreement sets forth the entire Agreement between the parties as to the subject matter hereof and merges all prior discussions between them. b. This Agreement is entered into in contemplation of personal performance by Applicant and the rights granted to Applicant hereunder are not assignable by Applicant to any third party. c. The laws of the State of New York shall apply in construction of this Agreement . d. Failure on any occasion by ge healthcare to enforce any term of this Agreement shall not prevent enforcement on any other occasion.

9 7. Use of Media & Recording Devices: The healthcare Institute s (HCI) policies prohibit the use of any unauthorized personal removable media and recording devices in any courses, classrooms, and labs without the express consent of ge healthcare . This includes, but is not limited to the following: Cell phones Still Cameras Video or audio recording devices Any external hard drives (Network or other) Any form of memory cards including, but not limited to; Compact Flashcard, Secure Digital card (SD card), or Memory Stick Any other flash read/write media Any other USB read/write media 8.

10 Personal Information : ge healthcare Global Technical Training Systems are used as part of Technical training requirements for course curriculum. These Systems are only for use in the training course environment and related lab functions and shall not be used for any other purposes, including any type of testing, Systems or design engineering, service engineering or field work. Furthermore, Customer Service system Product Courses Tech Agreement (DOC # 1167158) 06-08 Pg 3 of 5 Information (CSSI), Personal Information (PI), Protected Health Information (PHI) or any other data related to any individual shall not be uploaded to any training system without the express written consent of the healthcare training organization.