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Agmt21 OneMedical
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Agmt21 OneMedical
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Last modified
3/14/2022 2:57:04 PM
Creation date
1/5/2022 11:55:06 AM
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Template:
Agreement
Contractor Name
OneMedical
PROJECT NAME
COVID-19 Testing
RMP File Number
304.5
Date
12/2/2021
Amendment
Yes
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Page | 7 <br />Enterprise Agreement <br />1Life Healthcare, Inc. Confidential Information <br />REV: 11-16-2021 MI <br />6. Ownership and Intellectual Property. <br />a. Subject to the limitations in Exhibit 2, Section 2, above, 1Life shall exclusively own all Deliverables and other Program <br />elements, including without limitation any software, documentation, algorithms, tools, engines, processes, architecture, <br />sequences, layouts, routines, techniques, branding, works, inventions or other information, materials and/or rights <br />(including patent, copyright, trademark or other intellectual property or proprietary rights), whether developed by 1Life <br />alone or jointly with others. <br />b. Subject to the limitations in Exhibit 2, Section 2, above, 1Life hereby grants Customer a limited, nonexclusive license during <br />the term of the Supplement to use and internally distribute the Deliverables to Customer’s employees or agents with a <br />reasonable need to know, solely in connection with Customer’s internal business operations. Any other use of the <br />Deliverables is prohibited. All rights not specifically granted to Customer with respect to the Deliverables and/or other <br />Program elements are reserved by 1Life. <br />c. To the extent Customer provides comments, suggestions or other feedback about the Program or the Deliverables <br />(collectively, “Feedback”), 1Life shall have the right, but not the obligation, to use such Feedback without restriction or <br />compensation. <br />7.Disclaimer of Warranty. DELIVERABLES PROVIDED OR MADE AVAILABLE UNDER THE PROGRAM ARE FURNISHED AS IS, WHERE IS, <br />WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, <br />TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE. RECOMMENDATIONS OR ADVICE PROVIDED, INCLUDING THOSE PROVIDED UPON <br />CUSTOMER’S SOLICITATION, ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND 1LIFE MAKES NO GUARANTEE OF ANY <br />RESULT OR OUTCOME. 1LIFE HAS NO LIABILITY FOR ANY PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM THIRD PARTIES <br />EVEN IF ANY SUCH THIRD PARTY WAS IDENTIFIED TO CUSTOMER BY 1LIFE. CUSTOMER IS SOLELY RESPONSIBLE FOR ITS ACTIONS AND <br />DECISIONS RELATED TO PARTICIPATION IN THE PROGRAM OR USE (OR NON-USE) OF ANY DELIVERABLE. CUSTOMER UNDERSTANDS <br />AND AGREES THAT THE PROGRAM OR DELIVERABLES MAY CHANGE OR BE UPDATED FROM TIME TO TIME FOR ANY REASON, <br />INCLUDING BUT NOT LIMITED TO CHANGES IN LAW, SCIENTIFIC ADVANCES OR GOVERNMENTAL GUIDANCE. 1LIFE HAS NO <br />AFFIRMATIVE DUTY TO MAKE CUSTOMER AWARE OF CHANGES OR UPDATES TO LAW, SCIENTIFIC ADVANCES OR GOVERNMENTAL <br />ADVICE, IT BEING UNDERSTOOD AND AGREED THAT CUSTOMER WILL BE RESPONSIBLE TO MONITOR ANY SUCH CHANGES OR <br />UPDATES. CUSTOMER UNDERSTANDS AND AGREES THAT THE DISCLAIMERS IN THIS SUPPLEMENT ARE IN ADDITION TO, AND NOT IN <br />LIEU OF, DISCLAIMERS IN THE AGREEMENT. <br />8.Definitions. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement. <br />ATTY/AGR.2021.286/One Medical (Page 7 of 11)
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