Subscription Agreement Healthcare Supplement

The End User has agreed to the terms and conditions of Brain’s Subscription Agreement (“SA”). This supplemental healthcare agreement (“Healthcare Supplement”) provides additional terms and conditions for the use of any of Services in a Healthcare Facility (as defined below) in which the respective Subscription Schedule references this Healthcare Supplement. All capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the SA, which the End User acknowledges remains in full force and effect.

A healthcare facility is any facility, or portion thereof, providing clinical medical services related to an individual’s health, including diagnosis and treatment of physical disease, illness, injury, or impairment (“Healthcare Facility”).

An active patient is any individual undergoing a medical, clinical, diagnostic procedure or therapeutic treatment, or otherwise engaging in services directed by a medical practitioner at a Healthcare Facility (“Active Patient”).

The End User, as well as its Permitees, acknowledge and agree to the following Robot usage requirements:

1. The Robot may only be used in a section of a Healthcare Facility when that section is not being used to provide care to Active Patients at the time of autonomous operation.  For reference only, representative examples of a permitted “section” include areas such as restaurants, lobbies, gift shops, main walkways, administration, or dedicated laboratory corridors.
2. Before using the Autonomy Services in any section, physical and/or administrative controls must be in place to prevent the Robot from navigating into any adjoining sections where Active Patients may be present for the purpose of receiving care. For reference only, representative examples of potential “controls” include closed doors, cones spaced no wider than the width of the Robots, other barriers, or verification the section is closed to Active Patients during cleaning.

Notwithstanding the foregoing, the End User is solely responsible for the suitability of the Robot to the environment.

By (a) using the Software or the Autonomy Features in a Healthcare Facility, (b) clicking the acceptance box, or (c) executing an order form or other agreement that references this Healthcare Supplement, the End User agrees to the terms and conditions of this Healthcare Supplement. In addition, the End User is reaffirming the End User’s obligations under Section 3 of the SA, agreeing to comply with the Instructions and any other documentation provided specific to Healthcare Facilities, and further agreeing that the End User has the authority to bind the End User (or its employer or other entity on whose behalf the End User is agreeing) to the terms and conditions of this Healthcare Supplement. Further, the End User agrees that this Healthcare Supplement is enforceable like any written negotiated agreement signed by the End User.