Common use of Tampering Clause in Contracts

Tampering. Licensee is prohibited from tampering with or attempting to --------- reverse engineer the VisionKey card or any device or software installed on the System for the purpose of monitoring the number of Licensed Procedures performed. MODIFYING OR ALTERING THE SYSTEM, THE VISIONKEY CARD OR THE CARD READING MECHANISM IN ANY WAY CONSTITUTES WILLFUL INFRINGEMENT OF THE INTELLECTUAL PROPERTY LICENSED UNDER THIS LICENSE AND MAY ENDANGER PATIENT SAFETY. ANY SUCH MIDIFICATIONOR ALTERATION WILL RENDER THE SYSTEM ADULTERATED UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT AND COULD SUBJECT THE LICENSEE AND/OR THE AUTHORIZED USERS TO ACTION BY THE FDA RESULTING IN SEIZURE, INJUNCTION, CIVIL PENALTIES, AND/OR CRIMINAL PROSECUTION.