By submitting your letter to Varian's Dear Cancer Letter Writing Campaign, You ("You" or "Your" as used herein) state that all narrative in the letter You are submitting is original, created solely by You and never previously displayed or published (the "Materials"). You hereby authorize and license Varian and its designees, sublicensees and advertising media and agencies (collectively, "Licensees") (1) to use, reproduce, prepare derivative works from, distribute, perform, display, perform including by means of a digital audio and/or video transmission, and in any other way exploit the Materials; (2) in connection with such uses in (1), to use and otherwise exploit Your name if provided, representative identity and biographical information; and (3) in connection with such uses in (1), to use any and all publicity, copyright, trademark, and other intellectual property rights in the Materials, in each case whether in print, electronic, digital, broadcast, telecast, or any other medium now existing or hereafter created. This authorization and license shall be for the purpose of advertising, promotion or marketing of Varian and its products and services, and for any other purpose beneficial to or desired by any of Licensees. The authorization and licenses granted herein are fully paid-up and royalty free.

Do not use last names, identifying information or profanity. You agree that Licensees are under no obligation to post, publish or use the Materials, and acknowledge that such use is within Licensees' sole discretion.

You hereby consent to the modification of any Materials, including without limitation editing, cropping, reducing or supplementing in content, retouching, and all other alterations that any of Licensees deems beneficial or prudent; provided, however, that You do NOT consent to any modification of statements of Yours that would fundamentally distort the meaning of Your statement. You hereby waive all moral rights that you may own in Materials, as well as all rights that it may have to inspect or approve the form or use of any Materials. You hereby release, discharge, and agree to hold harmless Varian and its parents, subsidiaries, designees, distributors, resellers, original equipment manufacturers, sales agents, sublicensees, advertising media and agencies, and all their agents, employees, contractors, successors, assigns, and anyone authorized by any of them, and each of their officers, directors, employees, contractors, and agents, from any and all rights, claims, demands, damages, and actions that You, your heirs, executors or assigns may have in connection with the use of the Materials and any of the rights covered by the authorizations, licenses, consents, and releases granted herein. In so doing, each party has had the benefit of counsel, has been advised of, understands, and knowingly and specifically waives his, her, or its rights under California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

You represent and warrant that the statement(s) and information attributed to You as described in the Materials are original works, may be used in any advertising, marketing or promotion and for any other purpose beneficial to or desired by a Licensee, that they accurately reflect Your opinion, and that the statements made are known to be true and are based on personal familiarity with the subject matter of the Dear Cancer campaign.

You warrant that you are at least 18 years of age and have the right and legal capacity to enter this Agreement and grant the authorizations, licenses, consents, and releases granted in it without violating any other commitment or the rights of any third party.

By submitting Your letter You state further that you have read the above Terms and Conditions before submitting the Materials and that you are fully familiar with its contents. No representations have been made by Varian to Licensor.

The rights and releases granted herein are perpetual and worldwide.

This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California without regard to its conflicts of law principles.

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