Accu-ChekĀ® Connect Diabetes Management App License Terms and Conditions

By clicking "Accept" below, you (hereinafter "User") represent that you agree to be legally bound to the following terms and conditions (the "Agreement") for the Accu-ChekĀ® Connect App license.

1 LICENSE TERMS AND CONDITIONS

1.1 The Scope of this Agreement is the Accu-Chek Connect App and in particular User's rights to use it.

1.2 Subject to User's download of the Accu-Chek Connect App and upon User's acceptance of this Agreement, Roche Diabetes Care, Inc. ("Roche") grants to User a limited right and license to personally use the Accu-Chek Connect App pursuant to the terms and conditions contained in this Agreement. The terms of this Agreement will govern any upgrades provided by Roche that replace and/or supplement the original Accu-Chek Connect App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Roche grants User a non-exclusive, non-transferable and non-sub-licensable right, solely for the purpose to personally use the Accu-Chek Connect App to (i) connect the Accu-Chek Connect App and exchange data with compatible blood glucose meters, (ii) manually enter, manage, export and store User's own blood glucose and/or insulin data, and the additional health or personal information that is in scope of the Accu-Chek Connect App, (iii) receive computed insulin advice, and (iv) create, administrate and use the online functionality of an Accu-Chek Connect web account (the "Purpose of Use"). User understands that this Accu-Chek Connect App may be used for management of User's individual data. Users of this Accu-Chek Connect App should interpret the results in the context of their clinical history and symptoms and should not make major changes in their treatment without consulting a physician or other qualified healthcare provider.

1.3 In the event User grants multiple individuals access to this Accu-Chek Connect App, User shall do so at User's own risk. This Accu-Chek Connect App allows User to transmit data including health data of the User through e-mail, SMS text and MMS text. The transmission of such data will be done using unencrypted e-mail, text and other software on the User's phone and the data will be transmitted through networks that are not controlled by Roche. Accordingly, if the User chooses to transmit data by such means, Roche is not responsible in any way for the security of such transfers. User shall ensure any data access granted to a healthcare provider is the appropriate data to release to such healthcare provider and be responsible and liable for such data release.

1.4 User shall access the Accu-Chek Connect App only through the use of those mobile devices owned, leased or otherwise controlled by User. User shall not: (i) access or use the Accu-Chek Connect App beyond the Purpose of Use, (ii) grant access to the data maintained in the Accu-Chek Connect App to any third party, except to the extent intended by the Accu-Chek Connect App to share data with authorized third parties using the e-mail, SMS, and MMS capabilities of the Accu-Chek Connect App, (iii) copy the Accu-Chek Connect App or its interface screens in whole or in part except for the purpose of creating a backup copy that solely serves the purpose of ensuring future usability for the Purpose of Use, or (iv) modify, adapt, translate, reverse engineer, decompile or disassemble the Accu-Chek Connect App except as technically required to secure the Purpose of Use after consultation with Roche.

1.5 User shall cooperate with Roche, and shall render all reasonable assistance requested by Roche, to assist Roche in preventing and identifying any use of, or access to, the Accu-Chek Connect App in violation of this Agreement or violation of applicable laws.

2 PROPRIETARY RIGHTS

All rights, title and interest including, but not limited to, copyright, trademarks and other intellectual property rights in and to the Accu-Chek Connect App are owned by Roche and its licensors. Roche retains all rights not expressly granted herein and User's rights to use the Accu-Chek Connect App are limited to the terms and conditions of this Agreement. User shall not remove any product identification, trademark, copyright, confidentiality, proprietary or other notices contained on or within the Accu-Chek Connect App.

3 WARRANTIES AND OTHER DISCLAIMERS

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE ACCU-CHEK CONNECT APP IS AT USER'S SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Accu-Chek CONNECT APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROCHE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE Accu-Chek CONNECT APP, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ROCHE DOES NOT WARRANT THAT THE OPERATION OF THE ACCU-CHEK CONNECT APP WILL BE UNINTERRUPTED OR ERROR-FREE.

Roche has no duty to remedy any failure of the Accu-Chek Connect App, if failure is the result of accident, abuse, misuse, alteration, use with unauthorized software or hardware or not having installed the latest updates of the Accu-Chek Connect App provided by Roche (if any).

4 RESPONSIBLE USE, DATA PROTECTION, INDEMNITY

4.1 Please act responsibly when using the Accu-Chek Connect App. You may only use the Accu-Chek Connect App and its contents for lawful purposes and in accordance with applicable law.

4.2 User shall use the Accu-Chek Connect App only with data and information to which User has a legal right of use and User must obtain all relevant or necessary consents (if any) for use of any data or information.

4.3 User shall defend, indemnify and hold harmless Roche against all claims, suits, judgments, legal fees, damages and other expenses that may be incurred by Roche resulting from or arising out of User's use of the Accu-Chek Connect App or User's breach of all of the terms of this Agreement.

5 CHILDREN'S USE OF THE ACCU-CHEK CONNECT APP

5.1 The Accu-Chek Connect App and any online functionality is intended for use only by individuals that are 13 years of age or older. Children under the age of 13 shall not use the Accu-Chek Connect App and shall not input any data that will be transferred to Roche. We will assume and by using the Accu-Chek Connect App you warrant that you have legal capacity to enter into the agreement set out in these terms (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

6 LIMITATION OF LIABILITY

6.1 IN NO EVENT SHALL ROCHE BE LIABLE FOR ANY LOST DATA, OR FOR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE ACCU-CHEK CONNECT APP OR THE PERFORMANCE OF THE ACCU-CHEK CONNECT APP, EVEN IF ROCHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Roche's liability, whether in contract, tort (including negligence), or otherwise, exceed the amount paid for the Accu-Chek Connect App by User.

6.2 User is obliged to carry out regular backups, especially of any data stored within the Accu-Chek Connect App and the Accu-Chek Connect App should not be used as the only storage facility for the User's data.

7 MISCELLANEOUS, EFFECT OF TERMINATION

7.1 Roche may at any time and for any reason unilaterally change or discontinue providing the Accu-Chek Connect App to User. Consent to any changes to this Agreement may be obtained electronically. This Agreement may not be modified or changed by User without the prior consent of Roche.

7.2 User acknowledges obligations to control access to technical data under the U.S. Export Laws and Regulations and agrees to adhere to such laws and regulations with regard to any technical data received under this Agreement.

7.3 This Agreement shall be governed by the laws of the United States and the laws of the State of Indiana, without regard to the conflicts of law principles thereof. Each Party hereby consents to the exclusive jurisdiction and venue over such dispute related to this Agreement in a court of competent jurisdiction residing in Marion County, Indiana.

7.4 If any provision of this Agreement is invalid or unenforceable under any Applicable Laws, the provision is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any way.