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.
1.1 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.
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.
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).
4.1 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.
5.1 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).
6.1 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.
7.1 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.