Accu-Chek® 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-Chek® 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 GmbH ("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, (iv) modify, adapt, translate, reverse engineer, decom-pile 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 LIMITATION OF WARRANTY

3.1 In the event of a defect of the Accu-Chek Connect app, User shall be entitled to request from Roche to repair the defect or to supply another version which is free from defects; provided, however, that Roche shall have the right to choose between any such remedies at Roche's discretion if User is a business customer. Such choice shall be made by Roche by written notice (fax or e-mail sufficient) within a period of three business days following receipt of the User's notice of the defect. Roche may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.

3.2 If the remedy (supplementary performance) pursuant to Section 3.1 fails or cannot reasonably be expected from User or Roche refuses to so remedy the defect, User shall be entitled to terminate the Agreement or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of User shall be subject to the provisions contained in Section 4.

3.3 The warranty period shall be two years upon delivery of the Accu-Chek Connect app if User is a consumer or otherwise twelve months upon delivery of the Accu-Chek Connect app.

3.4 With regard to business customers only, the following shall apply: User shall promptly upon delivery inspect the Accu-Chek Connect app with due care. The delivered Accu-Chek Connect app shall be deemed to be approved by User unless the defect is notified to Roche (i) in case of any obvious defects with-in a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.

4 LIMITATION OF LIABILITY

4.1 Irrespective of the cause of action, Roche's liability shall be limited to damages caused by Roche, its employees or subcontractors due to wilful misconduct, gross negligence or, in case of a violation of an essential contractual duty, simple negligence. Duties are being considered essential if necessary for the due execution of this Agreement so that User can regularly expect proper observation.

4.2 If Roche is held liable for simple negligence under Section 4.1, Roche's liability shall be limited to those typical damages that were reasonably foreseeable at the time the Agreement was concluded or, at the latest at the time of the violation of the relevant contractual duty.

4.3 Roche's liability for any damages caused by the breach of a specific warranty or for damages to be compensated under the Product Liability Act and for damages due to loss of life, injury or prejudice to health remains unaffected. For the avoidance of doubt, Roche issues such specific warranties only in written form signed by its managing directors.

4.4 Although the Accu-Chek Connect app may allow for a backup, the User is obliged to carry out regular backups of data and settings, especially of any data uploaded or 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. In case of any loss of data Roche is only liable for the costs to restore such backups.

5 MISCELLANEOUS

5.1 If any provision of this Agreement is invalid or unenforceable under any applicable laws, the remaining provisions shall not be affected in any way. The provision that is unenforceable or that contains a gap will be deemed replaced by such enforceable and gap-free provision as the parties would reasonably have agreed if they had been aware of the defect.

5.2 This Agreement shall be governed by the laws of Germany; the application of the UN Convention on Contracts of the International Sales of Goods is excluded.