Accu-Chek View General License Term
1 General License Terms
1.1 The scope of this Agreement is the Accu-Chek View App and, in particular, the User's rights to use it.
1.2 If the user downloads the Accu-Chek View App and accepts this agreement, Roche Diabetes Care Austria GmbH ("Roche Diabetes Care Austria") grants the user a limited right and a limited license to personally use the Accu-Chek View App in accordance with the license terms contained in this Agreement. The terms of this Agreement regulate all upgrades provided by Roche Diabetes Care that supersede and/or supplement the original Accu-Chek View App unless a separate license is provided for such upgrade; In this case, the terms of this license apply. Roche Diabetes Care Austria grants the user a non-exclusive, non-transferable, and non-sublicensable right to use the Accu-Chek View App for personal use only to (i) produce a connect to and to and share data with pediatric meters released by or connected to Roche Diabetes Care Austria or via the optional Validic interface, blood pressure monitors, scales, etc. (ii) to manually enter, manage, export and store your own blood glucose data as well as the user's additional health and personal information relevant to the Accu-Chek View App; (iii) to submit own medical data to user-selected healthcare professionals by feeding it into a web-based medical portal ("intended use"). The user accepts that this Accu-Chek View App is only suitable and useable for managing the user's individual data. Users of this Accu-Chek View App should take into account the entire medical history and all symptoms when evaluating the readings and make radical changes in the treatment plan only after consulting a physician or other healthcare professional.
1.3 In the event that the user grants access to this Accu-Chek View App to several individuals, this is done at the user's own risk. This Accu-Chek View app allows each of these individuals to transfer user data, including health data, over the Internet. The transmission of such data is encrypted in any case, but the data is transmitted through networks that are not under the control of Roche Diabetes Care Austria. Accordingly, Roche Diabetes Care Austria is in no way responsible for the safety of such transfers.
1.4 The User accesses the Accu-Chek View App only through the use of mobile phones, which are subject to control by purchase, hire or otherwise. The user agrees to the following conditions: (i) Accessing or using the Accu-Chek View App does not exceed the intended purpose; (ii) no third party is granted access to the data stored in the Accu-Chek View App, except to the extent provided by the Accu-Chek View App and in para. 1.3 of these License Terms; (iii) the Accu-Chek View App or its user interface may not be copied in whole or in part except to make a backup copy which will only ensure future usability for the intended use; (iv) the Accu-Chek View App may not in any way be altered, adapted, translated, reverse developed, decompiled or disassembled, except in consultation with Roche Diabetes Care Austria, if technically necessary to ensure its intended use.
1.5 The user is required to cooperate with Roche Diabetes Care Austria and must provide the assistance requested by Roche Diabetes Care Austria within reasonable limits in order to assist Roche Diabetes Care Austria in identifying or preventing access to or use of the Accu-Chek View App for the users who do not comply with this Agreement or applicable law.
1.6 As this is a pilot project, Roche Diabetes Care Austria reserves the right to discontinue the services of the Accu-Chek View App. In this case, users will be informed about that, two weeks in advance. The user may stop using the Accu-Chek View app at any time.
2 Property rights
All rights, titles and claims, including but not limited to the copyrights, trademarks and other rights that are protected as intellectual property in connection with the Accu-Chek View App are the property of Roche Diabetes Care Austria or its licensors. Roche Diabetes Care Austria retains all rights not expressly granted in this Agreement, and User's rights to use the Accu-Chek View App are limited to the terms of this Agreement.
The user agrees not to remove product identification marks, trademarks, copyright notices, confidentiality, property or other notices to or in the Accu-Chek View App.
3 Limited Warranty
3.1 In the event of a malfunction of the Accu-Chek View App, the User is entitled to demand that Roche Diabetes Care Austria remedy the malfunction or provide a different, non-disruptive version, provided that Roche Diabetes Care Austria is entitled to choose at its discretion between all possible solutions if the user is a business customer. The selection is made on the part of Roche Diabetes Care Austria in writing (fax or e-mail is sufficient) within a period of three working days after receiving the user's notification of the malfunction. Roche Diabetes Care Austria may refuse to repair the defective product in the manner desired by the customer if such a solution would incur unreasonable costs.
3.2 If the solution (supplementary service) referred to in Article 3.1 does not remedy the malfunction or cannot reasonably be expected by the user or if Roche Diabetes Care Austria refuses to remedy the malfunction, the user is entitled under the applicable law to terminate the agreement or to assert claims for compensation or futile expenses, provided, however, that the user's claims for damages comply with the provisions of Article 4.
3.3 The warranty period is one year from the date of delivery of the Accu-Chek View App, if the user is a private customer. Otherwise, it will be 12 months from the date of delivery of the Accu-Chek View App.
3.4 For business customers, the following applies: The user must examine the Accu-Chek View App with due diligence immediately upon receipt. The delivered Accu-Chek View App will be considered as accepted by the user unless Roche Diabetes Care Austria is notified of the incident as follows: (i) In the event of an apparent failure within five working days from the date of delivery or otherwise (ii) within five working days from the time in which the fault was detected.
4 Limitation of Liability
4.1 Notwithstanding the plea, Roche Diabetes Care Austria's liability is limited to damages caused by Roche Diabetes Care Austria, its employees or its suppliers resulting from willful misconduct, gross negligence or, in the event of a breach of a material subject-matter of the contract, ordinary negligence. Items of contract are considered essential if they are necessary for the proper execution of this agreement and the user can normally rely on its compliance.
4.2 If Roche Diabetes Care Austria is held liable for ordinary negligence in accordance with Article 4.1, the liability of Roche Diabetes Care Austria shall be limited to the typical damages that were reasonably foreseeable at the time in which the agreement was concluded or, at the latest, the time of the breach of the contract.
4.3 The liability of Roche Diabetes Care Austria for all damages caused by a breach of a specific guarantee provision, for damages that are to be compensated according to the product liability law and for damages caused by death, injuries or health hazards remains unaffected. For the avoidance of doubt, Roche Diabetes Care Austria only issues such specific warranty conditions in writing and with the signature of the managing directors.
4.4 Although the Accu-Chek View App may be equipped with a backup feature, the user is required to make regular backups of the data and settings, in particular all data uploaded and stored within the Accu-Chek View App. The Accu-Chek View app should not be used as a single storage medium for the user's data. In the event of data loss, Roche Diabetes Care Austria will only be liable for the cost of recovering such backup copies.
5.1 If one or more provisions of this Agreement are invalid or unenforceable under applicable law, the validity of the remaining provisions shall remain unaffected. The provision, which is unenforceable or contains a gap, shall be deemed to be replaced by an enforceable and complete provision, which the parties would have agreed to if they had known the ineffectiveness.
5.2 This Agreement is governed by German law, excluding the provisions of the UN Sales Convention and International Private Law.