LIBREVIEW

PROFESSIONAL TERMS OF USE

Effective Date: May 2018


These Terms of Use govern your use of the LibreView website located at [www.Libreview.com] (the “Site”). Please read these Terms of Use carefully before you start to use our Site, create any patient profile or practices, and/or invite Professional Users to create a LibreView system account, as these Terms of Use constitute a legal agreement between you and Abbott Diabetes Care Inc. 


Abbott Diabetes Care Inc. of 1420 Harbor Bay Parkway, Alameda, CA 94502, USA (“Abbott” or “us”, “our” or “we”)) is the developer of Sensors (“Sensors”), (“Readers”) and glucose test meters (“Meters”) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (“App”), which may be compatible with the Site and with the LibreView data management system (“LibreView system”). 


Newyu, Inc. holds the marketing authorisations/registrations for the LibreView system and provides the system on Abbott’s behalf. 


The LibreView system is a secure, cloud-based diabetes management system that is intended for use by Abbott, Professional Users and patients to aid in the review, analysis and evaluation of patients’ glucose data history, glucose test results and ketone test results in support of an effective diabetes health management programme. The LibreView system allows Abbott to provide improved treatment guidance for patients using Abbott’s Meters, Readers and App. The LibreView system also permits Professional Users to create patient profiles, to remotely manage patients who have LibreView system accounts, and to share patients’ LibreView system account information with other professional users within the same LibreView practice. 


THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE LIBREVIEW SYSTEM IS AN INFORMATION MANAGEMENT SERVICE TO PERMIT THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE YOU AS A HEALTH CARE PROFESSIONAL PROVIDE TO YOUR PATIENTS. THE LIBREVIEW SYSTEM IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION YOU DEEM RELEVANT TO YOUR PROVISION OF MEDICAL CARE, TREATMENT OR ADVICE. 


YOUR ACCESS AND USE OF THE SITE AND THE LIBREVIEW SYSTEM IS CONDITIONAL UPON YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. 


YOUR USE OF THE SITE IS ALSO SUBJECT TO THE LIBREVIEW PROFESSIONAL PRIVACY NOTICE AVAILABLE AT www.libreview.com (“PRIVACY NOTICE”), WHICH EXPLAINS HOW WE HANDLE THE PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE. IT ALSO SETS OUT THE INFORMATION THAT YOU, AS A PROFESSIONAL USER, SHOULD PROVIDE TO YOUR PATIENTS. 


You need not register as a Professional User and create a LibreView system account to simply visit and view the Site.


1. General. The Site is your gateway to create a LibreView system account in which your patients’ Meter, Reader and App readings may be stored and reviewed and analysed by you and Abbott. The LibreView system is designed to assist you in viewing and managing aspects of your patient’s condition, and to allow Abbott to provide improved treatment guidance for patients using Abbott’s Meters, Reader and App. The LibreView system allows patients with LibreView system accounts to share their glucose readings with you and Abbott, and it also allows you to connect your patient’s Meter, Reader and App to your computer and upload their glucose readings into a patient profile you have created.

Professional User includes only those medical providers (and their duly authorised representatives and agents) who have either registered a clinical practice or have registered as a professional user of the LibreView system. 


Abbott permits only one LibreView system user account per e-mail address. As a Professional User, you may create a clinical practice account and invite other professionals and/or link with other Professional Users with LibreView system accounts within your practice.


These Terms of Use apply to your use of the Site and to your right to use the LibreView system. They are effective from the time you set up a LibreView system account as a Professional User until the account is terminated as set forth below. 


By using this Site, you represent, acknowledge and agree that you are duly authorised to use this Site and to create a Professional User account in the LibreView System and that you also have the appropriate authority to create a practice and link other healthcare providers or professionals within your practice, and also to create patient profiles that will be shared with and used by Abbott. 


2. LibreView system account. Do not reveal your LibreView system account information to anyone else or disclose to anyone your password details. You are responsible for maintaining the confidentiality and security of your LibreView system account and for all activities that occur on or through it. You agree to notify Abbott if you become aware of a security incident or breach affecting your LibreView system account, including the case in which you believe your password may have been compromised, and fully cooperate with us and with a law enforcement or other applicable regulatory body in addressing the breach. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your LibreView system account by unauthorised users or for any losses arising out of or in connection with the unauthorised use of your LibreView system account where this is caused by you. If there is a violation of any of the security requirements by you or other professional users in a practice you create, that violation may be considered a breach of these Terms of Use and may result in the immediate loss of your LibreView system account.


You will be responsible for obtaining and maintaining any Internet connections, computing equipment and supplies necessary for you to receive, access and use the LibreView system. You agree to use the LibreView system only as expressly permitted herein. Abbott and its affiliates and its suppliers own all rights, titles and interests in and to the LibreView system and content available through the Site, including logos, graphics, videos, images, software and other materials (“Materials”). 


Subject to your compliance with these Terms of Use, Abbott hereby grants you a limited, personal, non-exclusive and non-transferable licence to use and to display the Materials and to use this Site solely for your professional use. Except for the foregoing licence, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, modify, enhance, or in any way exploit any of the Site or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions of these Terms of Use, the above licence will terminate automatically and you must immediately destroy any downloaded or printed Materials.


If you create a practice, you will supervise, monitor, and train your employees, representatives, contractors, agents, and other professional users whom you add to a practice you create, to ensure proper use and security. You will limit access to the services available through the Site at your locations to duly authorised users. You will be responsible for their use of the services, compliance with these Terms of Use and for the consequences of any breach of security that is caused by such users or that occurs at your locations.


3. Permitted Uses of your LibreView System Account. To use the LibreView system you must enter some of your personal information, including your username and password, to create your LibreView system account. You agree to provide accurate and complete information when you register with and as you use the LibreView system, and you agree to keep your LibreView system account information accurate, up to date and complete. These Terms of Use allow you to set up a LibreView system account as a Professional User over your organisation’s network, and to set up a practice for use by any professional, employee or other individual authorised by you within your practice. If you have patients who do not have a LibreView system account that would enable you to view their glucose readings, it also allows you to create a patient profile whereby you may connect your patient’s Meters to your computer, upload their glucose readings into the patient profile you created for them, and share that information with Abbott.


You acknowledge and agree that the Site and the LibreView system are provided to enhance your care of your patients and to allow Abbott to provide improved treatment guidance for patients using Abbott’s Meters, and you understand that these are not a substitute for your professional judgement or for your responsibilities to your patients. 


AS YOU ARE SETTING UP A LIBREVIEW SYSTEM PRACTICE IN YOUR PROFESSIONAL CAPACITY, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE DULY AUTHORISED TO AGREE AND BIND YOUR PRACTICE TO THESE TERMS OF USE AND HAVE THE NECESSARY CAPACITY AND AUTHORITY TO DO SO.


4. Prohibited Uses of your LibreView Professional System Account. We restrict access to the professional parts of our Site to Professional Users. We reserve the right to disable any Professional User ID at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. When using our Site, you may not engage in the prohibited uses set out below. Where required by law, Professional Users must not create any patient profile without having first obtained the patient’s informed, voluntary and explicit consent as may be required by applicable law. You agree that you will NOT use the LibreView system to: 


(a) upload, download, e-mail, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy, or otherwise objectionable; 


(b) pretend to be anyone you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child). Abbott reserves the right to reject or block any LibreView system account or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or has been used to hijack another user’s data; 


(c) upload, download, e-mail, transmit, store or otherwise make available any data or other information from a child (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or last name, date of birth, e-mail address, and their Meter data unless you have obtained the consent of the child’s parent/guardian; 


(d) infringe any person’s intellectual property rights (including uploading any content which you do not have the right to upload); 


(e) upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the LibreView system (or any part thereof), or any other computer software or hardware; 


(f) interfere with or disrupt the Site or LibreView system (including accessing the LibreView system through any automated means, such as scripts or Web crawlers), or any servers or networks connected to the LibreView system, or any policies, requirements or regulations of networks connected to the LibreView system (including any unauthorised access to, use or monitoring of data or traffic thereon); 


(g) gather, store or upload personal information, including health information, on any persons using an Abbott FreeStyle Libre flash glucose monitoring system without first having received their prior consent or without otherwise being authorised to do so, for example, if you are a carer, healthcare provider or parent or guardian; 


(h) reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the LibreView system except as and then solely to the extent permitted under applicable law; 


(i) gather, store or upload personal information, including health information, on any other users of the LibreView system or any individual using a FreeStyle Libre sensor in connection with any of the foregoing prohibited activities; and/or


(j) disclose information about the Site or LibreView system features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a patient.


5. Patient Profiles. After you have created a LibreView system account, you will be permitted to create patient profiles. When creating a patient profile, you will be required to manually enter some personal information, for example their name and date of birth. Within their patient profile, you will be able to manually upload their Meter readings to the LibreView system. 


You will use the Site and the LibreView system only for those patients from whom you have previously obtained their informed, voluntary or, as necessary, explicit consent, or when you deem it necessary to protect their vital interests, and will comply with any additional requirements arising under your local data protection, privacy, health or related laws. It is a misuse of the Site and the LibreView system to enter patient personal information, including health-related information, without either first securing their informed, voluntary or, as necessary, explicit consent, or having determined that it is necessary to protect their vital interests. Abbott will accept no liability in relation to your use of the Site, including the case where you use the Site to enter personal information relating to your patients, where these conditions have not been satisfied. We will provide reasonable assistance with any request you make to remove the personal information of any of your patients from the LibreView system within a reasonable period of receipt of such request; this does not apply to personal information that Abbott has accessed to improve its treatment guidance for patients using Abbott’s Meters.


AS A PROFESSIONAL USER YOU ARE RESPONSIBLE FOR (I) ANY PATIENT DATA YOU ENTER INTO THE LIBREVIEW SYSTEM, (II) THE PERSONAL INFORMATION OF OTHER PROFESSIONALS YOU INVITE TO JOIN A PRACTICE ACCOUNT, AND (III) YOUR USE OF PERSONAL INFORMATION OF ANY INDIVIDUAL WITH A LIBREVIEW SYSTEM ACCOUNT. YOU ARE THEREFORE RESPONSIBLE FOR COMPLYING WITH APPLICABLE DATA PROTECTION AND PRIVACY LAWS AND FOR OBTAINING, WHERE REQUIRED, ANY CONSENTS (INCLUDING EXPLICIT CONSENT) NEEDED UNDER APPLICABLE LAW. For European Economic Area (“EEA”) and Swiss Users: patient data will be processed in accordance with the Privacy Notice for the following different purposes:


(a) where you enter patient data into the LibreView system or use the personal information of any individual with a LibreView system account for the purpose of providing medical treatment, except as otherwise provided in these Terms of Use, you are the data controller and are responsible for complying with applicable data protection and privacy laws;


(b) where Abbott uses identifiable patient data you enter into the LibreView system for the purposes of improving treatment guidance for patients using Abbott’s meters, analytics, system troubleshooting, system and/or customer support, research or reporting, Abbott will be the data controller and will comply with applicable local data protection and privacy laws; and


(c) where your patient has independently created a LibreView system account, either for their own use or for the use of a child or other person for whom they provide care, Abbott will be the data controller and will comply with applicable local data protection and privacy laws.


Abbott will treat all patient personal information for which it is a data controller, including health information, in accordance with the Privacy Notice. When your patient has created a LibreView system account and grants you access to that account, or where you set up a LibreView system account for your patient, Abbott (through the LibreView system) will be processing both your and your patient’s personal data as a ‘processor’ on your behalf as a healthcare provider where you process your patient information to protect their vital interests as determined at your sole discretion as their healthcare provider.


For US Users. Additionally, if you are a healthcare provider in the United States and a covered entity as defined by the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations (“HIPAA”), you are creating the patient profile and using the Site and the LibreView system in compliance with HIPAA either by: i) obtaining a patient authorisation to do so; or ii) relying on the exception to the requirement for an authorisation under HIPAA for disclosure of Protected Health Information for treatment or healthcare operations purposes. Additionally, that part of Abbott that oversees operation of the Site has implemented safeguards for PHI that HIPAA requires of Covered Entities. 


6. Availability and Accuracy of Information. The Site and the LibreView system, or any feature or part thereof, may not be available in all languages or in all countries and Abbott makes no representation that the LibreView system or any feature or part thereof is appropriate or available for use in any particular location. To the extent that you choose to access and use the Site and the LibreView system, you do so on your own responsibility and are responsible for compliance with any applicable laws. Any data uploaded by you or available to be viewed by you are based exclusively on your patients’ glucose, ketone and insulin data and other information provided by them. Abbott makes no representations and provides no guarantees regarding the accuracy, completeness, reliability or timeliness of any data accessible to or viewed by you or of any content generated by the data stored in the LibreView system. In particular, Abbott makes no representations and provides no guarantees that any information based on such data will be in compliance with government regulations requiring disclosure of information. 


7. Deletion of your LibreView System Account. You may delete your LibreView system account at any time. Your LibreView system account will be deleted on receipt and processing of your delete request. Please be aware that it may take up to 72 hours to process your request. You acknowledge that deletion of your LibreView system account may have no effect on the personal information relating to your patients that Abbott has accessed to improve its treatment guidance for patients using Abbott’s Meters. Abbott has no responsibility for retaining/storing or backing up your LibreView system account on your behalf. You are solely responsible for retaining/maintaining/ storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you e-mail, back up or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no means of managing the privacy or security of that information. You should take the steps that you find appropriate to protect the security of such information. If you have registered a practice, you will be required to delete your LibreView system account on retirement or on your leaving that practice and will be responsible for transferring administration rights to another duly authorised Professional User within that practice. Unless otherwise required by law, you agree that your LibreView system account is non-transferable and that any rights to have a LibreView system account or any data stored in the LibreView system will terminate on your death. On receipt of a copy of a death certificate, Your LibreView system account may be terminated and all data therein deleted. E-mail DiabetesCarePrivacy@Abbott.com for further information.


8. Links to Third Party Websites.  This Site may be linked to other websites that are not sites controlled or operated by Abbott (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices from Abbott’s, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third Party Sites. Abbott is providing you with links to the Third Party Sites as a convenience, and Abbott does not verify, make any representations, or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT ABBOTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution or organisation of any third party entity or individual does not constitute or imply Abbott’s endorsement or recommendation. 


9. No Medical Advice. THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. YOU ACKNOWLEDGE THAT, WHILE ABBOTT USES INFORMATION IT RECEIVES VIA THE LIBREVIEW SYSTEM TO IMPROVE TREATMENT GUIDANCE, ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING YOU OF ANY CHANGES TO ANY OF YOUR PATIENT’S METER READINGS OR FOR PROVIDING MEDICAL ADVICE TO PATIENTS. The LibreView system is for information purposes and is designed to help Abbott, patients and you better manage and support diabetes through information, analysis and communication, and is not meant to replace the relationship between patients and their medical care providers. Health information content available to you through the LibreView system is based on information provided via medical device-related data transmissions from patients scanning their FreeStyle Libre sensor. Abbott does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE LIBREVIEW SYSTEM OR ON ANY INFORMATION RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.  ABBOTT, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS AND RELATED COMPANIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INCLUDING HEALTH INFORMATION CONTENT, POSTED ON OUR SITE OR FOR THE ACCURACY, TRUTHFULNESS OR CONTENT, INCLUDING HEALTH INFORMATION CONTENT, OF OUR SITE AND NO RELIANCE SHOULD BE PLACED BY A REGISTERED USER ON THE INFORMATION AVAILABLE IN THE LIBREVIEW SYSTEM.


10. No Electronic Health Records. THE INFORMATION AVAILABLE TO YOU THROUGH THE LIBREVIEW SYSTEM IS NOT AN ELECTRONIC MEDICAL RECORD. YOU MUST DOWNLOAD AND/OR PRINT OFF ANY INFORMATION THAT YOU, AT YOUR SOLE DISCRETION, DEEM NECESSARY TO INCLUDE IN YOUR PATIENT’S MEDICAL RECORDS.


11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR OWN RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH YOU. Any content included in the LibreView system is solely for the purpose of providing information. Although Abbott believes the data displayed in the LibreView system to be accurate as at the time it is transmitted to the LibreView system, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event will Abbott be liable to you for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the LibreView system.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE LIBREVIEW SYSTEM “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. 


Abbott, its affiliates and its third party providers do not guarantee that the functions contained in the LibreView system will meet your requirements or that the operation of the LibreView system will be uninterrupted or error-free. To the extent that applicable law requires Abbott to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.


In no event shall Abbott provide any warranty or representation in respect of any third party hardware or software, and Abbott disclaims all liability in respect of any failures thereof. Abbott disclaims any and all liability that may derive from actions or claims against Abbott or any of its affiliates, agents or assignees, or other third parties as may become applicable over the course of these Terms of Use. 


12. Limitation of Liability. NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR AND TO THE EXTENT PERMITTED BY LAW, THE ENTIRE LIABILITY OF ABBOTT, ITS AFFILIATES AND ANY OF ITS THIRD PARTY PROVIDERS UNDER ANY PROVISION OF OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING SHALL BE LIMITED TO EITHER THE FIXING, REPAIR OR OTHER RECTIFICATION OF ANY FAULTS WITHIN THE LIBREVIEW SYSTEM, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES, OR WHERE APPLICABLE, HIGHER THAN THE AMOUNT ACTUALLY PAID BY YOU FOR THE LIBREVIEW SYSTEM ACCESS OR $14.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABBOTT, ITS AFFILIATES OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU (OR YOUR PATIENTS, EMPLOYEES, CONTRACTORS, AGENTS OR USERS) FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LIBREVIEW SYSTEM, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE LIBREVIEW SYSTEM, FOR LOSS RESULTING FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR INFORMATION SYSTEM AND HARDWARE DUE TO YOUR DOWNLOADING ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE LIBREVIEW SYSTEM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE) WHETHER IN WARRANTY, CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR PRODUCT LIABILITY EVEN IF INFORMED ABOUT THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION MEDICAL EXPENSES, LEGAL FEES, LOSS OF REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), EVEN IF ABBOTT, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS ITS ESSENTIAL PURPOSE. ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE LIBREVIEW SYSTEM CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS, YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER. 


In no event will we be liable to you (or your patients, employees, contractors, agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorised access to or modification of data, including personal data, by any third party, or from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunication connections to the service, viruses or failures of performance, interception, or from the impact of the LibreView system on your information or communications systems, including without limitation any record or other communication provided by you, any patient or by us under these Terms of Use.  


If you are located in Australia, Singapore, UK or Switzerland, nothing in these Terms of Use shall exclude our liability for death or personal injury arising out of our negligence or fraudulent misrepresentation in connection with the LibreView system.


If you are located in Australia, Abbott’s goods/services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have these repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.


13. Indemnity. You agree to indemnify, defend and hold harmless Abbott, its affiliates and their respective officers, directors, employees, agents, successors, assignees and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including lawyers’ and experts’ fees) made by a third party due to or arising out of or related to a violation of these Terms of Use or laws, regulations or third party rights, including any breach of data protection or privacy obligations, any infringement of the copyright or intellectual property rights of any third party by you or others in your practice or organisation or otherwise in connection with your or their use of the LibreView system, whether by negligent act, omission, or wilful misconduct.


14. Licence. Abbott does not claim ownership of your personal data that you transmit or submit to the LibreView system. By disclosing your personal information to Abbott, you grant it a worldwide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, and translate such data for the purpose of providing you with the LibreView system. Abbott may create, access, retain and use, or disclose to third party researchers aggregated, anonymised, de-identified (or pseudonymised to the extent permitted by your law) data derived from the LibreView system for the purposes of research, to evaluate how the LibreView system is provided, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the LibreView system and the FreeStyle Libre sensors, to validate LibreView system upgrades, or for product development. You agree that the licence herein permits Abbott to take any such action. Where personal information is provided to third party suppliers to assist us with the provision of the LibreView system, they are required to keep personal information confidential and secure and may use personal information only to the minimum extent necessary.


15. Feedback. Any data, comments or materials that you supply via the LibreView system or provide to Abbott in order to receive support, including feedback data, such as questions, comments, suggestions or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind in respect of such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information that might be included in the Feedback but is subject to “Section 14. Licence” above. Furthermore, Abbott shall be free to use any idea, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.


16. Trademarks. LibreView, FreeStyle LibreLink, FreeStyle Libre, FreeStyle and related brands are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No licence or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the LibreView system. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorisation of Abbott, except to identify the product or services of the company. 


17. Proprietary Rights. You acknowledge and agree that Abbott and/or its licensors own all legal right, title and interest in and to the LibreView system, including but not limited to graphics, user interface, the scripts and software used to implement the LibreView system, and any software or documents provided to you as a part of and/or in connection with the LibreView system, including all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the LibreView system contains proprietary and confidential information that is protected by applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the LibreView system in compliance with these Terms of Use. No portion of the LibreView system may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use or where permitted by applicable law. You shall not remove any product identification, copyright notices or proprietary restrictions from the LibreView system. You expressly acknowledge and agree that LibreView system access is licensed and not sold to you, and that Abbott, its licensors, affiliates, and its suppliers, grant you a non-exclusive licence to use the LibreView system on the basis of these Terms of Use, and that your use of the LibreView system is also subject to any rules or policies applied by Abbott’s third party providers, including, but not limited to, Newyu. You therefore agree that Abbott and/or its licensors do not transfer to any user any ownership or proprietary rights in the LibreView system, any intellectual property rights, or any other technology, information or materials, and as between the parties, Abbott, its affiliates, its suppliers, and its licensors, retain exclusive ownership of all right, title and interest in and to all aspects of the LibreView system, any Intellectual Property Rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever made and whenever made). RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ABBOTT AND/OR ITS LICENSORS. The use of this material and the associated rights of Abbott, its affiliates and its suppliers, are hereby acknowledged except solely to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions.


18. Remedies. Violations of these Terms of Use may be investigated and appropriate legal action may be taken, including civil action, criminal prosecution or equitable relief. You understand and agree that Abbott, at its sole discretion, and without prior notice, may terminate your access to our Site, remove any unauthorised user content or exercise any other remedy available if we believe, at our sole discretion, that your conduct or the conduct of any person with whom we believe you act in concert, or the user content you provide, violates or is inconsistent with these Terms of Use or applicable law or violates our or our affiliates’ rights or the rights of our licensor or another user of our Site. You agree that monetary damages may not provide us with a sufficient remedy for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.
A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 


19. Termination of Your LibreView System Account. These Terms of Use are effective on your creation of a LibreView system account and shall continue in effect until the account is terminated. You may ask Abbott to delete your LibreView system account at any time. Abbott may suspend or terminate your LibreView system account without advance notice to you for any of the following reasons:


20. Language. The parties agree that the English language will be the official language of these Terms of Use. If there is any conflict, apparent conflict or ambiguity between any of the clauses of these Terms of User in the English language and the translated language, the wording of the English language shall prevail.


21. Applicable Law. 



22. Severability. If, for any reason, a court with proper jurisdiction holds that any part of these Terms of Use is invalid or cannot be enforced, all other parts will remain in effect. The invalid or unenforceable part will be reformulated only to the extent necessary to make it valid and enforceable. For example, some jurisdictions may not permit certain disclaimers of warranties in relation to individual Professional Users, despite the fact that this is a business to business rather than a consumer agreement, and in such an event, only those disclaimers deemed invalid should be severed from these Terms of Use. 


23. No Third Party Rights. These Terms of Use are between you and us. No other person shall have any right to enforce any of its terms, whether under the UK Contracts (Rights of Third Parties) Act 1999, or otherwise.


24. Support. You can get free technical support by going to the LibreView.com support site and clicking on the “Contact Support” link. Enquiries will be directed to the appropriate support teams. 


25. Changing LibreView System Terms of Use. Abbott reserves the right to change these Terms of Use at any time at our discretion and without prior notice. Users of our Site are expected to regularly check the Terms of Use for changes, as they are binding on you. We encourage you to review these Terms of Use every time you use our Site. Updates will be indicated by a change in the Effective Date and your continued use of our Site and continued access to your LibreView system account as a Professional User following any such change constitutes your agreement to follow and be bound by the most recent version of these Terms of Use. You will be able to store or print out changes to these Terms of Use in legible form. 


BY CLICKING AGREE WHEN YOU CREATE A LIBREVIEW SYSTEM ACCOUNT AS A PROFESSIONAL USER, YOU REPRESENT AND GUARANTEE THAT YOU ARE DULY AUTHORISED TO ACCEPT AND ENTER INTO THESE TERMS OF USE AND THAT YOU INTEND YOUR ACTION TO SERVE AS AN ELECTRONIC SIGNATURE TO THESE TERMS OF USE WITH THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE. 

Please print a copy of this Agreement for Your records.