LIBREVIEW
PROFESSIONAL TERMS OF USE

Effective Date: March 2020

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, practices, and/or invite Professional Users to create a LibreView System account, as these Terms of Use are 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’ or ‘our’ ‘we’)) is the developer of Sensors (‘Sensors’), Readers (‘Readers’) and glucose test meters (‘Meters’) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (‘Libre App’) which may be compatible with the Site and with the LibreView data management system (‘LibreView System’).

Newyu, Inc. maintains the medical authorizations for the LibreView System as a medical device, provides other application/software support, and manages the marketing authorizations/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’ historical glucose data, glucose test results and ketone test results in support of an effective diabetes health management program. The LibreView System allows Abbott to provide improved treatment guidance for patients utilizing Abbott’s Meters, Readers and Libre App. The LibreView System also allows 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 ENABLE THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE THAT YOU PROVIDE TO YOUR PATIENTS AS A HEALTHCARE PROFESSIONAL. THE LIBREVIEW SYSTEM IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION THAT YOU DEEM RELEVANT TO YOUR PROVISION OF MEDICAL CARE, TREATMENT OR ADVICE.

YOUR ACCESS AND USE OF THE SITE AND THE LIBREVIEW SYSTEM CONSTITUTES, AND IS CONDITIONED 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 do not need to 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’ Meters, Readers and the Libre App readings may be stored, reviewed and analyzed by you and Abbott. The LibreView System is designed to assist you in viewing and managing aspects of your patients’ condition, and to allow Abbott to provide improved treatment guidance for patients utilizing Abbott’s Meters, Readers and the Libre 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 patients’ Meters, Readers and the Libre App to your computer and upload their glucose readings into a patient profile that you have created.

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

    Abbott only permits one LibreView System user account per email 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 when you set up a LibreView System account as a Professional User until terminated as set forth below.

    By using this Site, you represent, acknowledge and agree that you are duly authorized 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 HCPs or professionals within your practice, and also create patient profiles that will be shared with and utilized 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 where you believe your password may have been compromised, and fully cooperate with us, 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 from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your LibreView System account where caused by you. If there is a violation of any of the security requirements by you or other professional users in a practice that 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 only use the LibreView System as expressly permitted herein. Abbott, its affiliates and its suppliers own all rights, titles and interests in and to the LibreView System and to content 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 license to use and to display the Materials and to use this Site solely for your professional use. Except for the foregoing license, 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 in these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

    Where you create a practice, you will supervise, monitor and train your employees, representatives, contractors, agents, and other professional users who you add to a practice that you create, to ensure proper use and security. You will limit access to the services available through the Site at your locations to those duly authorized 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, current and complete. These Terms of Use allow you to set up a LibreView System account as a Professional User over your organization’s network, and to set up a practice for use by any professional, employee or other individual authorized by you within your practice. If you have patients who do not have a LibreView System account which would enable you to view their glucose readings, it also allows you to create a patient profile whereby you may connect your patients’ Meters to your computer, upload their glucose readings into the patient profile that 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 utilizing 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 AUTHORIZED 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 profiles without having first obtained their informed, voluntary and explicit consent as may be required by applicable law. You agree that you will NOT use the LibreView System to:

    1. upload, download, email, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy or otherwise objectionable;
    2. pretend to be anyone that 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 email 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 that has been used to hijack another user’s data;
    3. upload, download, email, transmit, store or otherwise make available any data or other information from children (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 surname, date of birth, email address and their Meter data unless you have obtained the consent of the child’s parent/guardian;
    4. infringe any person’s intellectual property rights (including uploading any content to which you do not have the right to upload);
    5. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the LibreView System (or any part thereof), or any other computer software or hardware;
    6. 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 unauthorized access to, use or monitoring of data or traffic thereon);
    7. 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 authorized to do so, for example if you are a caregiver, HCP or parent/guardian;
    8. reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code of or modify the LibreView System except and then solely to the extent permitted under applicable law;
    9. 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
    10. 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 only use the Site and the LibreView System 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 personal patient information, including health-related information, without either first securing their informed, voluntary or, as necessary, explicit consent, or having determined that which is necessary to protect their vital interests. Abbott will accept no liability in relation to your use of the Site, including 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 that you make to remove the personal information of any of your patients from the LibreView System within a reasonable period from receipt of such request; this does not apply to personal information that Abbott has accessed to improve its treatment guidance for patients utilizing Abbott’s Meters.

    AS A PROFESSIONAL USER YOU ARE RESPONSIBLE FOR (I) ANY PATIENT DATA THAT YOU ENTER INTO THE LIBREVIEW SYSTEM, (II) THE PERSONAL INFORMATION OF OTHER PROFESSIONALS THAT 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:

    1. 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 are for complying with applicable data protection and privacy laws;
    2. Where Abbott uses identifiable patient data that you enter into the LibreView System for the purposes of improving treatment guidance for patients utilizing 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
    3. 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 personal patient 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 in 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 authorization to do so; or ii) relying on the exception to the requirement for an authorization 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 at your own initiative and are responsible for compliance with any applicable laws. Any data uploaded by you or available to view by you are based exclusively on your patients’ glucose, ketone and insulin data and other information provided by them. Abbott makes no representations or warranties regarding the accuracy, completeness, reliability or timeliness of any data accessible or viewed by you or of any content generated by the data stored in the LibreView System. In particular, Abbott makes no representations or warranties 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 upon receipt and processing of your delete request, unless there is any contractual or legal obligation to keep your information in our databases. 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 utilizing 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 unauthorized access to, use of or alteration of your information. If you email, 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 ability to manage the privacy or security of that information. You should take the steps that you determine appropriate to protect the security of such information. In the event that you have registered a practice, you will be required to delete your LibreView System account upon retirement or upon you leaving that practice and will be responsible for transferring administration rights to another duly authorized 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 upon your death. Upon receipt of a copy of a death certificate your LibreView System account may be terminated and all data within deleted. Email 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, terms and conditions and/or user guides and business practices than Abbott, 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 links to the Third-Party Sites to you 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 OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization 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 THAT 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 PATIENTS’ METER READINGS OR FOR PROVIDING MEDICAL ADVICE TO PATIENTS. The LibreView System is for informational 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 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 BY REGISTERED USERS SHOULD BE PLACED 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, IN YOUR SOLE DISCRETION, DEEM NECESSARY TO INCLUDE IN YOUR PATIENTS’ MEDICAL RECORDS.
  11. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Any content included in the LibreView System is for the purpose of providing information only. 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 from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications 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-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

    Abbott, its affiliates and its third-party providers do not warrant 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 warranty shall be to the minimum extent required to be provided under such applicable law.

    In no event does Abbott provide any warranty or representation with respect to any third-party hardware or software, and Abbott disclaims all liability with respect to 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 assigns, or other third parties as may become applicable over the course of these Terms of Use.

    1. For Australian users: Nothing in this Section 11 affects your rights in respect of the consumer guarantees in the Competition and Consumer Act 2010 (Cth). Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

      1. to cancel your service contract with us; and
      2. to a refund for the unused portion, or to compensation for its reduced value.

    You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

  12. Limitation of liability: NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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, REPAIRING OR OTHERWISE RECTIFYING ANY FAULTS WITHIN THE LIBREVIEW SYSTEM, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES OR, WHERE APPLICABLE, THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LIBREVIEW SYSTEM ACCESS OR USD$10.00. 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 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 OF 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 (your patients, employees, contractors, agents or users) for any losses, costs, damages, charges or expenses resulting from loss, misappropriation, unauthorized 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 telecommunications 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 Singapore, the 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.

    For Australian users: Nothing in this Section 12 affects your rights in respect of the consumer guarantees in the Competition and Consumer Act 2010 (Cth). Regardless of any other provision of these terms and conditions, if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

  13. Indemnity: You agree to indemnify, defend and hold harmless Abbott, its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including solicitors’ 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 their copyright or intellectual property rights of any third party by you or others in your practice or organization or otherwise in connection with your or their use of the LibreView System whether by negligent act, omission, or willful misconduct.
  14. License: 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 license 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, use or disclose to third-party researchers, aggregated, anonymized, de-identified (or pseudonymized 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 license herein permits Abbott to take any such actions. 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 only use personal information 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 with respect to 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 which might be included in the Feedback but is subject to ‘Section 14. License’ 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 brand marks are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No license 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 authorization 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 rights, titles 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 suppliers, grant you a non-exclusive license 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 such as, 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 rights, titles 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 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, criminal or equitable relief. You understand and agree that Abbott, in its sole discretion, and without prior notice, may terminate your access to our Site, remove any unauthorized user content or exercise any other remedy available if we believe, in our sole discretion, that your conduct or the conduct of any person with whom we believe you act in concert with, or the user content that you provide, violates or is inconsistent with these Terms of Use or applicable law or violates our rights or the rights of our affiliates, 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 upon 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 upon your creation of a LibreView System account and shall continue in effect until terminated. You may ask Abbott to delete your LibreView System account at any time. Abbott may suspend or terminate your LibreView System account for any of the following reasons without advance notice to you:

  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 Use in the English language and the translated language, the wording of the English-language version 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 reformed 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 rights to enforce any of the terms, whether under the UK Contracts (Rights of Third Parties) Act 1999, or otherwise.
  24. Support: Free technical support is available by going to the LibreView.com support site and clicking on the ‘Customer Support’ link. Inquiries 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 that 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 WARRANT THAT YOU ARE DULY AUTHORIZED TO ACCEPT AND ENTER INTO THESE TERMS OF USE AND THAT YOU INTEND YOUR ACT 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.

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