LIBRELINKUP APP END USER LICENSE AGREEMENT
Effective Date: JUNE 2023
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING AND USING THE LIBRELINKUP APP: THIS END USER LICENSE
AGREEMENT (the “Agreement” or the “Terms”) is between Abbott Diabetes Care Inc., (“Abbott”, “us” or “we”), and the end user who
accepts the terms in this Agreement (“you” or the “User”).
This Agreement is a legal contract between you and Abbott. It explains how you are permitted to use the
LibreLinkUp mobile application (“LibreLinkUp App”) and associated services, including user documentation (the
“Services”), including any updates or supplements to LibreLinkUp App, related documents, and
the Services.
Abbott Diabetes Care Inc. of 1420 Harbor Bay Pkwy, Alameda, CA 94502, USA is the developer of Sensors
(“Sensors”) and Readers (“Readers”) for the FreeStyle Libre family of products
including the FreeStyle LibreLink mobile app, and the LibreView data management system (“LibreView Data Management System”). Abbott is
the controller of your personal information transmitted to or stored by you in the LibreView Data Management System.
Abbott is the developer of LibreLinkUp App as a component of the LibreView Data Management System. Abbott maintains the marketing authorizations/registrations for the LibreView Data Management System as a medical device and provides other
application software support. The LibreLinkUp App allows you, once you have been
invited, to view glucose readings from your family members and/or friends where they elect to share with you the
data they store in the LibreView Data Management System.
Your use of the LibreLinkUp App is also subject to the Abbott FreeStyle Libre System Privacy Policy available at www.libreview.com (“Privacy Policy”),
which explains how we collect, protect, retain, store, disclose, and in certain circumstances transfer, your personal information that you provide to us through your use of LibreLinkUp App.
The services we provide to you via the LibreLinkUp App may change over time as features are added or changed. We reserve the right from time to time and in our sole discretion to add, change, and remove certain functionality, and otherwise improve such services. We will make commercially reasonable efforts to notify you in advance of material changes.
From time to time, there will be service upgrades, or emergency updates, and we may not be able to provide the LibreView Data Management System to you at those times. When reasonably possible, we will give you prior notice if we are unable to provide you with access to the LibreView Data Management System. Abbott will also provide you with technical and customer support services where you request it (see Section 6 for information about how to request this service).
THE LIBREVIEW DATA MANAGEMENT SYSTEM IS A SECURE, CLOUD-BASED DIABETES MANAGEMENT SYSTEM THAT MAY BE USED BY INDIVIDUALS,
HEALTHCARE PROFESSIONALS AND ABBOTT TO AID IN THE REVIEW, ANALYSIS AND EVALUATION OF HISTORICAL GLUCOSE
DATA, GLUCOSE TEST RESULTS AND KETONE TEST RESULTS TO SUPPORT AN EFFECTIVE DIABETES HEALTH MANAGEMENT
PROGRAM.
THE LIBRELINKUP APP AND THE LIBREVIEW DATA MANAGEMENT SYSTEM ARE NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR
DIABETES MELLITUS.
USERS SHOULD BE AWARE THAT THE LIBREVIEW DATA MANAGEMENT SYSTEM IS AN INFORMATION MANAGEMENT SERVICE THAT ENABLES THE
ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF A HEALTH CARE PROFESSIONAL.
INDIVIDUALS USING THE LIBREVIEW DATA MANAGEMENT SYSTEM TO RECEIVE INFORMATION ABOUT PERSONS WITH DIABETES SHOULD ALWAYS
CONSULT A HEALTH CARE PROFESSIONAL IF THEY HAVE ANY QUERIES OR CONCERNS ABOUT DIABETES MANAGEMENT.
THE LIBREVIEW DATA MANAGEMENT SYSTEM PROVIDES A MEANS FOR YOU TO VIEW THE GLUCOSE READINGS TRANSMITTED VIA THE FREESTYLE LIBRELINK
APP AND STORED IN THE LIBREVIEW DATA MANAGEMENT SYSTEM. NEITHER ABBOTT NOR ANY OF ITS AFFILIATED COMPANIES ARE
RESPONSIBLE OR LIABLE FOR ANY DIAGNOSIS, DECISION OR ASSESSMENT MADE BY A USER OR ANY INJURIES A USER MAY
INCUR AS A RESULT OF ANY DECISIONS MADE BASED ON THE CONTENT OF THE PRODUCT.
YOUR USE OF THE LIBREVIEW DATA MANAGEMENT SYSTEM CONSTITUTES, AND IS CONDITIONED UPON, YOUR AGREEMENT TO BE
BOUND BY THIS END USER LICENSE AGREEMENT. BY CLICKING “ACCEPT”, YOU EXPLICITLY AGREE THAT
THIS END USER LICENSE AGREEMENT WILL APPLY TO YOUR USE OF THE LIBREVIEW DATA MANAGEMENT SYSTEM, AND YOU ACKNOWLEDGE THAT
THERE ARE RISKS INHERENT IN SOFTWARE, HARDWARE AND INTERNET CONNECTIVITY THAT MAY RESULT IN INTERRUPTIONS OR
ERRORS IN THE PRODUCT AND THE DATA TRANSMITTED OR DISPLAYED USING THE PRODUCT, LOSS OF PRIVACY,
CONFIDENTIALITY, INFORMATION OR PROPERTY, AS WELL AS OTHER LOSSES, DAMAGES OR ADVERSE OCCURRENCES,
REGARDLESS OF THE MEASURES TAKEN TO AVOID SUCH OCCURRENCES. IF YOU DO NOT AGREE TO THIS END USER LICENSE
AGREEMENT, DO NOT DOWNLOAD THE LIBRELINKUP APP AND DO NOT SET UP A LIBREVIEW DATA MANAGEMENT SYSTEM ACCOUNT.
- General: To use the LibreLinkUp App, you will need to create a LibreView Data Management System account when prompted. More information regarding the LibreView Data Management System and the LibreView Data Management System account is available in the Privacy Policy and End User License Agreement.
Use of the LibreView Data Management System may require: compatible devices; internet access or data usage (charges may apply); certain software (fees may apply); and periodic updates, and the performance of the LibreView Data Management System may be affected by these requirements. Abbott only permits one LibreView Data Management System account per email address and reserves the right to limit the number of devices associated with a LibreView Data Management System account. You agree that meeting these requirements is your responsibility.
-
LibreView Data Management System Account: The LibreLinkUp App allows you, once you have been invited, to see
the glucose readings of those family members or friends that have opted to share their diabetes related information
they store in the LibreView Data Management System with you.
The LibreView Data Management System is your gateway to creating LibreLinkUp in which your personal information will be stored.
Provision of a LibreView Data Management System account is subject to your agreement to and compliance with all the terms and conditions of the
Privacy Policy and End User License Agreement, which is also available for viewing from within LibreLinkUp. We do not permit
individuals under eighteen (18) years old to create a LibreView Data Management System account via the LibreLinkUp App. If you are a parent or guardian and
become aware that your child has attempted to set up a LibreView Data Management System account using the LibreLinkUp App or
has attempted to provide us with information directly, please contact us using one of the methods specified at the end of this Agreement, and we will work with you to address this issue.
Depending on your country/region of residence, and subject to country approval, the LibreLinkUp App may include an additional alarm feature. Where the person that invited you to use the LibreLinkUp App has set customized alarms for low glucose and high glucose, or to receive a signal loss alarm (e.g. when a Sensor is not communicating with an App), the LibreLinkUp App will display the same alarms. The optional alarm feature is optional, and you may disable the alarms in the LibreLinkUp App settings.
- Limitations on Use: Abbott grants you a non-exclusive right (the “License”), to use the LibreLinkUp App,
provided you agree to and comply with all terms and conditions of this Agreement. You agree to use the
LibreView Data Management System only for purposes permitted by this End User License Agreement, and only to the extent
permitted by any applicable law, regulation or generally accepted practice in the applicable jurisdiction.
If your use of the LibreView Data Management System or other behavior intentionally or unintentionally threatens our ability
to provide the LibreView Data Management System, we shall be entitled to take all reasonable steps to protect the
LibreView Data Management System, which may include suspension of your access to the LibreView Data Management System or termination of your LibreView Data Management System account. Nothing in this End User License Agreement shall be construed to convey to you any interest,
title or license in a LibreView Data Management System account or similar resource used by you in connection with the
LibreView Data Management System. You agree that you will not reproduce, copy, duplicate, sell, resell, lease, lend, distribute, transfer, assign, rent, sub-license or trade the
LibreView Data Management System (or any part thereof) for any purpose except as expressly provided in this Agreement.
You expressly acknowledge and agree that LibreView Data Management System access is licensed and not sold to you, and that Abbott, its affiliates, and its suppliers, grant you an non‐exclusive license to use the LibreLinkUp App on the basis of this End User License Agreement, and that your download of the LibreLinkUp App is also subject to any rules or policies applied by any app store provider such as, but not limited to the Google Play Store.
For Users in Russia: You receive the License on a royalty-free and worldwide basis. You are not required to pay anything for downloading, installing, accessing, and using the LibreLinkUp App or for accessing and using the LibreView Data Management System under this Agreement.
For Users in Turkey: You receive the License on a royalty-free and worldwide basis.
- Permitted Uses: This End User License Agreement allows you to download and install the LibreLinkUp App : (i)
if you are an individual user for yourself or other adult (anyone 18 years or older) in your household for
personal, nonbusiness use by you and other members of your household; or (ii) if you are a professional or
organizational user, you may download and install the LibreLinkUp App over your organization’s network, for
use by any employee or other individual authorized by your organization, unless you are located in France
where use of the LibreLinkUp App by professional users is not permitted.
For Users in China: If you are a professional or organizational user in China (excluding Hong Kong, Macau and Taiwan), you may download and install the LibreLinkUp App over your organization’s network subject to the terms and conditions of the license that we grant to your organization, for use by you as an authorized employee or professional duly authorized by your organization.
- Prohibited Uses: You agree that you will NOT use the LibreView Data Management System to:
- access the glucose readings of any individual that has not elected to share their FreeStyle LibreLink glucose readings with you;
- pretend to be anyone you are not or misrepresent who you are or otherwise misrepresent your
affiliation with any person (including a child) by inducing them to share their LibreView Data Management System
account information with you. We reserve the right to reject or block any LibreView Data Management System account
or email address which has or could be deemed to viewed or otherwise accessed another individual’s
LibreView Data Management System account without having obtained that person’s prior authorization;
- engage in any infringement of Intellectual Property Rights (including uploading any content which you do not have the right to upload);
- interfere with or disrupt the LibreView Data Management System (including accessing the LibreView Data Management System through any
automated means, including but not limited to scripts or web crawlers, or any servers or networks connected to the
LibreView Data Management System, or any policies, requirements or regulations of networks connected to the
LibreView Data Management System (including any unauthorized access to, use or monitoring of data or traffic
thereon);
- monitor, gather, store, view or otherwise access any personal information, including health
information, of 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;
- reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the
source code, or modify the LibreView Data Management System except and then solely to the extent permitted under
applicable law; and/or
- take a screenshot of the data displayed on the LibreLinkUp App and share that data with other
persons, without having obtained the prior consent of the person who elected to share their
LibreView Data Management System account information with you.
For Users in Germany: The foregoing shall not apply to users located in Germany to the extent prohibited by applicable copyright law in Germany.
- Support: As part of providing you with the services available via the Site, Abbott will provide you with free technical support. To receive technical support service, go to the LibreView.com support site and click on the
“Customer Support” link. Inquiries will be directed to the appropriate support teams.
- Availability and Accuracy of Information: The LibreView Data Management System, or any feature or part thereof, may not be
available in all languages or in all countries and we make no representation that the LibreView Data Management System, or
any feature or part thereof, is appropriate or available for use in any particular location. To the extent
you choose to access and use the LibreView Data Management System, you do so at your own initiative and are responsible for
compliance with any applicable laws. Any information visible to you via the LibreLinkUp App and stored in
the LibreView Data Management System is based exclusively on glucose, ketone and insulin data and other information provided
by third parties. We make no representations or warranties regarding the accuracy, completeness, reliability
or timeliness of any data or content displayed on the LibreLinkUp App that has been provided by third
parties, or of any data stored by you in the LibreView Data Management System. In particular, we make no representations or
warranties that any information based on such data will be in compliance with government regulations
requiring disclosure of information.
- Changes: We reserve the right at any time to modify this End User License Agreement and to impose new or
additional terms or conditions on your use of the LibreView Data Management System. Such modifications and additional terms
and conditions will be communicated to you by being displayed on‐screen when you next use the LibreView Data Management
System via the LibreLinkUp App and, if accepted, will be effective immediately and will be incorporated into
this End User License Agreement. In the event that you refuse to accept such changes, we will have the right
to terminate this End User License Agreement and your LibreView Data Management System account. You agree that we shall not
be liable to you or any third party for any modification or cessation of the LibreView Data Management System.
For Users in the EEA, UK, Switzerland, China (excluding Hong Kong, Macau, and Taiwan) and Australia: You will be notified of any changes to this End
User License Agreement when you login to the LibreView Data Management System via the LibreLinkUp App . Changes will
be considered to have been accepted by you unless you inform us in writing or by using electronic
means agreed upon by us. We will draw your attention to this fact when changes are announced. If you
should decide to object to any change, you must do so within six weeks after receipt of announcement
of the change. In the event of an objection, we may terminate your LibreView Data Management System account upon
four weeks’ notice. Otherwise, Section 8 does not apply to users located in the EEA, UK, China, Switzerland and Australia.
For Users in Germany: This provision applies to you instead of Section 8 above. We reserve the right to modify these Terms of Use, if necessary, at any time. We will notify You of such changes in advance, e.g. by means of an e-mail or a pop-up when you register for Your user account. Changes to the Terms of Use require Your consent.
The only exceptions are changes to the Terms of Use for the following reasons: To adapt to changes in the law or jurisdiction or official requirements, further development of the services within the scope of the user account and the introduction of new services. If You do not object to changes for these reasons within 30 days of receipt of the change notification or continue to use the LibreView Data Management System via the LibreLinkUp App after receipt of the change notification, the changed provisions apply. Changes to the End User License Agreement will apply to only if you accepted them, e.g. when logging into the LibreView Data Management System via the LibreLinkUp App. You will be able to store or print out changes to the End User License Agreement in legible form.
For Users in Turkey:You will be notified of any changes to this End User License Agreement when you login to the LibreView Data Management System via the LibreLinkUp App. Changes will be considered to have been accepted by you unless you inform Abbott in writing or by using electronic means agreed upon by Abbott. We will draw your attention to this fact when changes are announced. Your right to terminate the contract in case you do not accept the changes to the End User License Agreement is reserved
- Non‐Transferability: The LibreLinkUp App may not be transferred to another end user and should be
uninstalled if you transfer the mobile device(s) on which it is installed. The data you store in your
LibreView Data Management System account, or view from the LibreLinkUp App, is specific to you. If another end user desires
to utilize the LibreLinkUp App, they should download the LibreLinkUp App directly to their mobile device
once requested to do so by a friend or family member, and create their own LibreView Data Management System
account.
You may not use the LibreLinkUp App for commercial timesharing or otherwise in providing services to third parties.
- Ownership of Intellectual Property: All Intellectual Property Rights (as defined hereinafter) in the LibreView Data Management System, including but not limited to in the graphics, user interface, the scripts and software used to implement the LibreView Data Management System, and any software or documents provided to you as a part of and/or in connection with the LibreView Data Management System, including all Intellectual Property Rights that exist therein, whether registered or not, and wherever in the world they may exist, whether collectively or separately, and any improved, updated, upgraded, modified, customized or additional parts thereof are owned by Abbott, its affiliates or its suppliers and are protected by law and international treaty provisions, including but not limited to copyright, patent, trade secret, trade dress, trademark, rights in getup, goodwill, rights in designs, technology, artwork, rights in computer software (including source code), database and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world ('Intellectual Property Rights'). You agree that you will not use such Intellectual Property Rights or materials in any way whatsoever except for use of the LibreView Data Management System in compliance with this End User License Agreement.
The structure, organization and code of the LibreView Data Management System are the valuable trade secrets and confidential information of Abbott, its affiliates and its suppliers. You shall not remove any product identification, copyright notices, or proprietary restrictions from the LibreView Data Management System.
Abbott, LibreView,
FreeStyle LibreLink, LibreLinkUp, FreeStyle Libre, FreeStyle and related brand marks are trademarks of
Abbott or its affiliates 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 Data Management 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.
Notwithstanding anything to the contrary, Abbott does not, nor do any of its affiliates or suppliers, transfer to you any ownership, Intellectual Property Rights or any other proprietary rights in the LibreView Data Management System, or any other technology, information or materials. Abbott and its affiliates retain exclusive ownership of all right, title, and interest in and to all aspects of the LibreView Data Management System and all other Abbott technology, information, and materials, as well as any and all copies or modifications thereof (by whomever made and whenever made), including, but not limited to, all Intellectual Property Rights other proprietary rights with respect to any and all of the foregoing. Portions of the LibreView Data Management System may include copyrighted material provided by third parties. The licensors of such third party materials retain all of their respective rights, title and interest in and to such third party materials and all copies thereof, including, but not limited to, any and all copyrights and other intellectual property rights. The use of this material and the associated rights of Abbott and its affiliates therewith are hereby acknowledged except and then solely to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions.
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.
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ABBOTT, ITS AFFILIATES, AND ITS SUPPLIERS.
- Limitation on Reverse Engineering: Except and solely to the extent that such restriction is permitted under
applicable law, you are not permitted (and you agree not to or facilitate third parties to) reverse
engineer, decompile, disassemble, decode, translate, modify, create derivative works of, gain access to the
source code, or modify the Product, except and then solely to the extent required to be permitted under
applicable law.
- Upgrades: From time to time updates to the LibreLinkUp App may be available through the app store provider
or the internet including related regional websites. Depending on the update, you may not be able to use the
LibreLinkUp App until you have downloaded the latest version of the LibreLinkUp App, reviewed any associated
documents and accepted any new terms. To use a version of the LibreLinkUp App that has been identified by
Abbott as an upgrade, you must first be licensed to use the original version of the LibreLinkUp App
identified by Abbott as eligible for the upgrade. After upgrading, you may no longer use the original version
of the LibreLinkUp App that formed the basis for your upgrade eligibility and the upgraded software shall be
deemed the version of "the LibreLinkUp App” licensed hereunder; provided the foregoing shall not apply to
users located in Germany to the extent prohibited by applicable copyright laws in Germany. This Agreement applies to any and all updates or supplements to each version of the LibreLinkUp App provided by Abbott, unless Abbott
provides other terms along with the update or supplement. In case of a conflict between this Agreement and
other terms provided with respect to updates or supplements, such other terms will prevail. This Section
will not require Abbott to deliver new features and functionality which are priced separately by Abbott nor
any future products.
- Third Party Systems and Products: YOU ACKNOWLEDGE THAT YOU WILL BE USING THE LIBRELINKUP APP IN CONNECTION
WITH PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES WHICH ARE NOT PROVIDED BY US AND FOR WHICH WE HAVE NO
RESPONSIBILITY. ABBOTT NOR ANY OF ITS AFFILIATED COMPANIES SHALL HAVE NO
LIABILITY WITH RESPECT TO ANY OF THE THIRD-PARTY PRODUCTS. Any third party products that are licensed or
provided to you are subject to the terms and conditions of the purchase agreement, software license
agreement, end user license agreement, or services agreement accompanying such third party product in
whatever form, including electronic license terms or other form accepted at time of download or purchase.
Your use of any third party products shall be governed entirely by the terms and conditions of such
agreement.
- No Medical Advice: THE LIBREVIEW DATA MANAGEMENT SYSTEM IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS OR TREATMENT. INDIVIDUALS SHOULD ALWAYS SEEK THE ADVICE OF A DOCTOR OR OTHER QUALIFIED HEALTHCARE
PROFESSIONAL WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION. INDIVIDUALS SHOULD NEVER
DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION DISPLAYED ON THE
LIBRELINKUP APP. ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING YOU OR
ANY INDIVIDUAL’S DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN GLUCOSE READINGS. The
LibreView Data Management System is designed to help individuals using the LibreLinkUp App to receive, monitor and support
those members of their family or friends using the FreeStyle Libre sensors to manage their diabetes through
information, analysis and communication. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION ON THE
LIBREVIEW DATA MANAGEMENT SYSTEM OR ON ANY INFORMATION DISPLAYED ON THE LIBRELINKUP APP, OR RECEIVED FROM ABBOTT EMPLOYEES OR EMPLOYEES OF ANY OF ITS AFFILIATED COMPANIES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.
- Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW DATA MANAGEMENT SYSTEM IS AT
YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH
YOU. Any content included in the LibreView Data Management System is for the purpose of providing information to enable the
analysis of glucose data. Although we believe the data displayed in the LibreView Data Management System to be accurate as
at the time it is transmitted to the LibreView Data Management System, we make no representation, express or implied, as to
the accuracy, completeness or timeliness of the information. Some of the foregoing disclaimers may be
ineffective in certain countries/states/provinces/jurisdictions, so may not apply to you in their entirety.
In no event will we 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 Data Management System.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES, AND ITS SUPPLIERS PROVIDE THE LIBREVIEW DATA MANAGEMENT
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 suppliers do NOT warrant that the functions contained in the
LibreView Data Management System will meet your requirements or that the operation of the LibreView Data Management System will be
uninterrupted or error free or that such errors will be corrected. The LibreView Data Management System may be incompatible
with other device or software and hardware. You should not use the LibreView Data Management System for any applications in
which failure could cause any significant damage or injury to persons or tangible or intangible property.
The LibreLinkUp App is not intended for use on a mobile device that has been altered or customized to
remove, replace, or circumvent the manufacturer’s approved kernel, system configuration or use restrictions,
or which violates the manufacturer’s warranty. Use of the LibreLinkUp App may adversely affect the operation
of other software and devices. Any content created for, or included in, the LibreLinkUp App is for the
purpose of providing information only. Some countries/states/provinces/jurisdictions do not allow exclusion
of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not
apply to you in their entirety. To the extent applicable law requires us 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
THIS END USER LICENSE AGREEMENT. SOME COUNTRIES/STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF
WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
- For Users in Germany and Switzerland: This provision applies to you instead of Section 15 above. The LibreView Data Management System is provided “as is” and “as available”. While seeking to avoid extensive downtimes and
significant impediments to the usability of the LibreView Data Management System to the extent possible, Abbott does
not warrant or guarantee error-free and uninterrupted accessibility and usability of the LibreView Data Management
System or of any of the functions contained therein. Your mandatory statutory warranty rights remain
unaffected by the foregoing.
- For Users in the UK, United Arab Emirates and Indonesia: Nothing in Section 15 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description.
- For Users in Australia: Nothing in Section 15 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:
- to cancel your service contract with us; and
- 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.
- For Users in China (excluding Hong Kong, Macau, and Taiwan): Nothing in Section 15 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description in accordance with the People’s Republic of China Consumer Protection Law.
- For Users in Vietnam: Nothing in Section 15 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description in accordance with Vietnam’s Consumer Protection Law.
- For Users in Turkey:Nothing in Section 15 shall affect any mandatory statutory remedy available to you under the Turkish Consumer Law no: 6502; including but not limited to your rights arising from defected services i.e: (i) cancellation of the contract; or (ii) request the remedy of the defected service; or (iii) reduction in the price corresponding to the defected service (if payment was made to access the Site). You are also be entitled to be compensated for any loss or damage for defected services.
- 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 ITS SUPPLIERS UNDER
ANY PROVISION OF THIS END USER LICENSE AGREEMENT 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 DATA MANAGEMENT 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 DATA MANAGEMENT SYSTEM ACCESS OR
USD$10.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABBOTT, ITS
AFFILIATES, AND ITS SUPPLIERS BE LIABLE 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 DATA MANAGEMENT
SYSTEM, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE LIBREVIEW DATA MANAGEMENT
SYSTEM, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
DEVICE DUE TO YOU DOWNLOADING ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE LIBREVIEW DATA MANAGEMENT SYSTEM, OR
OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS END USER LICENSE AGREEMENT), EVEN IF ABBOTT, ITS
AFFILIATES, OR ITS SUPPLIERS HAVE 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 AN ERROR IN THE LIBREVIEW DATA MANAGEMENT SYSTEM CAUSES COMPUTER
AND MOBILE DEVICE 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.
FOR USERS IN INDONESIA: NOTHING IN THIS AGREEMENT SHALL EXCLUDE ANY MANDATORY STATUTORY REMEDY AVAILABLE TO A USER IN THE EVENT OF A FAILURE TO COMPLY WITH A DATA PROTECTION REQUIREMENT BY ABBOTT THAT MAY GIVE RIGHT TO THE ABILITY OF AN AFFECTED PERSONAL DATA SUBJECT’S RIGHT TO CLAIM MONETARY COMPENSATION UNDER THE ELECTRONIC AND INFORMATION TECHNOLOGY LAW AND/OR ANY OTHER REGULATIONS RELATING TO PROTECTION OF PERSONAL DATA.
Some countries/states/provinces/jurisdictions prohibit or limit the exclusion or limitation of liability
or incidental or consequential damages, so the above limitations or exclusions may not apply to you
in its entirety and any such liability will be to the maximum extent required to be provided by such
applicable law.
- For Users in the UK and the United Arab Emirates: Nothing in this End User License Agreement shall exclude our liability for death or personal injury arising out of our negligence or fraudulent misrepresentation in connection with the LibreView Data Management System.
- For Users in Switzerland: Nothing in this End User License Agreement shall exclude our liability for death or personal injury arising out of our negligence or fraudulent misrepresentation or our liability for damages arising out of our gross negligence or willful misconduct in connection with the LibreView Data Management System.
- For Users in Germany: : This provision applies to you instead of Section 16 above. We will be liable for any culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are contractual obligations that must be fulfilled to permit proper execution of this End User License Agreement and may regularly be relied upon by you. Our liability will otherwise be limited to gross negligence and willful misconduct We will not be liable for the slightly negligent breach of obligations other than the slightly negligent breach of cardinal obligations on our part or slight misconduct on the part of simple vicarious agents. In such events, our liability will be limited to typically foreseeable damages. This will not affect any mandatory statutory liability, in particular our liability in connection with the loss of life, bodily injury or illness or its liability in connection with the German Product Liability Act
- For Users in Australia: Nothing in Section 16 affects your rights in respect of the
consumer guarantees in the Competition and Consumer Act 2010 (Cth). Regardless of any other provision
of this End User License Agreement, 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.
- For Users in China (excluding Hong Kong, Macau, and Taiwan): Nothing in this Agreement shall exclude any mandatory statutory liability, including our liability in connection with monetary damages, personal injury or death arising out of our intentional fault or gross negligence or product defect in connection with PRC Consumer Protection Law and other applicable law and regulations in China. (excluding the local laws and regulations in Hong Kong, Macau and Taiwan only for the purpose of this Agreement).
- For Users in Russia: Nothing in this Agreement shall exclude liability for willful misconduct.
- For Users in Vietnam: Nothing in this Agreement shall exclude any mandatory statutory liability, including our liability in connection with monetary damages, personal injury or death arising out of our fault or negligence or product defect in connection with Vietnam’s Consumer Protection Law and other applicable law and regulations in Vietnam.
- For Users in Turkey: Nothing in this Agreement shall (i) exclude our liability arising out of our willful misconduct and gross negligence or (ii) affect any mandatory statutory remedy available to you under the Turkish Consumer Law no: 6502.
- 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 attorneys’ and experts’ fees) made by a
third party due to or arising out of, or related to a violation of this Agreement or laws, regulations or
third party rights including any infringement of their copyright or Intellectual Property Rights of any
third party by you or others in your household or organization or otherwise in connection with your or their
use of the LibreView Data Management System where by negligent act, omission, or willful misconduct.
- License: We do not claim ownership of the data you transmit or submit to the LibreView Data Management System or any
LibreView information displayed to you via the LibreLinkUp App. By disclosing your personal information to
us you grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify,
adapt, publish, translate, such data for the purpose of providing you with the LibreView Data Management System. We may
create, access, retain and 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 Data Management System
for the purposes of research, to evaluate how the LibreView Data Management 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 Data Management System and the FreeStyle Libre sensors, to validate LibreView Data Management System upgrades, or for product development. You agree that the license herein permits us to take any such
actions subject to our compliance with any applicable data protection laws.
- Feedback: Any data, comments or materials that you supply via the LibreView Data Management System or provide to us 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. We 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 18. License” above. Furthermore, we 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.
- Term: This Agreement is effective upon your acceptance of the same and shall continue in effect until terminated. You may ask us to delete your LibreView Data Management System account at any time. You will first need to delete the LibreLinkUp App from your mobile device, then log into your LibreView Data Management System account via the LibreView Data Management System website and use the delete account functionality. We may disable your use of or prevent access to, the LibreLinkUp App if in our opinion you have failed to comply with any of the provisions of this Agreement. We may also terminate our provision of support or other services hereunder for the foregoing reasons, if we elect to stop offering such services or if you elect not to continue utilizing the LibreLinkUp App. If your license terminates, you must discontinue use and uninstall the LibreLinkUp App; all rights granted to you under this Agreement shall cease; and you must immediately cease all activities authorized by this Agreement.
For Users in Vietnam: The foregoing provision of this Section 20 shall not apply to users located in Vietnam to the extent prohibited by applicable Vietnam’s Consumer Protection Law.
- Applicable Law: This End User License Agreement shall be governed and construed in accordance with the laws
of the State of Illinois without regard to its choice of law provisions. In the event of any conflict
between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations
of the United States shall govern to the fullest extent possible. You agree that this End User License
Agreement shall be fully performable in the State of Illinois, and you agree that jurisdiction and venue
are proper in of the state and federal courts located in the State of Illinois, United States of America,
with respect to any proceedings arising from this End User License Agreement or the relationship between the
parties hereto. The parties hereby agree that the United Nations Convention on Contracts does not govern
this End User License Agreement for the International Sale of Goods.
For Users in the EEA, UK, India, China (excluding Hong Kong, Macau, and Taiwan) and Switzerland: Except for this provision, Section 21 of the Agreement shall not apply to users located in the EEA, UK, India, and China (excluding Hong Kong, Macau, and Taiwan) except in respect to this Agreement not being governed by the United Nations Convention on Contracts for the International Sale of Goods. For such users, the governing law of Your country/region of residence shall apply.
For Users in Vietnam: Where the minimum rights of users located in Vietnam are adversely affected by the laws of the State of Illinois, United States, the governing law of Vietnam shall apply. For avoidance of doubt, in this case, the United Nations Convention on Contracts does not govern this Agreement for the International Sale of Goods.
For Users in Australia: Nothing in Section 21 excludes or purports to exclude the application of the
Competition and Consumer Act 2010 (Cth) where relevant.
For Indonesian Users: You agree that the jurisdiction and venue are in Singapore International Arbitration Centre / an arbitration tribunal located in State of Illinois, with respect to any proceedings arising from this Agreement.
For Users in Turkey: Nothing in Section 21 excludes or purports to exclude the application of the Turkish Consumer Law no: 6502 where relevant.
If any provision of this End User License Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this End User License Agreement will remain in full force and effect.
- Entire End User License Agreement: This Agreement is the entire agreement between you and Abbott relating to
the LibreLinkUp App and it supersedes all prior or contemporaneous oral or written communications, proposals
and representations with respect to the LibreView Data Management System or any other subject matter covered by this End
User License Agreement. In the event of a conflict between the English and any non-English versions of this
End User License Agreement, the English version shall govern.
- Force Majeure: Neither Abbott, nor its affiliates or suppliers shall have any liability for any failure to
perform its obligations under this Agreement if such failure is caused by fire, flood, natural disaster,
epidemic, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, lack or failure
of suppliers or transportation facilities, failure of utilities or telecommunications, failure of third
party software, law or governmental regulation or other cause or event which is of a magnitude or a type
beyond the reasonable control of Abbott or such other party.
YOU ACKNOWLEDGE THAT YOU ARE AGED 18 OR OVER, OR SUCH OTHER AGE AS LOCAL LAW DEFINES AS AN ADULT, HAVE
READ THIS END USER LICENSE AGREEMENT, AND UNDERSTAND ALL SUCH TERMS AND CONDITIONS AND AGREE TO BE BOUND
THEREBY.
BY CLICKING THE "ACCEPT" BUTTON OR BY INSTALLING, USING, DOWNLOADING OR OTHERWISE ACCESSING THE LIBRELINKUP APP, YOU
INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS: (A) YOUR SIGNATURE TO THIS END USER LICENSE AGREEMENT IS TO
HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE; (B) IF YOU ARE INSTALLING, USING, DOWNLOADING OR
OTHERWISE ACCESSING THE LIBRELINKUP APP IN YOUR CAPACITY AS AN EMPLOYEE OR AGENT OF A BUSINESS ENTITY, YOU
WARRANT THAT YOU HAVE ACTUAL AUTHORITY TO LEGALLY BIND SUCH ENTITY TO THIS AGREEMENT; AND (C) YOU REPRESENT
AND WARRANT THAT YOU ARE OF VALID LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT AND AUTHORIZE THE
COLLECTION OF YOUR INFORMATION THROUGH THE LIBRELINKUP APP.
Please print a copy of this End User License Agreement for your records.
IF YOU DO NOT ACCEPT ALL TERMS OF THIS END USER LICENSE AGREEMENT, DO NOT CLICK THE ACCEPT BUTTON
AND DO NOT INSTALL THE LIBRELINKUP APP OR USE THE LIBREVIEW DATA MANAGEMENT SYSTEM.
DOC42187-001_rev-H_en-US