OMRON CONNECT END-USER LICENSE AGREEMENT
LAST UPDATED: 23/01/23
This OMRON CONNECT END-USER LICENSE AGREEMENT (EULA) is a legal agreement between you (End-user or you) and Omron Healthcare India Private Limited, having its registered address at 6th Floor, B-Block, Sewa Tower, Plot No. 19, Sector-18, Udyog Vihar, Gurugram (Haryana) 122008, India (Licensor, us or we) for the use of the OMRON connect Application Software (App, as defined below) and OMRON connect Cloud Service (Service, as defined below).
We license use of the App and/or the Service to you on the basis of this EULA and subject to any rules or policies applied by any app store provider, such as but not limited to the Apple App Store or the Google Play Store (Third Party Rules). We do not sell the App and/or the Service to you and remain the owners of the App and/or the Service at all times.
It is important that you read and understand this EULA before clicking “I Agree” button. By clicking the "I Agree" button below YOU AGREE to the terms of this EULA which will legally bind you. The terms of this EULA include, in particular, a disclaimer clarifying that the App and/or the Service do not provide medical advice (section 2.4) and limitations of liability (section 8). In addition, by clicking the “I Agree” button below and/or by using our App and/or the Service, you represent and warrant that you have the requisite capacity and competence to enter into and perform your obligations and the terms of/under this EULA. However, if you are a minor according to applicable law in your country, you must not register yourself on and use the App and the Service.
If you do NOT AGREE to the terms of this EULA, we will not license use of the App and/or the Service to you and you should stop the process to start using it now by clicking on the "Do not agree" button below. In this case the process will terminate.
FURTHER CONTENTS OF THIS EULA:
- YOUR PRIVACY
- GRANT AND SCOPE OF LICENSE
- LICENSE RESTRICTIONS
- ACCEPTABLE USE RESTRICTIONS
- INTELLECTUAL PROPERTY RIGHTS
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- COMMUNICATION BETWEEN US
- EVENTS OUTSIDE OUR CONTROL
- OTHER IMPORTANT TERMS
- ADDITIONAL TERMS TO USE THE SERVICE
- “App” means OMRON connect Application Software and any updates or supplements to it, an application provided by us or a member of our company group.
- “Device” means your smart phone, tablet device and other handheld device.
- “Service” means the OMRON connect Cloud Service, which allows users, by using the App, to store part of Customer Information (as defined in OMRON CONNECT PRIVACY STATEMENT) located in a Device (other than passwords) in servers managed by us or our service provider and to remotely access such Customer Information from the user’s Device.
- “Server-Stored Data” means such part of the Customer Information (as defined in OMRON CONNECT PRIVACY STATEMENT) related to the Service as stored in servers managed by us or our service provider.
- This EULA applies to use of the App and/or the Service, including any updates or supplements thereto, unless such updates or supplements come with separate terms, in which case those terms apply.
- We may change the terms of this EULA at any time by notifying you of a change when you next start or use the App and/or the Service. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and/or the Service.
- From time to time updates to the App and/or the Service may be issued through the app store provider. Depending on the update, you may not be able to use the App and/or the Service until you have downloaded or streamed the latest version of the App and/or the Service and accepted any new terms. However, even if the App and/or the Service is outdated, we are under no obligation to update the App and/or the Service.
- YOU UNDERSTAND THAT THE APP AND/OR THE SERVICE ARE PROVIDED ‘AS IS’ AND THAT IT IS NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE APP AND/OR THE SERVICE ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL CARE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL CONDITION, OR FOR SPECIFIC GUIDANCE REGARDING NUTRITION OR PHYSICAL ACTIVITY.
- The App and/or the Service may contain links to or provide a connectivity functionality with other independent third-party websites or mobile device applications (Third-party Sites). These Third-party Sites are not under our control, and we are not responsible for and do not endorse their content, their data privacy governance and/or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- You are responsible for preparing your own Device, executing the download and installation of the App, creating your account for the Service and preparing any ancillary equipment and circumstances for the use (such as an internet connection) at your own costs.
- We only use any personal data we collect through your use of the App and/or the Service in the ways set out in the OMRON CONNECT PRIVACY STATEMENT (https://www.omronconnect.com/privacy/).
- If you do NOT AGREE to the terms of the OMRON CONNECT PRIVACY STATEMENT, we will not license the App and/or the Service to you and you should stop the process to start using it now by clicking on the "Do not agree" button below. In this case the process will terminate.
GRANT AND SCOPE OF LICENSE
- In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive license to use the App and/or the Service on your Device, subject to these terms and the Third Party Rules, incorporated into this EULA by reference. To the extent of any inconsistency between the terms of this EULA and the Third Party Rules, the terms of this EULA shall prevail. We reserve all other rights.
- You may download a copy of the App onto your Device and to view, use and display the App and/or the Service on your Device for your personal purposes only. We only supply the App and/or the Service for domestic and private use. You agree not to use the App and/or the Service for any commercial, business or reselling purposes.
Except as expressly set out in this EULA or as permitted by any applicable local law, you agree:
- not to copy the App and/or the Service except where such copying is incidental to normal use of the App and/or the Service, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App and/or the Service;
- not to make alterations to, or modifications of the whole or any part of the App and/or the Service, or permit the App and/or the Service or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App and/or the Service or attempt to do any such thing.
- to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App and/or the Service.
ACCEPTABLE USE RESTRICTIONS
- not use the App and/or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App and/or the Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App and/or the Service (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App and/or the Service;
- not use the App and/or the Service in a way that could interfere with other users or damage, disable, overburden, impair or compromise our systems or security or those of any third party in relation to the App and/or the Service; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.
- not use the ECG function of the App, in languages other than English or outside of the "Region of residence" which you selected when you installed the App, as the ECG function is certified as Medical Device Program in certain countries, which legally regulates place (country) of its use.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in the App and/or the Service anywhere in the world belong to us or our licensors, that rights in the App and/or the Service are licensed (not sold) to you, and that you have no rights in, or to, the App and/or the Service other than the right to use the App and/or Service in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App and/or the Service in source-code form.
- You will not challenge the validity of any of our intellectual property rights licensed pursuant to this EULA or oppose any application for the registration of such intellectual property rights.
- If you suggest any new features or functionality that we, in our sole discretion, adopt into the App and/or the Service, such new features or functionality will be the sole and exclusive property of the Licensor, and any and all claims as to the same are hereby waived and released.
LIMITATION OF LIABILITY AND INDEMNIFICATION
- You acknowledge that the App and/or the Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and the Service meet your requirements. You agree that you use the App and the Service at your own risk.
- Use of and access to the App and/or the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the App and/or the Service without notice. From time to time, we may restrict access to some parts of the App and/or the Service or to the entire App and/or the Service, or to users who have registered with us. We will not be liable if for any reason the App and/or the Service are unavailable at any time or for any period.
- TO THE EXTENT PERMITTED BY LAW, THE APP AND/OR THE SERVICE ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, PERFORMANCE OR UNINTERRUPTED SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE APP AND/OR THE SERVICE, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP AND/OR THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
- ALL GUARANTEES, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED;
- ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE APP AND/OR THE SERVICE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE APP AND/OR THE SERVICE AND ANY MATERIALS POSTED ON IT, INCLUDING BUT NOT LIMITED TO:
- LOSS OF INCOME OR REVENUE;
- LOSS OF DATA;
- INJURY OR DEATH;
- DETERIORAION OF YOUR HEALTH CONDITION;
- LOSS OF OPPORTUNITY FOR MEDICAL TREATMENT OR DIAGNOCIS
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- In the event that this EULA involves a supply of goods or services to a consumer as defined in consumer protection law or regulation in your country (Consumer Protection Law), if applicable, nothing contained in this EULA purports to exclude, restrict or modify any condition, guarantee, warranty or other obligation which is applicable to or is conferred on the Licensor pursuant to the Consumer Protection Law, where to exclude, restrict or modify any such condition, warranty or other obligation is unlawful.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATED COMPANIES, AND THEIR DIRECTORS, OFFICERS, AND EMPLOYEES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR BREACH OF THIS EULA OR YOUR USE OF THE APP AND/OR THE SERVICE.
- The App and/or the Service is designed for Device. For a list of compatible Device visit: http://www.omronconnect.com/devices. We will have no liability for errors, unreliable operation, or other issues resulting from use of the App and/or the Service on or in connection with rooted or jail broken Device or use on any Device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Device”). Use of the App and/or the Service on and through Modified Device will be at your sole and exclusive risk and liability.
- We may terminate the license herein and this EULA immediately and without incurring any liability by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
- if you breach any of the License Restrictions (section 5) or the Acceptable Use Restrictions (section 6); or
- if we decide in our sole discretion to no longer support the App and/or the Service and discontinue the App and/or the Service indefinitely.
- On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of the App;
- you must immediately delete or remove the App from all Device, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
- and, thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA, such as, but not limited to, sections 2, 3, 7, 8, 12 and this section.
- If we end your rights to use the App and/or the Service:
- you must stop all activities authorised by these terms, including your use of the App and/or the Service.
- you must delete or remove the App from all Device in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
COMMUNICATION BETWEEN US
If you have any concerns about the App and/or the Service, or if you have any questions, comments or requests regarding this EULA, or if any condition in this EULA requires you to give us notice in writing, then please contact us by e-mail at: healthcare-IN@omron.com or by regular mail to: Omron Healthcare India Private Limited, at 6th Floor, B-Block, Sewa Tower, Plot No. 19, Sector-18, Udyog Vihar, Gurugram (Haryana) 122008, India. We will confirm receipt of this by contacting you in writing, normally by e-mail. You acknowledge and consent that your questions or comments including your personal information provided by you may be disclosed to our affiliated companies, including our ultimate holding company and its subsidiaries for the purpose of responding to the questions or comment or storing such information in our servers in Japan or other countries.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for a period equal to the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or your obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- This EULA, its subject matter and its formation, are governed by the laws of India.
- Without prejudice to any right of the parties hereto to apply to any competent court for injunctive relief, any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Gurgaon in accordance with the Arbitration and Conciliation Act, 1996. The tribunal shall consist of one arbitrator to be mutually appointed by the parties. The language of the arbitration shall be English and the award shall be final and binding on both parties.
- Nothing stated in the above clause 12.6 shall preclude Licensor from seeking interim equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the parties to pursue any remedy for losses through the arbitration under this Clause.
- This EULA is the complete and exclusive statement of agreement between the licensor and you concerning the subject matter hereof which supersedes any prior agreements, oral or written, or any other communications relating to the subject matter of this EULA. No amendment of this EULA shall be effective unless it is in writing and signed by the licensor.
ADDITIONAL TERMS TO USE THE SERVICE
- In some countries, not all, we provide the Service as additional function to the App. In case you live in one of the countries we provide the Service and choose to use it, you can use the Service on the condition that you abide by the terms set forth in the following ANNEX (Terms for Service), in addition to this EULA. Please read carefully and agree to the following these Terms for Service if you use the Service.
CREATING YOUR ACCOUNT
- To use the Service, you need to first create your own account for the Service according to our instructions. Only one account may be held per person. An account may not be shared or used by more than one person.
- If we determine in our discretion that you have breached, or are likely to breach these Terms for Service or EULA, we may suspend your use of the Service or delete your account without prior notice to you.
- We may, without prior notice to you, delete your account if it has not been accessed for more than one year.
- Your right to use the Service (including the right to view Server-Stored Data) will terminate upon the deletion of your account for any reason. If your account is deleted (including if you delete your own account by mistake), we will be unable to restore the deleted account or the information. Even if you cancel your account, you can keep using the App subject to the EULA. Your rights under these Terms for Service (including the right to use your account) may not be assigned, transferred, leased to, or inherited by, any third party. Any actual or suspected breach of this clause may result in suspension of your use of the Service or the deletion of your account without prior notice to you.
RESPONSIBILITY TO MANAGE YOUR ACCOUNT AND PASSWORD
- You must not share your account password with any other person. You will be solely responsible for the use and management of your account and password.
- We will not be responsible for any loss or damage incurred arising out of the unauthorised use of your account due to your breach of these Terms for Service or EULA.
- If you become aware that your account or password has been stolen or otherwise used by a third party without your authorisation, you must immediately notify us and follow any instructions given by us in connection with your account.
- If you have forgotten your password, you should follow our instructions to recover or reset your password.
DELETION OF SERVER-STORED DATA
- We may delete all or part of the Server-Stored Data in any of the following events:
- if you breach any provision of these Terms for Service or EULA;
- if the Service is discontinued in accordance with clause 4 below; or
- if you have not accessed the Service for one year;
- It is your responsibility to regularly backup the Server-Stored Data to avoid the loss of such data.
SUSPENSION AND DISCONTINUATION OF SERVICE
- We may suspend or discontinue all or part of the Service if we deem that any of the following events has occurred:
- if we become unable to provide the Service due to any failure of telecommunication equipment, any act of God, incident or other emergency or any other force majeure event;
- if it is necessary to conduct maintenance or construction work or other analogous event with respect to the servers or to any other Device or equipment in connection with the provision of the Service;
- if any malfunction or failure occurs in any server or in any other Device or equipment used in the provision of the Service; or
- if it is necessary to suspend the provision of all or part of the Service for operational, security or technical reasons.
EXCLUSION OF LIABILITY
- To the maximum extent permitted by law, we exclude all liability for any loss or damage that may arise as a result of or in connection with:
- the suspension or discontinuation of the Service by us in accordance with these Terms for Service;
- any inability to access or use all or part of the Server-Stored Data due to the communication condition of your Device, due to any bugs contained in the App and/or the Service, or due to any other cause;
- the loss of Customer Information that may arise in connection with your use of the Service. We may reproduce Server-Stored Data at our own judgment to the extent necessary and possible for the maintenance or, improvement of the Service;
- deletion of all or part of the Server-Stored Data in accordance with these Terms for Service; or
- malfunction or any other problems associated with your Device, or the use of any other third party services not operated by us.
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