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Terms and Conditions of Use (“TOCS”) for the HemA AR Demo App

BY CLICKING ON THE “I ACCEPT” BUTTON BELOW YOU UNDERSTAND THE TOCS INCLUDING DISPUTE RESOLUTION AND AGREE TO THESE TOCS WHICH WILL LEGALLY BIND YOU.

IF YOU DO NOT AGREE TO, OR CANNOT COMPLY WITH, THESE TOCS YOU CANNOT DOWNLOAD, OR MUST STOP USING, THIS SOFTWARE.

1

WHO WE ARE AND WHAT THIS AGREEMENT DOES

1.1

We, Takeda (hereinafter: “Takeda”, “we”, “our,” or “us”) have developed mobile application software that enables you, the user, to test the HemA AR Demo -App for an agreed period of time.

1.2

If you agree to these TOCS, by clicking on the “I ACCEPT” button, you are granted a worldwide, non-exclusive, terminable licence at no charge for your personal and private use of our:

1.2.1

Hema AR Demo mobile application software (App) and any updates or supplements to it.

1.3

These TOCS set out the applicable legal conditions which you have agreed to when using the App.

2

MEDICAL ASSISTANCE

2.1

Your use of the App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Takeda and you - All content provided through the App should not be used in place of (a) the advice of your doctor or (b) a visit, call or consultation with your doctor.

2.2 If you have any questions about your medical condition you should contact your treating healthcare professional. Likewise, you should contact your treating healthcare professional if you suspect or experience adverse effects of any Takeda medicinal product.
3

ACCOUNT CREATION

4

TO USE THE SERVICES, YOU MUST PROVIDE YOUR E-MAIL ADDRESS TO GAIN ACCESS TO APP. YOUR DATA AND YOUR PRIVACY

4.1

We only use any personal data we collect through your use of the App in the ways set out in our Privacy Notice. Our Privacy Notice will also set out the ways in which we collect and use technical data from the device you use the App on.

4.2

Takeda has taken measures it believes are appropriate or are commonly accepted to ensure the security and confidentiality of any information that you provide to the App. Please be aware that website or internet transmissions are never completely private or secure and that any message or information you send using the App, may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

4.3

You, as a user of the App, are responsible for maintaining the confidentiality of your user ID and password. You are also responsible for all uses of your user ID and password whether or not authorized by you.

5

OPERATING SYSTEM REQUIREMENTS

 

This App requires an iPhone.

6

SUPPORT FOR THE APP

6.1

How we will communicate with you - If we have to contact you we will do so by email, using the contact details you have provided to us.

7

AGE RESTRICTIONS FOR DOWNLOADING THE APP

7.1

This App is not intended for users who have not reached the age of 18 majority within their country where they live without consent from their parents or guardian.

8

YOUR OBLIGATIONS WHEN DOWNLOADING THE APP

8.1

If you download onto or otherwise access the App through any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these TOCS, whether or not you own the phone or other device.

8.2

We are giving you personally the right to use the App. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

9

INTELLECTUAL PROPERTY RIGHTS

9.1

All intellectual property rights in the App shall belong to Takeda or it’s licensors absolutely and in their entirety. These rights include copyrights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.

9.2

Subject to your adherence to the TOCS, the rights in the App are licensed (not sold) to you in a limited, revocable, non-exclusive manner. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these TOCS.

10

RESTRICTIONS OF USING THE APP

10.1

Our licence for you to use the App as set out in these TOCS is on the condition that you will comply with all applicable laws in your country which govern your use of them and you will not:

10.1.1

copy, lease, sub-license, loan, provide, or otherwise make them available, in any form, in whole or in part to any person;

10.1.2

translate, merge, adapt, vary, alter or modify, the whole or any part of them nor permit them or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use them on devices as permitted in these TOCS;

10.1.3

disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of them;

10.1.4

use them in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOCS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into them or any operating system; and

10.1.5

infringe our intellectual property rights or those of any third party in relation to your use of the them (to the extent that such use is not licensed by these TOCS).

11

OUR RESPONSIBILITY FOR YOUR LOSS OR DAMAGE

11.1

We are liable to you for direct damages incurred by you to the extent arising in any way out of the grossly negligent or willful act or omission or breach of these TOCS by us or our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We are liable for slight negligence only in case of death or personal injury or in case of violation of “essential” obligations. Essential obligations are obligations which are a precondition for the fulfilment of the contract and which you can trust to be complied with. In these cases, we are liable to typical and foreseeable damage. In other cases, there is no liability for slight negligence.

11.2

We are not liable for damage that you could have avoided by following our advice to download and use an App update offered to you free of charge or, for damage that was caused by you, including you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

11.3

To the extent permitted by applicable laws, we are not liable to you under these TOCS for any special, incidental, punitive, consequential or other indirect or exemplary damages arising in any way out of or under these TOCS including, without limitation, lost profits, lost business, business interruptions or loss of business opportunity, whether in tort, contract or otherwise, even if you have been advised of the possibility of such damages.

11.4

We are not liable for any information provided by the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

12

WHEN WE MAY END YOUR RIGHTS TO USE THE APP

12.1

As this App is made available free of charge and is for informational purposes only, we make no representation that we will continue to make it available, support and/or update it indefinitely. If we decide to cease so making it available, support and/or update it, we will give you as much notice as is reasonable in the circumstances. This would end your access to the App.

12.2

We may also end your rights to use the App at any time by contacting you if you have violated these TOCS, unless your wrongdoing can be rectified within a grace period provided to you at Takeda’s sole discretion. If we end your rights to use the App:

12.2.1

You must stop using the App.

12.2.2

You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.

13

TRANSFER OF THIS AGREEMENT

13.1

We may transfer our rights and obligations under these TOCS to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2

You may only transfer your rights or your obligations under these TOCS to another person if we agree in writing.

14

FURTHER TERMS

14.1 

This TOCS does not give rise to any rights to a third party to enforce any term of these TOCS.

14.2

If any one or more provisions of these TOCS is held to be invalid, illegal or unenforceable, the provision shall be considered severed from these TOCS and shall not serve to invalidate any remaining provisions hereof.

14.3 

Even if we delay in enforcing these TOCS, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these TOCS, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15 

APPLICABLE LAW AND DISPUTES

15.1 

If you reside in a country which requires consumer contracts to be governed by local law (like Member States of the European Union), then any claims against us will be governed by your local law, excluding the choice of law provisions. In all other cases, Swiss law shall apply, excluding the choice of law provisions.

15.2 

If you reside in a country which grants consumers the right to bring disputes to the courts of their country of residence (like Members States of the European Union), you may resolve any claim in the competent court of your country of residence. In all other cases, the courts of Zurich will have competence over your claim.

16 

UPDATE AND CHANGES TO THE APP

16.1 

From time to time we may ask you to update the App to improve performance, vary functionality, reflect changes to the operating system or address security issues. However, we are under no legal obligation to update the App.

16.2 

If you choose not to install such updates you may not be able to continue using the App

17 

CHANGES TO THESE TOCS

17.1 

We may need to change these TOCS to reflect changes in law or best practice or to deal with additional features which we introduce. In such event, such modifications shall be binding on you only upon your acceptance of the modified TOCS.

17.2 

We will notify you in advance of any change by sending you email with details of the change.

17.3 

If you do not accept the notified changes you will not be permitted to continue to use the App.

17.4 

Unless material changes are made to the dispute resolution clause provided herein, you agree that modifications of these TOCS does not create a renewed opportunity to opt out of the dispute resolution clause.

 

C-ANPROM/SE/HG/0018

C-APROM/NO/ADYN/0013

C-ANPROM/DK/ADYN/0013      

C-ANPROM/FI/ADYN/0028