BY DOWNLOADING OR USING THE CLEO APP, YOU AGREE TO THESE TERMS AND OUR MS APP CLEO PRIVACY NOTICE AND CONSENT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE THE MS APP.
These Terms constitute an agreement between Biogen Inc. and its affiliates (collectively, “Biogen” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
Additional Terms. Certain services offered through the MS APP may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
Changes to Terms. Biogen may modify the MS APP, these Terms or other rules governing its use, at any time. Modifications will be posted within the application, so please check the Terms when you use the MS APP. By continuing to use of the MS APP after such changes are posted, you agree to accept such changes. All changes are effective when we post them and apply to your access and use of the MS APP thereafter.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
SCOPE OF USE
The MS APP is owned by Biogen and licensed to you for your personal, non-commercial use only. Biogen invites you to view, use and download the MS APP for your informational purposes only. Except as otherwise provided in these Terms, you may not copy, distribute, publish, transmit, modify, create derivative works of or otherwise exploit any part of the MS APP. You understand that Biogen may discontinue, change or restrict your use of this mobile application for any reason without notice. All rights not expressly granted herein are reserved by Biogen.
THE MS APP DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL SERVICES. The content on the MS APP is intended as an informational resource with respect to the subject matter covered. You are encouraged to confirm the information with other sources, and to review the information carefully with your healthcare provider. Continuous use of the MS APP allows you to gather information related to your multiple sclerosis disease. You are solely responsible for the analysis of the information along with your healthcare provider. The MS APP does not draw conclusions from the data, nor does it make recommendations. The information provided and data collected are not intended to replace medical consultation with or medical advice offered by a physician or healthcare professionals. If you desire or need such services or advice, you should consult a professional healthcare provider. Biogen does not engage in rendering medical or similar professional services or advice via the MS APP.
USERS AND ACCOUNTS
The MS APP is not intended for use by anyone under age 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE MS APP. By accessing, using and/or submitting information to or through the MS APP, you represent that you are at least age 18.
You may need to create and register an account to use certain services within the MS APP. In creating an account, you agree to:
- create only one account;
- provide honest, accurate, current and complete information regarding yourself;
- keep your information updated and accurate;
- keep your account password private and not share it with others; and
- notify Biogen if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the MS APP. We do not guarantee that the MS APP are accessible on any equipment or device or with any software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the MS APP or any component of them and to block or prevent future access to and use of the MS APP and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the MS APP will survive such termination.
You may use the MS APP for lawful purposes and in accordance with these Terms. You may not use the MS APP:
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- to interfere with the proper operation of the MS APP; or
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Biogen in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BIOGEN AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY MS APP IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Provision of the MS APP
You acknowledge and agree that the MS APP, or certain features of the MS APP, may change from time to time with reasonable notice to you. Any new feature that augments, enhances or modifies the current MS APP is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the MS APP or stop (permanently or temporarily) providing the MS APP (or any feature, program or content within the MS APP) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the MS APP at any time. You do not need to specifically inform us when you stop using the MS APP.
You acknowledge and agree that if we disable access to your account, in accordance with these Terms, you may be prevented from accessing the MS APP, your account details, or any files or other content which are contained in your account.
The following additional terms and conditions (“Mobile Terms”) also apply:
- You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the MS APP. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
- You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or others.
- Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Your use of the MS APP or any content is at your own risk. Except as expressly otherwise stated, Biogen does not make any warranty, express or implied, as to accuracy, reliability or availability of the MS APP. Without limiting the generality of the preceding sentence, Biogen specifically disclaims, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, with respect to all materials accessible through the MS APP. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Biogen does not guarantee that the functions contained in the MS APP will be secure, uninterrupted or error-free, that the MS APP will be free of viruses, other harmful components or delays in transmission, or that defects will be corrected even if Biogen is aware of them.
Although we make every effort that the content of the MS APP is updated periodically, Biogen makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. It is your responsibility to verify any information contained in this mobile application before relying upon it.
The MS APP is for domestic and private use. If you use the MS APP for any commercial, business or resale purpose, we will have no liability to you, for any loss of profit, loss of business, business interruption or loss of business opportunity.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both you and we knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal liability caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or for fraudulent misrepresentation.
We are not responsible for events beyond our control and will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by any act or event beyond our measurable control. We will take reasonable steps to minimize or prevent any such delay.
Copyright and Trademark
Unless otherwise noted, all materials published on the MS APP are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Biogen and/or its subsidiaries and affiliates or by other parties that have licensed their material to Biogen. All content of this MS APP is protected by U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the MS APP without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in the MS APP shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Biogen or any third party. Unauthorized use of any Biogen trademark, service mark or logo may be a violation of federal, state or foreign trademark laws.
You may not remove or alter any copyright, trademark or other proprietary right notice in the MS APP. All rights not expressly granted are reserved.
Feedback and Submissions
We do not accept unsolicited ideas. If you submit material to us through the MS APP as feedback and submissions on improvements to the MS APP, you expressly grant to Biogen a worldwide royalty-free, non-exclusive, fully transferable, assignable and sub-licensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Biogen and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You agree to waive "moral rights"in such materials.
Links provided within the MS APP will allow you to connect to other apps, websites or services that are not under Biogen's control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
LOCATION AND GOVERNING LAW
These Terms and your use of the MS APP are governed by the laws of England and you can bring legal proceedings in English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. In you live in Northern Ireland, you can bring proceedings in either Northern Irish or English courts.
These Terms do not give rise to any rights under the Contracts (Right of Third Parties) Act 1999 to enforce any provisions of these Terms.
If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Biogen but only if they do not affect your rights or our obligations under the Terms or if we have your consent.t You may not assign or transfer your rights or obligations under these Terms without the prior express written consent of Biogen.
The headings and captions contained herein are for convenience only.
If we fail to insist that you perform any of your obligations under these Terms 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.
VIOLATIONS AND ADDITIONAL POLICIES
Biogen reserves the right to seek all remedies available at law or in equity for serious breaches of these Terms of the rules and regulations set forth in the MS APP, including the right to block access from a mobile device address to the MS APP.
If you have any questions about these Terms, please contact the relevant individual listed in the Contact Us section of the MS APP.
Date of Prep Feb 2019 Biogen-03179
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