This mobile application has been developed and is operated by Bayer HealthCare LLC, based in the United States ("Bayer", "we", "us" or "our").

The End User License Agreement ("EULA" or "License") is a legal agreement between you, the "User", and Bayer. Use of this App is subject to the following EULA, (together with the documents referred to in it), which includes accessing, browsing, or registering to use this App.

Please do not use this App unless you agree to this EULA. By using this App, you confirm that you accept and agree to this EULA and to the Privacy policy. The Privacy Policy is incorporated by reference and sets out the terms on which we process personal information collected from you or that you provide to us. By using this App, you consent to such processing and you warrant that all data provided by you is accurate.

BY CLICKING ACCEPT OR BY INSTALLING AND USING THE APP, YOU (I) INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS AN ELECTRONIC SIGNATURE TO THIS LICENSE WITH THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE, AND (II) REPRESENT AND WARRANT THAT YOU ARE EITHER OVER 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY SUCH THAT YOU HAVE CAPACITY TO AGREE THIS LICENSE.

This App can be used with iOS (Apple) and Android (Google) smartphones but may not be compatible with all operating system versions. Please check compatibility with your operating system before download.

1. License. The application software and related help documentation provided by Bayer may be downloaded and installed on one or more mobile devices for use in connection with a range of Bayer Contour® blood glucose meters (each a "Meter"), including any tools, help documentation and updates (collectively, "App"). The App is licensed, not sold, by Bayer for use only under the terms of this License, and Bayer reserves all rights not expressly granted to you. Bayer retains ownership of all rights, title and interest in and to the App.

2. Permitted Uses and Restrictions. Bayer grants you the non-exclusive right to use one copy of the Bayer App and all related help documentation per a single mobile device. You may use the App with more than one Meter where you have a user account. You shall not distribute, rent lease or otherwise transfer all or any part of the App or help documentation] to any third party without Bayer's prior written consent. You shall not sublicense, distribute, post, assign or otherwise transfer or make available all or any part of the rights granted to you by Bayer under this Agreement without Bayer's prior written consent. If the App is an update, any transfer must include the update and all prior versions. You shall not modify, adapt or translate the App or accompanying help documentation. You shall not alter or remove copyright and other proprietary notices that appear on or in the App or accompanying help documentation. You shall not, and shall not permit or have a third party, reverse engineer, decompile, disassemble, or translate the App.

3. Term of License. If you fail to comply with any term of this EULA, the license will be terminated with immediate effect, and you agree that it will constitute immediate, irreparable harm to Bayer and its licensors for which monetary damages would be an inadequate remedy and that Bayer will be entitled to equitable relief. Otherwise, the license will continue until the date when you cease to use the App, unless, earlier terminated. Upon termination of this Agreement, you shall, at your own responsibility and expense, delete or destroy immediately all App.

4. Enhancements and Updates. From time to time, at its sole discretion, Bayer may provide enhancements, updates or new versions of the App on its then standard terms and conditions thereof. This EULA shall apply to such enhancements and updates.

5. Access to this App. We do not guarantee that this App, or any content on it, will always be available or be uninterrupted and access to this App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this App without notice. We will not be liable to you if for any reason this App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to this App and acknowledge that there are risks inherent in software, hardware and internet connectivity that may result in interruptions or errors in and to the data transmitted or displayed using the App, regardless of measures taken to mitigate or avoid such occurrences.

You are also responsible for ensuring that all persons who access this App through your internet connection are aware of this EULA and other applicable terms, and that they comply with them.

6. Registration. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Once registered you agree that the data you transmit using the App is specific to you. If another person wish to use the App, that person should download the App directly to his or her device and separately and individually agree to the EULA.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Conditions of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [Insert contact details].

7. Intellectual Property Rights. All details, documents, illustrations and content published on this App are the sole property of Bayer. You must not use any of the App's content for commercial purposes without obtaining a licence to do so from us or our licensors. Any permission to use the same is granted on the proviso that the relevant copyright note and proprietary marks are displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the App are only used in conjunction with the accompanying text.

Bayer is the licensor or the licensee of all intellectual property rights in this App, and in the material published on it, unless otherwise noted or in any other way perceivable as third party rights. Those works are protected by intellectual property laws and treaties around the world and any unauthorized use of these works is expressly prohibited. All such rights are reserved.

8. No Reliance on Information. Bayer has compiled the detailed information provided on this App from internal and external sources to the best of its knowledge and belief, using professional diligence. We make reasonable efforts to expand and update this range of information on an on-going basis. The information on this App is purely for the purpose of presenting Bayer, its products and services and for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from any action on the basis of the content on this App.

Bayer makes no representation, warranties or guarantees (express or implied) that the content on this App is accurate, complete or up to date. We therefore recommend that you check any information you obtain from this App prior to using it in whatever form. Information given on this App does not exempt you from conducting your own checks - particularly of our safety datasheets and technical specifications - and on our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly. Users of this App declare that they agree to access the App and its content at their own risk.

9. Privacy and Security. The Privacy Policy, available at [link], applies to use of the App including all data you transmit to and information displayed on the App. By using the App you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send or display using the App may be read or intercepted by others, even if a particular transmission is encrypted. By using the App, you consent to us collecting and using technical information about your devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and services and to enable us to provide with you the functionality available on the App.

10. No Medical Advice. THE APP IS FOR INFORMATIONAL PURPOSES ONLY. THE APP IS NO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR EMERGENCY INTERVENTION OR TRANSMISSION OF TIME-CRITICAL DATA. USERS SHOULD ALWAYS SEEK THE ADVICE OF THEIR HEALTHCARE PROVIDERS FOR ANY QUESTIONS REGARDING THEIR MEDICAL CONDITION. YOU AGREE THAT THE APP SHOULD NOT BE USED TO MAKE MEDICAL DECISIONS. USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION PROVIDED VIA THE APP. It is possible that a user's glucose levels will go up or down to levels that are very high or very low. It is also possible that individuals may experience other diabetes-related changes in their medical condition. Users should follow their healthcare provider's advice in relation to those of their blood glucose readings that are too high or low and for any other diabetes-related changes in their medical condition. The App is designed to help users better manage their diabetic condition. Users are responsible for communicating their levels and other diabetes-related information and for seeking appropriate medical advice. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE APP AND FOR ALL DECISIONS TO TAKE OR NOT TAKE ACTION BASED ON ANY INFORMATION PROVIDED OR DISPLAYED VIA THE APP. USE OF THE APP IS SOLELY AT YOUR OWN RISK. NEITHER Bayer, NOR ANY OF ITS AFFILIATED COMPANIES OR LICENSORS, 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 INFORMATION PROVIDED VIA OR DISPLAYED ON THE APP OR OTHER CONTENT OF THE APP AND DOCUMENTATION.

11. Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THE APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Bayer, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Bayer DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE APP OR THAT FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Bayer ], ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THE APP AND NOT TO THE METER. THE METER IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY PROVIDED WITH THE METER.

12. Limited Liability: Nothing in this EULA excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. Unless otherwise prohibited by applicable law, in no event shall Bayer, its affiliates, suppliers, licensees or representatives, be liable for any damages whatsoever for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, this App; or
• use of or reliance on any content displayed on this App.

This App is provided for domestic and private use only. You agree not to use this App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, business opportunity, or business information nor shall Bayer its affiliates, suppliers, licensees or representatives, be liable for any incidental, exemplary, consequential, punitive, special or indirect damages of any kind whatsoever.

Bayer its affiliates, suppliers, licensees or representatives, will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile device, tablet or other computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any content on it, or on any website linked to it nor for any act or event beyond our reasonable control, including failure of telecommunications networks.

NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR, THE ENTIRE LIABILITY OF BAYER, ITS AFFILIATES, SUCCESSORS, LICENSEES, SUPPLIERS OR REPRESENTATIVES UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDIES SHALL BE LIMITED TO THE FIXING, REPAIRING OR OTHERWISE RECTIFYING ANY APP FAULTS, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES. NOTHING IN THIS CLAUSE IS MEANT TO EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED OR THAT IS AVAILABLE TO A USER BY UNDER THAT USER'S NATIONAL LAW.

13. Site with login: access rights. Please note that you are obliged to protect your access rights from unauthorized third-party use and that you must ensure that they cannot be used by others without your authorization. You must notify Bayer immediately if you learn that security has been violated in respect of any details available on the App or if unauthorized persons have obtained your access rights or if you have found indications that such access might become possible.

14. Websites of third-party links. Bayer assumes no responsibility for the content of websites linked in this App. Such links should not be interpreted as endorsement by us of those linked websites and Bayer will not be liable for any loss or damage that may arise from your use of them.

15. Details supplied by yourself. You are responsible for the content and correctness of details you provide to Bayer as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for Bayer to store such details and to use the same for the purpose of statistical analysis or for any other specified business purpose, unless the information involves personal details, going beyond master data or usage data. In particular, Bayer is entitled to use the contents of such messages, including ideas, inventions, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations.

16. International users. Please be aware that the App may not be available to users in certain countries due to regulatory restrictions. If you attempt to download the App and you are resident in a country where this app is not approved for use, the app will not download. Products mentioned on this App may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country. Bayer makes no representation, warranties or guarantees (express or implied) that the products or services will be available with the same appearance, in the same sizes or on the same conditions in different regions or countries and the such products or services may be subject to different regulatory requirements. Should you attempt or download or use this App in a country or region where it has not been approved for use, you do so at your own risk and Bayer will not accept any liability for such use.

17. Indemnity. You agree to indemnify, defend and hold harmless Bayer, its affiliates and their respective officers, directors, employees and agents from and against any and all claims, liabilities, losses, costs and expenses (including attorneys' and experts' fees) incurred by any of them in connection with any breach of this License by you or others in your household or organisation or otherwise in connection with your or their use of the APP.

18. Trademarks. "Bayer", "Ascensia", "Contour" and any other trademarks used in connection with the APP, are trademarks of Bayer. You agree not to display or use in any manner such trademarks without Bayer's prior written permission.

19. Changes to this EULA. We may revise this EULA at any time, so please check this page from time to time to take notice of any changes we made, as they are binding on you. We may update this App from time to time, and may change the content at any time. However, please note that any of the content on this App may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that this App, or any content on it, will be free from errors or omissions.

20. General. This License constitutes the entire agreement between you and Bayer with respect to the App and supersedes any and all prior proposals, negotiations, conversations, discussions and agreements between you and Bayer regarding the App. Nothing contained in this License shall be construed as creating a doctor-patient, partnership, agency or employment relationship between you and Bayer. Upon termination of this License for any reason, Sections 11, 12, and 21 shall survive in full force and effect. The waiver of or failure to exercise in any respect any rights provided for in this License shall not be deemed a waiver of any further right under this License. If any provision of this License shall be finally determined to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This EULA is personal to the User and may not be transferred, assigned, sub-licensed or novated for any reason. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. We ma transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

21. Taxes and Duties. You shall be responsible for the payment of all taxes, duties or levies that may now or hereafter be imposed by any authority upon this Agreement for the supply, use or maintenance of the App and/or any use of the App, including in relation to taxes, duties or levies in relation to internet connectivity and use, and if any of the foregoing taxes, duties or levies are paid at any time by Bayer, you shall reimburse Bayer in full upon demand.

22. Assignment. Bayer may assign, transfer, novate or subcontract any or all of its rights or delegate any or all of its obligations under this EULA without any prior written consent if such assignment and/or delegation is to an affiliate within the Bayer group of companies or to any successor of Bayer Healthcare LLC by purchase of all or substantially all of its assets.