Application Terms of Use
- This Application is made available to you by Novartis [Pharmaceutical Corporation]
(“Novartis”) free of charge for use on your smartphone, or other mobile device (each,
a, “Device”). However, you may be charged standard rates or fees by wireless or
telephone carriers or other parties that are not connected to Novartis for the download
and use of the Application. By downloading and using this Application, you are agreeing
to these Application Terms of Use.
- You may use this Application, including any material, products or programs included
in the Application (“Content”), and download, display, print and/or otherwise use
the Content, solely for your own non-commercial use, and provided that you comply
with these Terms of Use and reproduce all copyright or other proprietary rights
notices applicable to any Content that you download, display, print or otherwise
use (such activities, “Use”). This is the only license or right that you receive
with respect to the Application and Content.
- BOTH THE APPLICATION AND THE CONTENT ARE PROVIDED "AS IS." NOVARTIS EXPRESSLY DISCLAIMS
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
AND NON-INFRINGEMENT. NOVARTIS FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING
THE RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AVAILABILITY AND/OR PERFORMANCE
OF THE APPLICATION OR CONTENT, OR THAT THE APPLICATION WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR WILL BE COMPATIBLE WITH YOUR DEVICE OR ITS THE OPERATING
SYSTEM. NOVARTIS DOES NOT WARRANT THE SECURITY OR CONFIDENTIALITY OF ANY DATA STORED
ON OR TRANSMITTED FROM THE DEVICE. Some states do not allow the exclusion of implied
warranties, and therefore the above exclusions may not apply to you. You may also
have other rights that vary from state to state and jurisdiction to jurisdiction.
- Novartis may update, modify, interrupt or discontinue any or all of the functionality
of the Application or the Content and make changes, corrections and/or improvements
to the Application or the Content, at any time without notice to you. Novartis is
not responsible for any costs, loss or damage that you incur as the result of any
modification, interruption or discontinuance of any or all functionality of the
Application or the Content.
- When you Use the Application and the Content, you are solely responsible for:
- ensuring that you are using the latest available version of the Application.
- ensuring that all operating systems and security software for the Device are the
most up to date versions available.
- any damage to your Device, and any loss or corruption of information that you store
in the Device that results from the Use of the Application or Content or the interaction
of this Application or Content with other applications or programs that you may
download or use.
- maintaining the security and confidentiality of any personal identification numbers,
account information, passwords and the like related to your use of the Application
or Content.
- maintaining the physical security of your Device.
- maintaining the security and confidentiality of Personal Information that you store
on your Device. “Personal Information” is information that alone or in combination
with other information, identifies you or can be used to identify you or your personal
characteristics, such as your name, contact information or information about your
health that is collected and/or transmitted by the Application.
Novartis is not responsible for any costs, loss or damage that you incur as the
result of your failure to meet any of these responsibilities.
- When you Use the Application and the Content, you may not:
- modify, edit, improve, resell, reverse engineer, change or otherwise interfere with
the operation of the Application in any way.
- engage in systematic copying and widespread distribution of Content to the public.
- violate these Terms of Use.
- Except as provided in the Privacy Statement, any information or material that you
transmit to Novartis from or about the Application by electronic data transmission
or otherwise, including any data, questions, comments, suggestions or the like is,
and will be treated as, non-confidential and nonproprietary to you. Any information,
with the exception of Personal Information, that you transmit becomes the property
of Novartis or its affiliates and may be used for any purpose, including reproduction,
disclosure, transmission, publication, broadcast and posting. Novartis is free to
use any ideas, concepts, know-how, or techniques contained in any communication
you send to Novartis from or about the Application for any purpose whatsoever including
developing, manufacturing and marketing products.
- You hereby release and agree to hold harmless Novartis and its affiliates, and each
of their officers, directors, shareholders, employees and representatives, from
any and all claims, costs, losses, liabilities and damages of any sort, whether
direct, indirect, special, consequential or otherwise, whether arising in tort (including
active, passive or imputed negligence), contract, warranty, strict liability, reliance
or under any other theory, and whether or not Novartis has been advised of the possibility
of such damages, in each case arising out of or related to your Use of the Application
and/or or the Content and from any use that Novartis makes of information that you
transmit to Novartis from or about the Application.
- Because Novartis has no control over and does not endorse the content of any websites
or applications to which the Content may linked, you agree that your access to such
other websites or applications is at your own risk.
- Product information in the Content is provided by Novartis for general information
purposes only and does not provide complete medical information. You should always
obtain complete medical information from your own medical doctor or other health
care provider. Should you have a medical condition, promptly see your own medical
doctor or health care provider. This Application does not offer personalized medical
diagnosis or patient-specific treatment advice.
- Your Use and these Terms of Use shall be governed, construed and interpreted in
accordance with the laws of the State of New Jersey without regard to its conflicts
of laws provisions. All disputes arising from or relating to your Use or these Terms
of Use shall be brought in a court of competent jurisdiction in Morris County, New
Jersey, and the parties expressly consent to the jurisdiction of said court for
any and all purposes related to your Use or these Terms of Use.
- If any part or provision of these Terms of Use is found to be invalid, such invalidity
shall not affect the enforceability or any other part or provision of these Terms
of Use.
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