TECNIS® intraocular lenses are currently available for sale in select markets. This application is therefore intended only for residents of those markets in which the respective TECNIS® intraocular lens(es) are available and this application may only be used for those TECNIS® intraocular lens(es) that are approved for use in your market. Using this mobile application and clicking the “Accept” button constitutes your acknowledgement of these restrictions, and your acknowledgement that you selected your proper location of residence.
PLEASE READ THIS USE AND LICENSE AGREEMENT (“AGREEMENT”) IN FULL. THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU (“USER”) AND JOHNSON & JOHNSON SURGICAL VISION, INC. (“J&J VISION”) AND GOVERNS ALL ASPECTS OF USER’S ACCESS TO AND USE OF J&J VISION’S TORIC CALCULATOR APPLICATION (“APPLICATION”).
YOU MAY DECLINE BY CLOSING THE APPLICATION WITHOUT CHOOSING THE “ACCEPT” BUTTON ABOVE.
The Application was developed for Health Care Providers by Johnson & Johnson Surgical Vision, Inc. (“J&J Vision”) for educational and convenience purposes only, in conjunction with the labeling for the respective TECNIS® intraocular lens(es). J&J Vision does not engage in the practice of medicine, and this Application is not a substitute for appropriate medical education and training or for the exercise of independent medical judgment. J&J Vision cannot warrant the accuracy or completeness of information that this Application provides. Each medical situation should be considered unique to each patient, and all treatments individualized accordingly. J&J Vision does not endorse or recommend any particular technique beyond what is contained in the applicable product labeling, and other techniques may be appropriate in a physician’s medical judgment.
Any medical procedure has associated complications and risks, and the practice of medicine and standard of care may change over time. J&J Vision cannot warrant that this information will be error-free, and is not responsible for any deletion or inaccuracy. J&J Vision expressly disclaims all liability to any person in respect of all matters and all actions taken or not taken based on any information contained herein. Health Care Providers are advised to consult the product labeling, and any appropriate research literature before implementing any new treatments or techniques.
OWNERSHIP. The Application and the underlying technology are owned by and/or licensed to J&J Vision and/or its affiliates and is protected by United States copyright laws and international treaty provisions. User may not reverse engineer, decompile, or disassemble the Application, except to the extent the foregoing restriction is expressly prohibited by applicable law. User may not make error corrections to, or otherwise adapt or modify, or create derivative works based upon the Application. This Agreement defines the extent of User’s rights with respect to the Application.
LICENSE AND RESTRICTIONS ON USE. This Agreement gives User the right to access the Application and to use it for the limited purpose of performing calculations to help determine the recommended J&J Vision toric intraocular lens and its suggested axis placement. Such license rights are not transferable or sublicenseable, nor may the Application be reproduced or modified without the express consent of J&J Vision. User agrees to use reasonable efforts to prevent unauthorized use, distribution or publication.
User acquires no ownership right, title or interest in the Application, or in any applicable patents, trademarks, copyrights, trade secrets and other intellectual property rights which may be embodied or contained therein.
USE AND ENTRY OF PATIENT INFORMATION. Use of this Application may involve the entry of certain patient data, which may be deemed “protected health information” (“PHI”) under either (1) the Health Insurance Portability and Accountability Act of 1996 and Standards for Privacy of Individually Identifiable Health Information, 45 CFR Parts 160 & 164 (“HIPAA”) , or (2) similar privacy laws or regulations outside of the United States. J&J Vision will not receive, utilize, store or retain any data that may be entered into the Application.
NO WARRANTIES. THE CALCULATOR IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER. LICENSEE ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE CALCULATOR TO ACHIEVE LICENSEE’S INTENDED RESULTS, FOR THE USE OF THE CALCULATOR, AND FOR THE USE OF ANY RESULTS OBTAINED FROM THE CALCULATOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ALL STATES AND JURISDICTIONS WHERE SUCH DISCLAIMERS ARE PERMITTED BY LAW, J&J Vision EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE CALCULATOR, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
J&J VISION EXPRESSLY DISCLAIMS ANY WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING SYSTEM AND/OR CALCULATOR AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. BY ACCEPTING THESE TERMS, LICENSEE HEREBY ACKNOWLEDGES THAT, AT ANY GIVEN TIME, THE CALCULATOR MAY NOT BE AVAILABLE OR MAY BECOME UNAVAILABLE DUE TO ONE OR MORE OF THE FOLLOWING: PERIODIC SYSTEM MAINTENANCE, TECHNICAL FAILURE OF THE CALCULATOR, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE, INCREASED OR FLUCTUATING DEMAND, ACTS OR OMISSIONS OF THIRD PARTIES, ACTS OF GOD, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF J&J VISION.
LIMITATIONS ON LIABILITY. LICENSEE HEREBY EXPRESSLY ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM LICENSEE’S USE OF THE CALCULATOR AND THE INFORMATION CONTAINED IN OR COMPILED BY THE CALCULATOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ALL STATES AND JURISDICTIONS WHERE SUCH LIMITATIONS AND EXCLUSIONS ARE PERMITTED, IN NO EVENT WILL J&J VISION BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CALCULATOR, EVEN IF J&J VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL J&J VISION’S TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUM OF $500.00.
ADDITIONAL PROVISIONS. This Agreement cannot be modified except by J&J Vision. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any rules or principles regarding conflicts of law or the United Nations Convention on Contracts for the Sale of Goods. This Agreement may be terminated by J&J Vision at any time for a violation of its terms. Any failure by J&J Vision to immediately address or enforce any aspect of this Agreement shall not be considered a general or continuing waiver of such right of termination. J&J Vision may, in J&J Vision’s sole discretion, discontinue the Application and the availability of the Application to User and to others at any time.
Unless otherwise specified, all product names appearing in this Internet site are trademarks owned by or licensed to J&J Vision, its subsidiaries or affiliates. No use of any J&J Vision trademark, trade name, or trade dress in this site may be made without the prior written authorization of J&J Vision, except to identify the product or services of the company.
INFORMATION OR COMPLAINTS. If you have a question or complaint regarding this Application, please send an e-mail to [email protected] You may also contact us by using the “Contact Us” link provided on the site. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
TERMS REQUIRED BY APPLE. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the application compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the application. Apple is not providing any warranty for the application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the application, including any third-party product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the application, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the application, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
©2020 Johnson & Johnson Surgical Vision, Inc.