Abbott Diabetes Care End User Agreement

Welcome to the CoPilot® Health Management System ("System"). This is a binding legal agreement between you, the user, and Abbott Diabetes Care, Inc. ("ADC") regarding your use of the System and the ADC services described in Section 2. Please review this End User Agreement ("Agreement") carefully. If you agree to adhere to all of the terms and conditions stated in this Agreement, you should indicate your agreement by checking the "I AGREE" button at the end of this document.

IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON AND DO NOT ENROLL AS AN END USER AS YOU MAY NOT USE ANY OF THE SERVICES (AS DEFINED BELOW).

1. General. Through the System, ADC allows users to, among other things: (a) upload glucose information from FreeStyle®, FreeStyle Flash®, and Precision Xtra® blood glucose meters or the FreeStyle Tracker® Diabetes Management System and glucose and insulin information from the CoZmanager® PC Communications System used in conjunction with the CoZmonitor® System, (b) share data with health care provider users you choose to identify ("Selected Users"), (c) analyze blood glucose data and (d) access information about diabetes (all services offered through the System collectively referred to as the "Services"). Most of these Services are available only to individuals who have registered with Abbott Diabetes Care as End Users ("End Users") using the CoPilot Health Management System Registration Form ("Registration Form").

2. Registration. You may become an End User only if you are 13 years old or older and only after you complete the Registration Form and agree to adhere to the terms and conditions of this Agreement. ADC reserves the right to reject any individual's Registration Form, and to deny that individual use of the System and the Services. ADC may send you important information and materials via telephone, email, or mail using the information provided in the Registration Form. ADC may send important information and materials to the Selected User(s) you identify. You agree to (a) provide true, complete and accurate information when completing the Registration Form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, complete and accurate. You may send ADC any changes in your Registration Data, including any changes in the names and/or addresses of your Selected User(s), either by mail or by email at http://www.AbbottDiabetesCare.com, and select the Contact Us option. If you provide any information that is untrue, inaccurate, not current or incomplete, or ADC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ADC has the right to suspend or terminate your use of the System and Services.

3. Abbott Diabetes Care Privacy Policy. Please go to http://www.abbott.com/privacy_policy.cfm to review the Abbott Diabetes Care Privacy Policy ("Privacy Policy"). ADC reserves the right, in its discretion, to change or modify all or any part of the Privacy Policy from time to time for any reason or no reason. If ADC changes or modifies the Privacy Policy, the changes will be effective upon posting in the System. If you do not agree to the modified Privacy Policy, you should immediately stop accessing the System and stop using the Services. Your failure to terminate your System use and/or continued use of the Services will indicate your agreement regarding any modified terms and conditions. You agree that ADC may use any information you provide to ADC in a manner consistent with the terms and conditions of the Privacy Policy as in effect at the time you provide the information.

4. End User Account Information and End User Conduct. You will establish an account i.d. and a password ("Credentials"). You are responsible for maintaining the confidentiality your Credentials and are fully responsible for all activities that occur under your Credentials. You agree to immediately notify ADC of any unauthorized use of your Credentials or account or any other breach of security. ADC cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You alone are responsible for the content of the messages or information communicated to ADC or other users via the System under your Credentials. You agree that you will not use the System: (i) for chain letters, junk mail or "spamming," (ii) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, (iii) to circumvent any security system, (iv) to obtain unauthorized access to any data or system, (v) to engage in threatening, defamatory, obscene, offensive or illegal activities, or (vi) to engage in activities which might give rise to any civil or criminal liability. You agree that any messages or information you communicate via the System shall not be false, inaccurate or misleading, shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, and shall not violate any law, statute, ordinance or regulation. Further, you agree that any messages or information you communicate via the System will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and shall not create liability for ADC or cause ADC to lose (in whole or in part) the services of ADC Internet Service Providers or other suppliers. You also agree that you will not take any action that will detrimentally impact the Service.

5. Termination. You may terminate your use of the System at any time for any reason or no reason by ceasing to access the System and ceasing to use the Services. ADC reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the System or the Services at any time, for any reason or no reason, without prior notice or liability. ADC may change, suspend or discontinue all or any aspect of the System or the Services at any time, including the availability of any feature, database, or materials without prior notice or liability. Upon termination of your use of the System, it is possible that ADC may no longer maintain, or make available to you, any information that you provided to ADC. Therefore, you should keep a back-up record of all information you provide to and receive from ADC.

6. Modification. ADC reserves the right, in its sole discretion, to change or modify all or any part of this Agreement from time to time for any reason or no reason. If ADC does, the changes will be effective upon posting in the System. If you do not agree to the modified Agreement, you should immediately stop accessing the System and immediately stop using the Services. Your failure to terminate your System use and/or continued use of the Services will indicate your agreement to be bound by any modified terms and conditions.

7. Rewards. From time to time, ADC may provide gifts or prizes as rewards for End Users' continued use of System or the Services. Any such gifts or prizes are provided "As Is," with no warranties of any kind, either express, implied, statutory or otherwise, including but not limited to implied warranties of merchantability, non-infringement or fitness for a particular purpose.

8 Disclaimers.

8.1 Accuracy of Information.

(a) Content: ADC will make available various content as part of this System such as : (i) content licensed from third parties, obtained from publicly available sources or inputted into the System by a third party for your benefit, including a customizable food list, insulin adjustment table, and prescribed plan chart (all such content collectively, "Third-Party Content") and (ii) texts, graphics, images, or other information (collectively with the Third Party Content, "Content"). Any summaries of information are based exclusively on information provided to ADC by you or others. ADC DOES NOT CONFIRM THE ACCURACY OF THE GLUCOSE LEVEL INFORMATION OR ANY OTHER CONTENT (INCLUDING THE CONTENT) IT RECEIVES FROM YOU OR OTHERS, OR OF THE SUMMARIES ADC PREPARES FROM THAT INFORMATION OR THE CONTENT, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION, CONTENT, OR SUMMARIES. ADC, AND ITS THIRD PARTY CONTENT PROVIDERS, DISCLAIM ALL WARRANTIES POTENTIALLY RELATED TO SUCH CONTENT, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, ADC, AND ITS THIRD PARTY CONTENT PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, OR REGARDING ITS COMPLIANCE WITH GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION REGARDING PRESCRIPTION DRUG PRODUCTS.

(b) Revised Third-Party Content: ADC may update or revise the Third-Party Content from time to time. Any updates or revisions to the Third-Party Content can be found on ADC's website at http://www.AbbottDiabetesCare.com or by contacting ADC's customer service center at http://www.AbbottDiabetesCare.com and select the Contact Us option or toll-free at 1-888-522-5226. All use of any revisions or updates to the Third-Party Content is subject to the terms of this Agreement. Under no circumstances under the terms of this Agreement is ADC required to provide you with any revisions or updates to the Third-Party Content.

(c) Linked Systems: The System may contain hyperlinks to Internet sites or other information systems operated by third parties ("Linked Systems"). ADC does not operate or control any information, products or services on the Linked Systems and is not responsible for any data or change in data on the Linked Systems, or for the continued functionality of the link. The provision of the Linked Systems is solely a convenience to you, and does not imply any approval or endorsement of those Linked Systems.

8.2 No Medical Advice. The Content provided through the System is for informational purposes only. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR LEARNED THROUGH THE SYSTEM. It is possible that your blood sugar levels will go up or down to levels that are very high or very low. It is also possible that you may experience other diabetes-related changes in your medical condition. You should follow customary guidelines set by your doctor or other healthcare provider(s) regarding calling in when your readings are too high or low or you experience other diabetes-related changes in your medical condition. ADC WILL NOT NOTIFY YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER(S) AUTOMATICALLY OF SUCH CHANGES. The System and the Services are designed to help you and your healthcare provider(s) better manage diabetes through information, analysis and communication; they are not designed to address acute blood glucose management. ADC does not guarantee that your healthcare provider(s) will review your glucose level or other diabetes information. You are responsible for communicating your glucose levels and other diabetes-related information to, and receiving feedback from, your healthcare providers. ADC does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned through the System. YOUR DECISION TO RELY ON ANY INFORMATION YOU RECEIVE FROM ADC EMPLOYEES OR THROUGH THE SYSTEM IS SOLELY AT YOUR OWN RISK.

8.3 Data Retention. ADC will endeavor to maintain accurate and complete records of the information you provide to ADC. However, ADC does not warrant that such information will be accurate, complete, preserved or available. Therefore, you should maintain back-up records of all information you provide to ADC.

9. No Warranty. THE SERVICES, SYSTEM, CONTENT AND ANY LINKED SYSTEM(S) ARE PROVIDED BY ADC ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THIS INCLUDES WITHOUT LIMITATION NO WARRANTIES OF TITLE, SECURITY, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ADC DOES NOT WARRANT THAT: (I) THE SERVICES, SYSTEM, CONTENT AND ANY LINKED SYSTEM(S) ARE COMPLETE, ACCURATE, RELIABLE OR ERROR FREE, (II) THAT THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS OR (IV) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE. NO REPRESENTATIONS ARE MADE AS TO THE CONTINUED AVAILABILITY OF THE SYSTEM OR OF ANY OF ITS FUNCTIONALITY.

10. Release. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND EVALUATING THE ACCURACY AND RELEVANCE OF ANY CONTENT YOU RECEIVE THROUGH THE SYSTEM. YOU AGREE NOT TO ASSERT ANY CLAIMS AGAINST ADC, ITS AFFILIATES OR THE RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS (INCLUDING THIRD PARTY CONTENT PROVIDERS) OR LICENSORS OF ADC OR ITS AFFILIATES (COLLECTIVELY, THE "ABBOTT DIABETES CARE PARTIES" OR INDIVIDUALLY AN "ABBOTT DIABETES CARE PARTY")), OR TO NAME ANY ABBOTT DIABETES CARE PARTY IN ANY DISPUTE, ARISING FROM OR RELATED TO SUCH CONTENT, AND EACH ABBOTT DIABETES CARE PARTY RESERVES THE RIGHT TO RAISE ANY AND ALL DEFENSES DEEMED APPROPRIATE AND TO TAKE ANY OTHER ACTION NECESSARY TO DEFEND ITSELF, IF THE ABBOTT DIABETES CARE PARTY IS NAMED IN ANY SUCH DISPUTE.

YOU ACKNOWLEDGE BY YOUR USE OF THE SYSTEM, SERVICES AND CONTENT AND ANY LINKED SYSTEM(S) THAT SUCH USE IS SOLELY AT YOUR OWN RISK. ALL USERS OF THE SYSTEM ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH THE NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH THE USE OF THE SYSTEM, SERVICES, CONTENT AND ANY LINKED SYSTEM(S). ADDITIONALLY, ALL USERS UNDERSTAND AND AGREE THAT THE ABBOTT DIABETES CARE PARTIES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SYSTEM, SERVICES, CONTENT OR ANY LINKED SYSTEM(S).

You agree that the Abbott Diabetes Care Parties are not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the System. You agree that the Abbott Diabetes Care Parties are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You agree that the Abbott Diabetes Care Parties are not responsible for any Content transmitted via the System by any third party.

11. Limitation of Liability. NONE OF THE ABBOTT DIABETES CARE PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS FROM PERSONAL INJURY OR DEATH OR DAMAGES FROM LOST DATA, EVEN IF SUCH ABBOTT DIABETES CARE PARTY HAS BEEN ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply.

12. Indemnity. You agree to indemnify, defend and hold the Abbott Diabetes Care Parties harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' and experts' fees) incurred by any Abbott Diabetes Care Party in connection with any breach of this Agreement by you or otherwise in connection with your use of the System.

13. Ownership. Subject to the rights expressly granted to you in this Agreement, ADC and its licensors shall own the System, the Services, and the Content. You may download or copy information from the System for your personal use. However, no right, title or interest in any downloaded or viewed Content is transferred to anyone as a result of any such downloading or copying. You may not copy or reproduce, publish or post, publicly display or perform, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way other than as expressly permitted here any of the Content or the System as a whole. Abbott Diabetes Care® and FreeStyle®, CoPilot®, FreeStyle Tracker® and The Technology of Caring® are trademarks of ADC, Precision Xtra® is a trademark of Abbott Laboratories, and CoZmanager® and CoZmonitor® are trademarks of the Smiths Medical family of companies. (all such trademarks collectively, the "Trademarks"). You agree not to display or use in any manner the Trademarks without the owner's prior written permission. Unless otherwise noted, all Content is owned by or licensed to ADC. Content is protected under U.S. and international copyright, trademark, and other laws. The System as a whole is protected by U.S. and international intellectual property laws.

14. Comments. ADC appreciates all comments, remarks, feedback, suggestions, ideas and other submissions you may communicate, disclose or transmit to ADC via any communication method (verbal, written or electronic) (collectively "Comments"). ADC is not obligated to keep the Comments confidential or pay any compensation for the Comments. ADC shall own solely all rights, titles and interests in and to the Comments, and ADC shall not be limited in any way in its use of any Comments. You hereby assign to ADC all of your ownership rights in the Comments and agree to execute such documents and performs such acts as are reasonably necessary to perfect such assignment.

15. General. Nothing contained in this Agreement shall be construed as creating a doctor-patient, partnership, agency, or employment relationship between you and ADC. This Agreement is governed by and shall be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Both parties agree to submit to the personal jurisdiction of the courts in the County of Alameda, California for the purpose of resolving disputes arising out of or connected to this Agreement or your use of the System. Upon termination of this Agreement, Section 3, 4, 8 through 15 shall survive in full force and effect. The waiver or failure of any party to exercise in any respect any rights provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as explicitly stated otherwise, any notices shall be given by postal mail to ADC, Inc., Attention: General Counsel (in Abbott Diabetes Care's case) or by mail to the physical address you provide on your Registration Form (in your case). Notices shall be deemed given three (3) business days after the date of mailing. You are responsible for providing ADC with accurate and current contact information. This Agreement constitutes the entire agreement between you and ADC regarding your use of the System as an End User and supersedes all prior proposals, negotiations, conversations, discussions and agreements between you and ADC regarding the System. This Agreement shall take effect on the date you indicate your agreement to be bound by its terms and conditions.