GLOBAL POINT OF CARE

POC LINK TERMS AND CONDITIONS

 

PLEASE READ THIS POC LINK (“POC LINK” OR “SYSTEM”) TERMS AND CONDITIONS (THE “AGREEMENT”) CAREFULLY BEFORE ACCEPTING IT AND REGISTERING ANY ID NOW (“DEVICE”) AS PER THE PROVIDED INSTRUCTIONS. REGISTRATION OF ANY DEVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN THE SYSTEM USER (“YOU” OR “YOUR” OR “INSTITUTION”) AND ABBOTT RAPID DX NORTH AMERICA, LLC (“ABBOTT,” “WE,” OR “US”) (EACH A “PARTY,” AND COLLECTIVELY THE “PARTIES”). BY REGISTERING ANY DEVICE, YOU AFFIRM THAT: (1) YOU ARE 18 YEARS OF AGE OR OLDER; (2) YOU HAVE AUTHORITY ON BEHALF OF THE INSTITUTION, AND YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF THE INSTITUTION; AND (3) YOU HAVE READ, UNDERSTAND, AND AGREE THAT YOU ARE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, DO NOT REGISTER ANY DEVICE. REGISTRATION OR USE OF POC LINK IS NOT REQUIRED FOR YOUR DEVICE(S) TO CONTINUE TO FUNCTION OR RECEIVE ANY SERVICES OR UPDATES YOU MIGHT OTHERWISE BE ENTITLED TO.

  1. Definition of scope: Institution understands that POC Link is intended to transmit connected systems operational data, which may be used by Abbott in providing services to Institution for troubleshooting, complaint investigation, performance monitoring, improvement, research, development, inventory management, usage analytics, and other related purposes. In addition, POC Link may be used to send system updates (which may be applied automatically), to provide remote service, and to facilitate Abbott’s delivery of third-party services and products to Institution. The foregoing list of services is for illustration only and does not constitute a promise by Abbott that it will provide said services or the terms on which they may be offered. To the extent Abbott makes services such as system updates and remote service available through POC Link, Institution will have access to those services subject to the terms of this Agreement. Information transmitted through POC Link does not substitute any other reports that Institution may need to submit to Abbott in conjunction with other agreements between Abbott and Institution. The data transmitted to Abbott by POC Link will not contain any protected health information (PHI), personally identifiable information (PII), or other confidential information related to patients.
  2. Separate Agreement: POC Link is a standalone connectivity solution for ID NOW. This Agreement and your use of POC Link is separate from any other agreement you may have concerning your Device(s), and this Agreement does not modify those other agreements. POC Link is not required for the continued functionality of ID NOW and provides only an alternative connectivity solution for ID NOW. The use of POC Link does not alter any responsibilities either Abbott or Institution might otherwise have under separate agreements, including, but not limited to, Institution’s reporting and maintenance responsibilities.
  3. Grant of Rights to Abbott. You hereby confirm that every test conducted in the ID NOW devices and transmitted through POC Link is subject to a patient signed Informed Consent Form (“ICF”), therefore, any rights to data was previously granted. Additionally, You grant to Abbott a world- wide, perpetual, irrevocable, non-exclusive, sub-licensable, right and license to access, use, disclose, copy, distribute, reproduce, modify, adapt, publish, translate, transform, display, and commercialize the data collected and transferred through POC Link (collectively, the “Data”) for the following purposes: (a) to operate POC Link, including, without limitation, to perform all of its features and functions, which may include, without limitation, updates to ID NOW device software and troubleshooting; (b) to further develop and improve POC Link, ID NOW, and other of Abbott’s products and services; and (c) to monitor the performance of ID NOW.
  4. Availability. Abbott does not guarantee that POC Link functions will be uninterrupted or error- free. Abbott disclaims any and all liability and responsibility for the availability, accuracy, and quality of POC Link and the collected data.
  5. Materials. Abbott may have provided you with free-of-charge materials for ID NOW connectivity (e.g., Ethernet cable) to be exclusively used for POC Link connectivity. However, you are free to use your own materials for connectivity based on your preference, technical standards, and/or internal cybersecurity guidelines.
  6. Limitation of Liability. Notwithstanding any losses that you may incur and to the maximum extent permitted by law, except in cases of fraud or willful and wanton misconduct, Abbott, its affiliates, its licensors, and its service providers shall not have any liability to Institution for any losses, damages, or claims in connection with this Agreement, POC Link, or the Data, including but not limited to cases of negligence, data breaches, viruses, or cyberattacks. To the maximum extent permitted by applicable law, in no event shall Abbott, its affiliates, its licensors, and its service providers be liable for any punitive, special, incidental, indirect, or consequential losses or damages of any nature whatsoever; or for any lost revenue, lost profits, or lost business of any nature whatsoever, whether considered as direct or as indirect losses or damages.
  7. Indemnification. You agree to indemnify, defend and hold harmless Abbott, its affiliates, its licensors, its service providers, and its and their respective officers, directors, employees, agents, successors, assignees and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses arising out of or related to your violation of any provision of this Agreement; law, rules, or regulations; or any third-party rights.
  8. Acceptable Use. You shall not use, and shall not permit any third party to use, POC Link to: (a) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of any component of POC Link; (b) build or benchmark a competing product or service; or copy any features or functions of POC Link; or (c) upload any virus, download or access any Data, or otherwise facilitate a data breach or cyberattack on Abbott’s or its affiliates’, licensors’, or service providers’ systems.
  9. Cybersecurity: Abbott shall comply with all applicable laws and regulations governing the use, access, extraction, or transfer of Institution’s data in Abbott’s possession. Abbott shall follow industry standards regarding data privacy and cybersecurity and may leverage external assessors to demonstrate compliance. Abbott shall implement reasonable measures to protect the confidentiality of Institution’s data in Abbott’s possession. In the event of a cybersecurity breach of Institution’s data in Abbott’s possession, or a cybersecurity breach of Institution’s network leveraging Abbott’s access to Institution’s systems, Abbott shall promptly notify the Institution and provide cooperation and assistance in accordance with applicable laws and regulations.
  10. Termination. Abbott has the right to suspend or terminate Your access to POC Link without notice or terminate this Agreement at any time if: (a) You breach any provision of this Agreement; (b) Abbott elects at its sole discretion to decommission POC Link; or (c) in other circumstances and for other reasons determined by Abbott in its sole discretion. All data and materials, including, without limitation, the Data, may be irretrievably deleted by Abbott at its sole discretion.
  11. Governing Law; Exclusive Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its choice of law principles. The Parties consent to the exclusive jurisdiction and venue of the federal courts of the Northern District of Illinois and, if there is no jurisdiction in federal court, to the exclusive jurisdiction and venue of the state courts in Lake County, Illinois, U.S.
  12. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.

©2024 Abbott. All rights reserved. Unless otherwise specified, all product and service names appearing in this Internet site are trademarks owned by or licensed to Abbott, its subsidiaries or affiliates. No use of any Abbott trademark, trade name, or trade dress in this site may be made without the prior written authorization of Abbott, except to identify the product or services of the company.

This website is governed by applicable U.S. laws and governmental regulations. The products and information contained herewith may not be accessible in all countries, and Abbott takes no responsibility for such information which may not comply with local country legal process, regulation, registration and usage.

Your use of this website and the information contained herein is subject to our Website Terms and Conditions, Privacy Policy, and Consumer Health Data Privacy Policy. Photos displayed are for illustrative purposes only. Any person depicted in such photographs is a model. GDPR Statement

Not all products are available in all regions. Check with your local representative for availability in specific markets. For in vitro diagnostic use only. For i-STAT test cartridge information and intended use, refer to individual product pages or the cartridge information (CTI/IFU) in the i-STAT Support area.

Abbott - A Leader in Rapid Point-of-Care Diagnostics.