Common use of MODIFICATIONS TO THESE TERMS Clause in Contracts

MODIFICATIONS TO THESE TERMS. We reserve the right to modify these Terms at any time, in our sole discretion, without prior notice to you, and your use of the Cue Products binds you to the use of the changes made. We do occasionally update these Terms, so please refer to them in the future. If you do not agree tothe amended Terms, your sole and exclusive remedy is to cease use of the Cue Products. By continuing to access the Cue Products after the Terms have amended, you agree and consent tosuch amendments. Features and specifications of the Cue Products described or depicted herein are subject to change at any time without notice. The Cue Products These Terms apply to your use of any of the Cue Products. You will not use any of the Cue Products in a manner inconsistent with (i) these Terms or (ii) any and all applicable laws and regulations. The Cue Products that are governed by these Terms are described below: - Cue COVID-19 Test (for professional or healthcare provider use). This Cue Product is regulated by Central Drugs Standard Control Organisation (CDSCO) as a medical device for use by accredited healthcare providers and operators. This Cue Product is also regulated by the U.S. Food and Drug Administration (“FDA”) as a medical device for use by healthcare providers, including health care professionals and laboratories under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and in patient care settings (Point of Care) operating under a CLIA Certificate of Waiver, Certificate of Compliance, or Certificate of Accreditation. More information about the Cue Test authorizations can be found at xxxxx://xxxxxxxxx.xxx/documentation/Cue_COVID- 19_Test_Labeling/Cue_COVID-19_Test_FDA_EUA_Letter.pdf. This Cue Product includes the following: o Cue Health Monitoring System: Cue Cartridge Reader, Power Adapter, and ChargingCable o Cue COVID-19 Test Cartridge Pack: single-use Cue COVID-19 Test Cartridge and single-use Cue Sample Wand o Cue Health Mobile App (“Cue Health App”): available for download from the Apple® App Store® and Google Play™ Store onto a compatible smart device The Cue Health App provides you with step-by-step instructions on how to insert the Cue Test Cartridge into the Cue Cartridge Reader, collect specimens using a Cue Sample Wand, insert theSample Wand into the Cue Test Cartridge, and run the test (collectively the “Cue Test”). When you run a Cue Test, the Cue Health App will display the results automatically on your compatiblemobile smart device via BLUETOOTH® connection. The Help Center within the Cue Health App provides additional instructional documentation for you to view. This Product has not been FDA cleared or approved; but has been authorized by the FDA under an Emergency Use Authorization (“EUA”). This Product has been authorized only for the detection of nucleic acid from SARS- CoV-2, not for any other viruses or pathogens; and, the emergency use of this Product is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360bbb-3(b)(1), unless the declaration is terminated or authorization is revoked sooner. Your Cue Health Account When you install the Cue Health App on a mobile smart device and register for an account, youwill be asked to set up a profile. You may set up multiple profiles in your account for your patients (for laboratories/health care providers/health care professionals) and/or your children, family members, or others (for consumers) and may save Cue Test results under any of these profiles.The Cue Health App will display historical test results for each profile. By creating a Cue Health App account, you represent and warrant the following: (a) you are an adult of at least 18 years of age (or an adult under applicable state law), (b) you have the legal ability and authority to enter into these Terms, (c) you have provided accurate and complete information when establishing your account and creating profiles (“Registration Information”), (d) you have the authority and consent of any individual if you create a profile on their behalf, (e) to the extent you create a profile on behalf of another individual, such individual has reviewed and agreed to the terms of the Cue Health Privacy Policy, (f) you will take all reasonable steps necessary to maintain and promptly update the Registration Information to ensure that it is accurate and complete, (g) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (h) are not listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. If you provide any information that is untrue or inaccurate about yourself or others for whom you establish a profile, or Cue has reasonable grounds to suspect that such information is untrueor inaccurate, Cue may suspend or terminate your account immediately. Additionally, you agree to maintain the strict confidentiality of your account and any passwords created by you for your use of the Cue Products, and you agree not to allow persons or entities to use any username(s) or password(s) that are created by you. You alone shall be responsible for all of the activity that occurs in your account, including failure to obtain the proper consent from any individuals for whom you created an account. We cannot and will not be liable for anyloss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. The Cue Health App is not intended for use by children under the age of 18. If you are under 18 years of age, consent from a parent or guardian is required. Cue Health does not seek to gather personal information from or about persons under the age of 18 without the consent of a parentor guardian. Use Of the Cue Products As a user of the Cue Products, you acknowledge that:

Appears in 1 contract

Samples: Health India Terms

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MODIFICATIONS TO THESE TERMS. We reserve the right to modify these Terms at any time, in our sole discretion, without prior notice to you, and your use of the Cue Products binds you to the use of the changes made. We do occasionally update these Terms, so please refer to them in the future. If you do not agree tothe to the amended Terms, your sole and exclusive remedy is to cease use of the Cue Products. By continuing to access the Cue Products after the Terms have amended, you agree and consent tosuch to such amendments. Features and specifications of the Cue Products described or depicted herein are subject to change at any time without notice. The Cue Products These Terms apply to your use of any of the Cue ProductsProducts to test, manage, and monitor COVID- 19 test results within your organization. You will not use any of the Cue Products in a manner inconsistent with (i) these Terms or (ii) any and all applicable laws and regulations. The Cue Products that are governed by these Terms are described below: - Cue COVID-19 Test (for professional or healthcare provider use). This Cue Product is regulated by Central Drugs Standard Control Organisation (CDSCO) Health Canada as a medical device for use by accredited healthcare providers and operators. This Cue Product is also regulated by the U.S. Food and Drug Administration (“FDA”) as operators working in a medical device for use by healthcare providers, including health point of care professionals and laboratories under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and in patient care settings (Point of Care) operating under a CLIA Certificate of Waiver, Certificate of Compliance, or Certificate of Accreditationprofessional environment. More information about the Cue Test authorizations Interim Order can be found at xxxxx://xxxxxxxxx.xxx/documentation/Cue_COVID- 19_Test_Labeling/Cue_COVID-19_Test_FDA_EUA_Letter.pdfon the Cue Health Website. This Cue Product includes the following: o Cue Health Monitoring System: Cue Cartridge Reader, Power Adapter, and ChargingCable andCharging Cable o Cue COVID-19 Test Cartridge Pack: single-use Cue COVID-19 Test Cartridge and single-use Cue Sample Wand o Cue Health Mobile App (“Cue Health App”): available for download from the Apple® App Store® and Google Play™ Store onto a compatible mobile smart device device. The Cue Health App provides you with step-by-step instructions on how to insert the Cue Test Cartridge into the Cue Cartridge Reader, collect specimens using a Cue Sample Wand, insert theSample the Sample Wand into the Cue Test Cartridge, and run the test (collectively the “Cue Test”). When you run a Cue Test, the Cue Health App will display the results automatically on your compatiblemobile compatible mobile smart device via BLUETOOTH® connection. The Help Center within the Cue Health App provides additional instructional documentation for you to view. This Product has not been FDA cleared product is authorized for sale or approved; but has been authorized importation in Canada pursuant to section 5 of the Interim Order Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19, made by the FDA under an Emergency Use Authorization (“EUA”)Minister of Health on March 18, 2020 and the subsequent Interim Order No. This Product has been authorized only for the detection of nucleic acid from SARS- CoV-22 on March 1, not for any other viruses or pathogens; and, the emergency use of this Product is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360bbb-3(b)(1), unless the declaration is terminated or authorization is revoked sooner2021. Your Cue Health Account When you install the Cue Health App on a mobile smart device and register for an account, youwill you will be asked to set up a profile. You may set up multiple profiles in your account for your patients (for laboratories/health care providers/health care professionals) and/or your childrenemployees, family memberspatients, or others (for consumers) other visitors and may save Cue Test results under any of these profiles.. The Cue Health App will display historical test results for each profile. By creating a Cue Health App account, you represent and warrant the following: (a) you are an adult of at least 18 years of age (or an adult under applicable state law)the age of majority in your jurisdiction of residence, (b) you have the legal ability and authority to enter into these Terms, (c) you have provided accurate and complete information when establishing your account and creating profiles (“Registration Information”), (d) you have the authority and consent of any individual if you create a profile on their behalf, (e) to the extent you create a profile on behalf of another individual, such individual has reviewed and agreed to the terms of the Cue Health Privacy Policy, (f) you will take all reasonable steps necessary to maintain and promptly update the Registration Information to ensure that it is accurate and complete, (g) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (h) are not listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. If you provide any information that is untrue or inaccurate about yourself or others for whom you establish a profile, or Cue has reasonable grounds to suspect that such information is untrueor untrue or inaccurate, Cue may suspend or terminate your account immediately. Additionally, you agree to maintain the strict confidentiality of your account and any passwords created by you for your use of the Cue Products, and you agree not to allow persons or entities to use any username(s) or password(s) that are created by you. You alone shall be responsible for all of the activity that occurs in your account, including failure to obtain the proper consent from any individuals for whom you created an account. We cannot and will not be liable for anyloss any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. The Cue Health App is not intended for use by children under the age of 18. If you are under 18 years of age, consent from a parent or guardian is required. Cue Health does not seek to gather personal information from or about persons under the age of 18 without the consent of a parentor parent or guardian. Use Of the Cue Products As a user of the Cue Products, you acknowledge that:

Appears in 1 contract

Samples: License Agreement

MODIFICATIONS TO THESE TERMS. We reserve the right to update or modify these Terms at any time, in our sole discretion, without prior notice to you. By continuing to use the Cue Products, you will be deemed to have understood, acknowledged, and consented to all such updates or modifications to these Terms, and will constitute your use agreement to be bound by the terms and conditions of the Cue Products binds you such updates or modifications to the use of Terms from the changes madedate such updates or modifications are published online. We As we do occasionally update or modify these Terms, so please refer to them the latest version of the Terms to stay updated on these updates or modifications in the future. If you do not agree tothe amended to the updated or modified Terms, your sole and exclusive remedy is to cease use of the Cue Products. By continuing to access the Cue Products after the Terms have been amended, you agree and consent tosuch to such amendments. Features and specifications of the Cue Products described or depicted herein are subject to change at any time without notice. The Cue Products These Terms apply to your use of any of the Cue Products. You will not use any of the Cue Products in a manner inconsistent with (i) these Terms or (ii) any and all applicable laws and regulations. The Cue Products that are governed by these Terms are described below: - Cue COVID-19 Test for Home and Over the Counter (for professional or healthcare provider use)OTC) Use. This Cue Product is regulated by Central Drugs Standard Control Organisation (CDSCO) as a medical device for use by accredited healthcare providers and operators. This Cue Product is also regulated by the U.S. Food and Drug Administration Health Sciences Authority (“FDAHSA”) as a medical device and is authorized for non-prescription home use in adults (self-swabbing) or children ≥2 years of age (swabbed by healthcare providers, including health care professionals and laboratories under an adult) with or without symptoms or other epidemiological reasons that raise the Clinical Laboratory Improvement Amendments suspicion of 1988 (CLIA) and in patient care settings (Point of Care) operating under a CLIA Certificate of Waiver, Certificate of Compliance, or Certificate of AccreditationCOVID-19 infection. More information about the Cue Test authorizations can be found at xxxxx://xxxxxxxxx.xxx/documentation/Cue_COVID- 19_Test_Labeling/Cue_COVID-19_Test_FDA_EUA_Letter.pdfPandemic Special Access Route (“PSAR”) is available on the Cue Health Website. This Cue Product includes the following: o Cue Health Monitoring System: Cue Cartridge Reader, Power Adapter, and ChargingCable Charging Cable o Cue COVID-19 Test Cartridge Pack: single-use Cue COVID-19 Test Cartridge and single-use Cue Sample Wand o Cue Health Mobile App Application (“Cue Health App”): available for download from the Apple® App Store® and Google Play™ Store onto a compatible smart device mobile device. The Cue Health App provides you with step-by-step instructions on how to insert the Cue Test Cartridge into the Cue Cartridge Reader, collect specimens using a Cue Sample Wand, insert theSample the Sample Wand into the Cue Test Cartridge, and run the test (collectively the “Cue Test”). When you run a Cue Test, the Cue Health App will display the results automatically on your compatiblemobile smart compatible mobile device via BLUETOOTH® connection. The Help Center within the Cue Health App provides additional instructional documentation for you to view. This Product has not been FDA cleared product is authorized for sale or approved; but has been authorized importation into Singapore under the PSAR made by the FDA HSA for “emergency therapy products” under an Emergency Use Authorization regulation 13Cof the Health Products (“EUA”). This Product has been authorized only for the detection of nucleic acid from SARS- CoV-2, not for any other viruses or pathogens; and, the emergency use of this Product is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1Medical Devices) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360bbb-3(b)(1), unless the declaration is terminated or authorization is revoked sooner. Your Cue Health Account When you install the Cue Health App on a mobile smart device and register for an account, youwill be asked to set up a profile. You may set up multiple profiles in your account for your patients (for laboratories/health care providers/health care professionals) and/or your children, family members, or others (for consumers) and may save Cue Test results under any of these profilesRegulations.The Cue Health App will display historical test results for each profile. By creating a Cue Health App account, you represent and warrant the following: (a) you are an adult of at least 18 years of age (or an adult under applicable state law), (b) you have the legal ability and authority to enter into these Terms, (c) you have provided accurate and complete information when establishing your account and creating profiles (“Registration Information”), (d) you have the authority and consent of any individual if you create a profile on their behalf, (e) to the extent you create a profile on behalf of another individual, such individual has reviewed and agreed to the terms of the Cue Health Privacy Policy, (f) you will take all reasonable steps necessary to maintain and promptly update the Registration Information to ensure that it is accurate and complete, (g) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (h) are not listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. If you provide any information that is untrue or inaccurate about yourself or others for whom you establish a profile, or Cue has reasonable grounds to suspect that such information is untrueor inaccurate, Cue may suspend or terminate your account immediately. Additionally, you agree to maintain the strict confidentiality of your account and any passwords created by you for your use of the Cue Products, and you agree not to allow persons or entities to use any username(s) or password(s) that are created by you. You alone shall be responsible for all of the activity that occurs in your account, including failure to obtain the proper consent from any individuals for whom you created an account. We cannot and will not be liable for anyloss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. The Cue Health App is not intended for use by children under the age of 18. If you are under 18 years of age, consent from a parent or guardian is required. Cue Health does not seek to gather personal information from or about persons under the age of 18 without the consent of a parentor guardian. Use Of the Cue Products As a user of the Cue Products, you acknowledge that:

Appears in 1 contract

Samples: User License Agreement

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MODIFICATIONS TO THESE TERMS. We reserve the right to may modify these Terms at any time, in our sole discretion, without prior notice to you, and your use of the Cue Products binds you to the use of the changes made. We do occasionally update these Terms, so please refer and we will provide notice to them in the futureyou of any modifications. If you do not agree tothe to these or the amended Terms, your sole and exclusive remedy is to cease use of the Cue Products. By continuing to access the Cue Products after the Terms have amended, you agree and consent tosuch to such amendments. Features and specifications of the Cue Products described or depicted herein are subject to change at any time without notice. The Cue Products These Terms apply to your use of any of the Cue Products. You will not use any of the Cue Products in a manner inconsistent with (i) these Terms or (ii) any and all applicable laws and regulations. The Cue Products that are governed by these Terms are described below: - Cue COVID-19 Test for Home and Over the Counter (for professional or healthcare provider use)OTC) Use. This Cue Product is regulated by Central Drugs Standard Control Organisation (CDSCO) as a medical device for use by accredited healthcare providers and operators. This Cue Product is also regulated by the U.S. Food and Drug Administration (“FDA”) as a medical device and is authorized for non-prescription home use in adults (self-swabbing) or children ≥2 years of age (swabbed by healthcare providers, including health care professionals an adult) with or without symptoms or other epidemiological reasons to suspect COVID-19. It is also regulated by the Qatar Ministry of Health and laboratories under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and in patient care settings (Point of Care) operating under a CLIA Certificate of Waiver, Certificate of Compliance, or Certificate of Accreditationother applicable government agencies. More information about the Cue Test authorizations can be found at xxxxx://xxxxxxxxx.xxx/documentation/Cue_COVID- 19_Test_Labeling/Cue_COVID-19_Test_FDA_EUA_Letter.pdfhere. This Cue Product includes the following: o Cue Health Monitoring System: Cue Cartridge Reader, Power Adapter, and ChargingCable Charging Cable o Cue COVID-19 Test Cartridge Pack: single-use Cue COVID-19 Test Cartridge and single-use Cue Sample Wand o Cue Health Mobile App Application (“Cue Health App”): available for download from the Apple® App Store® and Google Play™ Store onto a compatible smart device device. The Cue Health App provides you with step-by-step instructions on how to insert the Cue Test Cartridge into the Cue Cartridge Reader, collect specimens using a Cue Sample Wand, insert theSample the Sample Wand into the Cue Test Cartridge, and run the test (collectively the “Cue Test”). When you run a Cue Test, the Cue Health App will display the results automatically on your compatiblemobile compatible mobile smart device via BLUETOOTH® connection. The Help Center within the Cue Health App provides additional instructional documentation for you to view. This Product has The Cue Health App will also provide step-by-step instructions on additional optional features, including the Cue Proctored Test for Travel, Variant Sequencing, and Telehealth Services. These Products have not been FDA cleared or approved; but the Cue COVID-19 Test for Home and Over the Counter (OTC) has been authorized by the U.S. FDA under an Emergency Use Authorization (“EUA”)) and registered with the Qatar Ministry of Health. This Product has Such products have been authorized only for the detection of nucleic acid from SARS- CoV-2, not for any other viruses or pathogens; and, the emergency use of this Product such products is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360bbb-3(b)(1), unless the declaration is terminated or authorization is revoked soonerCOVID-19. Your Cue Health Account When you install the Cue Health App on a mobile smart device and register for an account, youwill you will be asked to set up a profile. You may set up multiple profiles in your account for your patients (for laboratories/health care providers/health care professionals) and/or your children, family members, or others (for consumers) and may save Cue Test results under any of these profiles.. The Cue Health App will display historical test results for each profile. By creating a Cue Health App account, you represent and warrant the following: (a) you are an adult of at least 18 years of age (or an adult under applicable state law), (b) you have the legal ability and authority to enter into these Terms, (c) you have provided accurate and complete information when establishing your account and creating profiles (“Registration Information”), (d) you have the authority and consent of any individual if you create a profile on their behalf, (e) to the extent you create a profile on behalf of another individual, such individual has reviewed and agreed to the terms of the Cue Health Privacy Policy, (f) you will take all reasonable steps necessary to maintain and promptly update the Registration Information to ensure that it is accurate and complete, (g) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (h) are not listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. If you provide any information that is untrue or inaccurate about yourself or others for whom you establish a profile, or Cue has reasonable grounds to suspect that such information is untrueor inaccurate, Cue may suspend or terminate your account immediately. Additionally, you agree to maintain the strict confidentiality of your account and any passwords created by you for your use of the Cue Products, and you agree not to allow persons or entities to use any username(s) or password(s) that are created by you. You alone shall be responsible for all of the activity that occurs in your account, including failure to obtain the proper consent from any individuals for whom you created an account. We cannot and will not be liable for anyloss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. The Cue Health App is not intended for use by children under the age of 18. If you are under 18 years of age, consent from a parent or guardian is required. Cue Health does not seek to gather personal information from or about persons under the age of 18 without the consent of a parentor guardian. Use Of the Cue Products As a user of the Cue Products, you acknowledge that:,

Appears in 1 contract

Samples: License Agreement

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