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Medtronic, Inc. (“Medtronic”) offers RemoteView, which permits a user (“Programmer User”) of the Medtronic CareLink® 2090 Programmer (“Programmer”) to allow the viewing of information presently displayed on the Programmer screen with one or more individuals in remote locations anywhere in the world (“Remote Viewer”), including remote health care professionals or Medtronic representatives.
For a Remote Viewer to view information displayed on a Programmer, the Remote Viewer needs to install or access the Bomgar Representative Console software (“Licensed Software”). By installing or using the Licensed Software to view the Programmer screen information, registering a username and password in connection with the Medtronic RemoteView feature, or clicking on any acceptance button in connection herewith, you, a Remote Viewer, agree to be bound by all of the terms and conditions set forth in these Terms of Use (this “Agreement”).
Limited License Grant. You are hereby granted a nonexclusive, nontransferable, terminable, nonassignable, nonsublicensable, limited license to install and use a copy of the Licensed Software solely for authorized and legitimate purposes. You may not otherwise copy, use, modify, reverse engineer, decompile, disassemble, create derivative works based on, or integrate with other systems or programs the Licensed Software without the prior written consent of Medtronic. You shall have sole responsibility for any fees or charges, including service or data charges, incurred by you in connection with your use of the Licensed Software. You shall not remove any proprietary or other legend or restrictive notice contained or included in the Licensed Software or other documentation associated with such Licensed Software. You agree to maintain any and all copyright, trademark, and other notices on the Licensed Software and any associated documentation.
Licensed Software Functionality and Data Use, Collection, Viewing, and Transfer.
“Active Remote Viewer” as referred to herein shall mean a Remote Viewer that has installed the Licensed Software and has at the relevant point in time an active network connection to a Medtronic server via the Licensed Software.
By installing or using the Licensed Software or clicking any acceptance button in connection with this Agreement, you acknowledge, understand, agree to, and consent to all of the following, including when you are an Active Remoter User:
) Registration. To obtain access to the Licensed Software, you must register at the Medtronic RemoteView website and establish a user name and password. All information that you provide in connection with such registration must be complete, accurate, and truthful. The user name and password are personal to you and must not be shared with anyone else. You will also not attempt, directly or indirectly, to disable, bypass, or defeat any password protection associated with the Licensed Software. Medtronic reserves the right to deny or disable any user name or password or request for any user name or password.
) Your Personal Information. Medtronic will collect information in connection with your registration and installation and use of the Licensed Software, including your first and last name, your email address, a selected security question(s) and your corresponding answer(s), your address, and your telephone number. You agree that Medtronic may store this personal information about you on a Medtronic server, including a server located in the United States of America.
) Session Key. To view the information on the Programmer, the Remote Viewer must generate a Session Key that must be shared with and entered by the Programmer User. “Session Key” as used herein means a unique token active for a limited period of time generated by the Remote Viewer. You agree not to share this Session Key with anyone other than the Programmer User who has initiated the specific session.
) Logging of Session Activity. Each time you log in to the Licensed Software, Medtronic will collect information about your activity, including in an aggregated log or database, regarding you and your session, including your name, username, computer name, IP address, operating system details, and session details (including transferring and sharing activity, start and end times, view only or control activity, and any chat messages between or among any Active Remote Viewers. You agree that Medtronic may store any personal information about you on a Medtronic server, including a server located in the United States of America.
) Active Remote Users. When you are an Active Remote Viewer: (1) you will be able to view the name and/or user name of any other Active Remote Viewer who is logged into the same Medtronic server; and (2) any other Active Remote Viewer who is actively logged into the same Medtronic server will be able to view your name and/or user name. The Licensed Software also permits one Active Remote Viewer to share the information being viewed to any other Active Remote Viewer. You must not share any information from the Medtronic programmer, including with any other Active Remote Viewer, absent the express permission from the Programmer User that is allowing you to view the information.
) Availability. Medtronic has limitations on the number of users that can concurrently log in to the Licensed Software at any given time. Thus, installation of or accessing the Licensed Software does not guarantee that it will be available to you for use at any time.
Permissions. By installing and using the Licensed Software, you represent that you have permission to do so from any associated clinic, hospital, or medical practice and that your use of the Licensed Software complies with any policies or requirements of such associated clinic, hospital, or medical practice. You are also responsible for confirming that the Programmer User has obtained any necessary patient consent before allowing you to view any patient information via the Licensed Software.
Your Acknowledgements. You acknowledge that the Licensed Software is not the exclusive method of viewing information from the Programmer and that the Licensed Software is not the exclusive method by which to obtain a patient’s implanted cardiac device data, including any data on the Programmer. You also acknowledge that the Licensed Software is not intended to be used as a life-sustaining or interventional tool during medical emergencies. You further acknowledge that Medtronic is not, and shall not be deemed to be, a provider of patient health care services by virtue of its provision of access to the Programmer screen information via the Licensed Software. You also acknowledge that information from the Licensed Software is not an electronic medical record and use of the Licensed Software does not in any way relieve you from using your best medical judgment to determine a proper course of treatment for patients.
Security/Privacy of Patient Data. Your use of the Licensed Software and any Session Keys shall be solely for legitimate and lawful purposes and not for any malicious purpose. You are solely responsible for and will use your best efforts in maintaining the confidentiality and security of any copies of the Licensed Software as well as any user name, password credentials, and any Session Keys that can be used in accessing the Licensed Software, a Medtronic server, or any information from a Programmer. You are solely responsible for and will use your best efforts in keeping any patient information you may receive or view in connection with the Licensed Software confidential and secure, and you will not attempt to capture or copy any patient information you view in any electronic or hard copy format without the express permission of the Programmer User. You will be responsible for any obligations or liabilities associated with any lost, stolen, or otherwise compromised patient information.
Reporting Issues and Feedback. You agree that you will report any issues or questions, technical or otherwise, regarding the Licensed Software promptly and directly to Medtronic. If you submit any comments or ideas to Medtronic, in the absence of a separate agreement regarding such submissions, you grant to Medtronic an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such ideas in any medium and agree that Medtronic is free to use them for any purpose. In addition, Medtronic has no obligation to provide continued maintenance and support to you in connection with the Licensed Software. Any maintenance and support services provided by Medtronic shall be at Medtronic’s sole discretion.
Limitations of Liability.
THE LICENSED SOFTWARE IS PROVIDED TO YOU “AS IS,” AND MEDTRONIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. MEDTRONIC DOES NOT WARRANT THAT THE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT SHALL MEDTRONIC BE LIABLE TO YOU OR YOUR ASSOCIATED HOSPITAL, CLINIC, OR PRACTICE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE LICENSED SOFTWARE, SESSIONS KEYS, OR THESE TERMS OF USE (WHETHER IN WARRANTY, CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, AND EVEN IF MEDTRONIC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF), INCLUDING WITHOUT LIMITATION MEDICAL EXPENSES, LOSS OF REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOSS, MISAPPROPRIATION, OR UNAUTHORIZED OR MALICIOUS ACCESS TO OR MODIFICATION OF DEVICE DATA, OR FROM MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS, VIRUSES OR FAILURES OF PERFORMANCE, OR FROM THE IMPACT OF THE USE ON YOUR SYSTEM. IN NO EVENT SHALL MEDTRONIC BE LIABLE TO YOU FOR INTERCEPTION OR COMPROMISE OF ANY INFORMATION OR FOR ANY RECORD OR OTHER COMMUNICATION PROVIDED IN CONNECTION WITH YOUR USE OF THE LICENSED SOFTWARE.
Legal Compliance. You shall at all times use the Licensed Software in compliance with all applicable laws. You shall ensure that your installation and use of the Licensed Software complies with all applicable export and import laws, regulations, orders, and policies of the United States of America and any other applicable jurisdiction. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Term, Termination, Modifications, and Support. This Agreement shall be in effect from the date when you first install or use the Licensed Software. Medtronic may modify, amend, or terminate this Agreement at any time, including by providing notices or an updated version of this Agreement on a Medtronic website. Medtronic may modify, disable, or terminate your use or Medtronic’s support of the Licensed Software at any time, including by providing notices on a Medtronic website. All obligations which are ongoing in nature shall survive termination or expiration of this Agreement. At any time upon Medtronic’s request (including via a notice on a Medtronic website), you agree to promptly delete and terminate use of any and all copies of the Licensed Software. In addition, upon Medtronic’s request, you agree to provide written verification that you have destroyed all copies of the Licensed Software together with the manner, date, and time of such destruction.
Miscellaneous. This Agreement constitutes the entire agreement between Medtronic and you regarding your use of the Licensed Software and supersedes any prior and contemporaneous written or oral agreements or understandings related to the Licensed Software. You may not assign any of your rights or responsibilities under this Agreement without the prior written consent of Medtronic. Except as expressly provided herein, no person or entity other than Medtronic and you, including without limitation any patient, is or shall be a third party beneficiary of this Agreement or otherwise entitled to bring any action to enforce any provision of this Agreement against Medtronic or you. With regard to any purported agreement or terms of use between you and Bomgar Corporation in connection with the Licensed Software (“Bomgar EULA”): (a) any Bomgar EULA shall be solely between you and Bomgar Corporation; (b) Medtronic shall not be a party to any Bomgar EULA; (c) any Bomgar EULA shall not necessarily reflect the contents of any agreement between Bomgar Corporation and Medtronic; (d) any Bomgar EULA shall not modify or take precedence over this Agreement; and (e) nothing in this Agreement shall be construed to suggest the enforceability or unenforceability of any Bomgar EULA. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Minnesota (exclusive of the choice of law rules thereof). The parties hereby expressly waive any right to a trial by jury or class treatment of any claim, demand, action, or cause of action arising out of or relating to the Licensed Software or this Agreement. In the event that any provision of this Agreement violates any applicable statute, ordinance, or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision of this Agreement. No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any terms or provisions shall not be construed as a waiver of any other term or provision.
NayaMed International Sárl Customers: Whether the RemoteView feature shall be used in connection with NayaMed customers or devices shall be solely within the discretion of NayaMed International Sárl. If the Licensed Software is used connection with NayaMed customers or devices, this Agreement shall be directly between you and NayaMed with respect to those uses.
December 6, 2019
Medtronic Announces Cash Dividend for Third Quarter of Fiscal Year 2020
November 21, 2019
Medtronic Drug-Coated Balloon Receives U.S. FDA Approval to Treat Arteriovenous Fistula Lesions
November 19, 2019
Medtronic Reports Second Quarter Financial Results
November 14, 2019
Medtronic Highlights Leadership in Inclusion, Diversity, and Equity in 2019 Integrated Performance Report
November 11, 2019
New Study Shows Promise in Treating More Patients with World’s Smallest Pacemaker
Minnesota designates Medtronic as a Beyond the Yellow Ribbon company.
December 3, 2019
Learn about the progress Medtronic is making on pay equity and our ongoing work to create an ever increasingly inclusive, diverse and equitable workplace.
View an infographic summary of the company’s second quarter earnings report.
November 19, 2019
The Society of Women Engineers honors three Medtronic engineers – highlighting the company’s efforts to recruit, retain and empower women engineers.
November 8, 2019
Chief Executive Magazine features Omar Ishrak and Carol Surface on driving business strategy together.
November 6, 2019
Studies show the TYRX™ Absorbable Antibacterial Envelope reduces infection related to implanted medical devices.
October 28, 2019
With the advancement in technology, a new metric is emerging within diabetes management – Time in Range.
October 14, 2019
Ray Scheesley's chronic pain is finally under control with the help of a Medtronic drug infusion system.
October 10, 2019
Garry Frankel credits his defibrillator with peace of mind living after his cardiac arrest.
September 10, 2019
View an infographic summary of the company’s first quarter earnings report.
August 20, 2019
New treatment for painful leg veins helps patients get back on their feet.
August 19, 2019
Virtual anatomy table offers new view of implantable devices.
July 1, 2019
Medtronic teams create tiny components that could be part of the next med tech breakthrough.
June 1, 2019
View an infographic summary of the company’s fourth quarter earnings report.
May 23, 2019
Corporate Responsibility Magazine 100 Best Corporate Citizens List for third consecutive year, secures #1 spot for employee relations.
May 15, 2019
Recognized for the seventh year, Medtronic remains steadfast in commitment to inclusion and diversity.
May 9, 2019
Early results are promising for new enhanced respiratory monitoring care pathway.
May 1, 2019
Omar Ishrak participates in Business Roundtable #EmbracingSustainability campaign, challenging America's top CEOs to share how they are advancing sustainability.
April 18, 2019
Medtronic works to better support women pursuing leadership roles.
April 15, 2019
Value-based agreement with the Medical University of South Carolina is our latest health care collaboration.
March 15, 2019
This year’s theme, #BalanceforBetter, focuses on promoting gender balance in the workplace, politics, media, and beyond.
March 6, 2019
Dawn Bardot and others across the company’s information technology group are helping transform the future of healthcare.
February 20, 2019
Five-year value-based health care partnership will focus on acute conditions, chronic diseases and education.
February 14, 2019
Harnessing the power of the latest technology could revolutionize the future of healthcare.
February 14, 2019
Know the risks and how you can live a heart healthy lifestyle.
February 1, 2019
Support for community health workers brings access, hope to underserved patients
As the calendar year comes to a close, employees around the globe gather to celebrate — and hear from — the patients they serve.
December 20, 2018
Forbes and JUST Capital announce top 100 companies for 2018.
December 10, 2018
Employees are taking advantage of six additional weeks of paid time off to deal with family care needs.
November 28, 2018
A Medtronic Global Lung Health Summit inspires a bold new plan for treatment of lung cancer at one Idaho hospital.
November 12, 2018
We honor the legacy of our co-founder, Earl Bakken, who passed away in Hawaii.
October 21, 2018
Medtronic Global Champion Irma Grundling pursues her passion to run, despite Parkinson's Disease.
September 27, 2018
When Brent Hanson collapsed following a cardiac arrest, he never thought he’d get back up — and run. This fall, he’ll compete as a Medtronic Global Champion during the Medtronic Twin Cities Marathon.
September 19, 2018
Medtronic Chairman and CEO pledges to accelerate change and gender equality in the workplace.
September 17, 2018
Medtronic spinal cord stimulation can be an effective non-opioid treatment for chronic intractable pain.
September 13, 2018
Medtronic works to match military veterans, like Steve Thielen, with roles at the company.
September 13, 2018
The 2018 ranking by Thomson Reuters reflects commitment by employees at all levels of the organization.
September 6, 2018
How medical devices and the letters B.O.K. changed the lives of the Anderson family.
August 20, 2018
The latest in diabetes technology is having positive impact on patients and payers
August 13, 2018
Unique battery facility sets high standards that are being shared in the industry.
July 17, 2018
Collaboration provides timely, advanced care to critically ill patients in Tijuana.
June 15, 2018
Business groups team up on production to meet demand for diabetes technology.
May 29, 2018
Medtronic employees and retirees in the Netherlands and the United States team up on a unique project to honor American war heroes.
May 21, 2018
Medtronic leaders — past and present — discuss the role of artificial intelligence in the future of value-based, patient-centered care.
May 11, 2018
Corporate Responsibility Magazine recognizes Medtronic on 100 Best Corporate Citizens List.
May 8, 2018
Recognized for the third year in a row, Medtronic remains steadfast in commitment to inclusion and diversity.
May 2, 2018
Medtronic employees put a pause on their day jobs and pitch in throughout hurricane-ravaged Puerto Rico
April 20, 2018
A BOLD STEP IN VALUE-BASED HEALTHCARE
Groundbreaking partnership with Lehigh Valley Health Network could impact 500,000 patients, improve outcomes, and save tens of millions of dollars.
March 1, 2018
TEAMING UP TO IMPROVE HEALTHCARE JOURNEY
A partnership between Philips and Medtronic looks to streamline and optimize the management of lung nodule patients.
February 20, 2018
QUALITY CULTURES CONVERGE IN NEW JERSEY DISTRIBUTION CENTER
With a focus on quality, Medtronic and UPS Healthcare form a unique team ensuring medical devices get to patients all over the world.
February 16, 2018
MEDTRONIC EXPLORES THE NEXT FRONTIER IN HEALTHCARE: REGENERATIVE MEDICINE
A new partnership aims to accelerate tissue and organ replacement.
February 9, 2018
MEDTRONIC NAMED ONE OF THE WORLD'S LEADING INNOVATORS
For the fourth straight year, Medtronic received the Clarivate Analytics Top 100 Global Innovator award.
February 4, 2018
FORTUNE NAMES MEDTRONIC AMONG 'MOST ADMIRED COMPANIES' IN 2018
The publication’s annual list of Most Admired Companies includes Medtronic.
January 19, 2018
LOOKING FORWARD TO LIFE'S SWEET MUSIC
FDA approves HeartWare™ HVAD™ System as a ‘destination therapy’ for patients with severe heart failure.
January 10, 2018
BAKKEN INVITATION AWARD RECIPIENTS HONORED
Program celebrates 5th year and recognizes people who are “giving on” after overcoming health challenges with the help of medical technology.
January 18, 2018
MEDTRONIC IN PUERTO RICO: BACK TO FULL PRODUCTION
All production at all facilities are operating at pre-hurricane levels.
December 22, 2017
TEAMWORK: MEDTRONIC HELPS VILLALBA RESTORE POWER
Thousands receive water and electricity after Medtronic assists with critical repairs.
December 1, 2017
HELPING WHERE HELP IS NEEDED
Medtronic is working with communities in Puerto Rico to help citizens in need and speed up the island’s recovery.
November 20, 2017
MEDTRONIC AND MERCY: SHARING DATA TO IMPROVE HEALTHCARE
Real-world clinical data is key to creating more effective medical devices and improving patient health.
November 15, 2017
MILITARY VETERANS BRINGS UNIQUE SKILLS TO MEDTRONIC
As the nation pauses to honor men and women who served, Medtronic works to address veterans’ issues.
November 10, 2017
DIABETES THERAPY EARNS TOP HONORS FROM CLEVELAND CLINIC
In its annual list of up-and-coming technologies, the hospital gives the Medtronic MiniMed™670G the number one spot.
November 3, 2017
3D PRINTING: A NEW FRONTIER IN HEALTHCARE
Medtronic scientists and engineers ‘look beyond the apparent’ in pursuit of groundbreaking achievements.
October 30, 2017
PARTNERSHIP IMPROVES EFFICIENCY, REDUCES WAIT TIMES
New numbers are in - improvements at New Brunswick Heart Center are already evident since the partnership began.
October 30, 2017
NEW INNOVATION CENTER LOOKS TO ADVANCE HEALTHCARE IN CHINA
The facility will focus on expanding expertise, providing innovative training, and improving the local healthcare industry in rural parts of the country.
October 12, 2017
MICRA IMPLANTS INCREASING AT FAST RATE
More than 10,000 patients have now received the world’s smallest pacemaker.
October 6, 2017
A 'WEEKEND TO REMEMBER' FOR 2017 GLOBAL CHAMPIONS TEAM
Medtronic welcomed its inaugural Global Champions Team to Minnesota, where they were honored and participated in the Medtronic Twin Cities Marathon and Medtronic TC 10-Mile Race.
October 3, 2017
PROMOTING HEALTHY LIFESTYLES IN AND OUTSIDE THE COMPANY
As Medtronic receives national recognition for its focus on employee health, a partnership with the Minnesota Vikings is impacting the local community.
September 27, 2017
MEDTRONIC TRIES TO UNLOCK NEW SECRETSOF A REMARKABLE MATERIAL
Nitinol is 10 times more flexible than ordinary metal and a key ingredient in new, innovative devices.
September 22, 2017
SIX EMPLOYEES RECEIVE COMPANY'S HIGHEST TECHNICAL HONOR
The Bakken Society holds annual colloquium to induct new members and leads important discussions around the future of the biomedical device industry.
September 21, 2017
GET TO KNOW: PAIK SABER, MEDTRONIC VICE PRESIDENT AND CHIEF IP COUNSEL
Maximizing the impact of a global innovation ecosystem.
September 18, 2017
HELPING IN HOUSTON: EMPLOYEES STEP UP FOLLOWING HISTORIC HURRICANE
After Hurricane Harvey hit Houston, Texas, Medtronic employees took action – including one man who put work on hold and rescued flood victims trapped in their homes.
September 14, 2017
HELPING VETERANS FIND CAREERS AFTER MILITARY SERVICE
“Re-career” event is designed to help veterans translate military skills into the corporate world.
September 7, 2017
LATIN TELEMEDICINE EXPANDS, IMPACTING MORE PATIENTS
More clinics and hospitals are using telemedicine to connect patients to care when every second counts.
August 21, 2017
A SEAT AT THE TABLE
Medtronic forms first-of-its-kind Hospital IT Advisory Board – a chance for tech leaders to partner and plan for the future.
August 8, 2017
UNIVERSITY OF MINNESOTA RENAMES TWO HEALTH CENTERS IN HONOR OF MEDTRONIC CO-FOUNDER EARL BAKKEN
Earl is a U of M alum; honor recognizes his “legacy of innovation and healing.”
July 17, 2017
REPLACING AORTIC HEART VALVES WITHOUT OPEN-HEART SURGERY
FDA expands approved use of revolutionary technology.
July 10, 2017
FITNESS PRO SHARES JOURNEY WITH ADVANCED HEART FAILURE
In seemingly perfect shape on the surface, 26-year-old Andrew “AJ” Jones went from being a fitness model to fighting for his life.
July 15, 2017
Disclaimer: This page may include information about products that may not be available in your region or country. Please consult the approved indications for use. Content on specific Medtronic products is not intended for users in markets that do not have authorization for use.