TERMS AND CONDITIONS OF USE

The following Terms and Conditions of Use apply for the access to and the use of the intraocular lens calculator offered by HumanOptics AG (hereinafter referred to as “the web application”). By clicking the “Agree” – button, the user confirms being a member of the authorized group of users as defined in paragraph 1. and accepts the Terms and Conditions of Use.

1. Authorized users

The web application is made available for the exclusive use by trained healthcare professionals (hereinafter referred to as “User”).

2. License

Restricted to each single case of use of the web application HumanOptics AG grants each User the right to use the web application for the purpose of calculating the toric intraocular lens models: TORICA-aA/ -aAY and TORICADIFF-aA/ -aAY (hereinafter referred to as IOL).

In the context of this use, each User is entitled to enter patient data. HumanOptics AG neither retrieves nor processes or makes use of that data otherwise.

3. Purpose of the web application, Warranty

The diagnostic data calculated by the web application only serve as general information and as a first orientation guide for the User with regard to the toric intraocular lenses offered by HumanOptics AG. They may under no circumstances substitute the User’s own medical expertise and concrete diagnosis, therefore, the responsibility for the selection of the IOL model as well as the sphere and cylinder power of the IOL remains with the User.

HumanOptics AG does not accept any warranty for the unlimited availability of the web application, the correct handling by each User in each individual case or the correctness of the data calculated by the web application.

4. Liability

HumanOptics AG will not be liable for any damage arising out of or in connection with the use of the web application. This limitation of liability does not apply for

• damage from injury to life, body or health due to negligent breach of duty by HumanOptics AG or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of HumanOptics AG

• other damage arising from a grossly negligent breach of duty by HumanOptics AG or from an intentional or grossly negligent breach of duty by a legal representative of or a person used to perform an obligation of HumanOptics AG

• damage arising from intentional or grossly negligent behavior of HumanOptics AG

• damage due to breach of an essential contractual duty, i.e. an obligation that has to be fulfilled to enable the contract to be duly performed and on the satisfaction of which the User regularly relies.