Agreement for the use of the Extranet of Ypsomed

1. Validity

1 Ypsomed AG and its affiliated companies (hereinafter “Ypsomed”) operate an Extranet accessible via the public Internet (hereinafter: “the Extranet”). This Agreement applies between you, as user of the Extranet, and Ypsomed as its operator, and governs the conditions for the use of the Extranet. By registering as user and logging on to the Extranet, you recognise the conditions of this Agreement as binding. Additionally, unless this Agreement stipulates otherwise, the conditions of the Terms of Use for Internet pages of Ypsomed AG as displayed and updated from time to time on the Extranet apply, which are integral Part of this Agreement.

2. Access protection

1 Access to the Extranet is password-protected. Your password is personal and you may not disclose it or make it available to anyone. The use of other users’ passwords is prohibited.

2 If you have reason to suspect that your password has been disclosed or made available to third parties, you must inform Ypsomed immediately (via email hotline@ypsomed.com). Until your account is deactivated by Ypsomed, you bear sole responsibility for the use or abuse of your password.

3 You are permitted to use Extranet only within the access rights granted to you by Ypsomed. Any use going beyond that and attempt to that effect is prohibited.

4 Ypsomed can, in the event of breach of the conditions of this Agreement or to avoid possible misuse, at any time and without prior notice, block the user’s access to the Extranet and deactivate accounts.

3. Operation of the Extranet via Ypsomed

1 The Extranet is essentially available the entire year, 24 hours a day. However, Ypsomed guarantees neither error-free nor uninterrupted operation of the Extranet nor uninterrupted connection of the same to the Internet.

2 Ypsomed takes data protection and backup precautions for the existing data on the Extranet. These are to be understood as supplemental measures and you are solely responsible for taking necessary data protection measures for the data which you have uploaded on the Extranet.

3 Ypsomed also takes measures to protect the Extranet from negative external influences (viruses, other harmful programs and files, unauthorised access, etc.). However, Ypsomed cannot guarantee that these measures are effective in every case, and therefore you cannot depend on these measures to protect your own equipment and data. You remain responsible for taking your own measures against negative external influences.

4. Content on Extranet

1 In addition to content provided by Ypsomed (text, images, photos, graphics, links, etc.), Extranet also contains content uploaded by users. Ypsomed accepts no responsibility for user content. However, Ypsomed reserves the right to remove user content from the Extranet at any time and without prior notice if Ypsomed deems this necessary, e.g. if content does not fit into the Extranet concept, is factually incorrect or illegal.

2 Each user is responsible for his use of the Extranet and his use of content uploaded by him on the
Extranet.

3 You are only permitted to upload such content on the Extranet which you have either produced yourself, or for which you have suitable permission from the authorised parties or a legal authorisation. In particular, saving content and data on the Extranet whose content is unfair or otherwise illegal, which violates third party property rights (e.g. copyrights, trademark rights) or which could harm the Extranet or its users (viruses, links to harmful websites, etc.) is prohibited.

4 Extranet users are permitted to view the content made available by Ypsomed and other users on the screen and further to only perform those acts of use which are designated as permissible, for example, if the user is allowed the option of printing or downloading content. Each and every use is also allowed only in connection with and for the purpose of continuing the business relationship existing between Ypsomed and the user and/or between the company of his employer. Each and every use beyond that, including, without limitation, every commercial use, is permitted only with the prior written consent of Ypsomed or the user who made the content in question available on the Extranet.

5. Liability

1 With regard to the use of the Extranet and the use of the content made available therein, Ypsomed is solely liable for damages caused by wilful misconduct or gross negligence by the management of Ypsomed or in case of mandatory statutory liability provisions. Subject to the previous sentence, any and all liability of Ypsomed with respect to these Internet pages, for direct and indirect damages and consequential damages, including, without limitation, loss of profit, is excluded. This exclusion of liability applies also to damages on computer equipment or programs or data of user (including, without limitation, data loss), caused by viruses or other harmful programs or by any other means.

2 You shall fully indemnify Ypsomed and other Extranet users from any third party claims based on the alleged infringement of third party rights by uploading content by you on the Extranet and/or any use of such content permitted under applicable agreements. In this case you shall, if possible under applicable procedural law, take over any litigation at your own cost, and provide Ypsomed and/or the other affected users of the Extranet all additional assistance and support in a dispute with a third party. In particular you shall fully pay on first request any damages, royalties and any other payments awarded to third parties by ruling of a court or arbitration tribunal or court or out of court settlement, as well as any court costs and legal fees including, without limitation, attorney’s fees and expenses, incurred by Ypsomed and or other users of the Extranet.

6. Data protection

1 The personal information which you provide as part of registration as an Extranet user is used by Ypsomed exclusively in relation to the operation of the Extranet and for user administration and for performing this Agreement.

2 If information about other Extranet users is made available to you, you are allowed to use said information exclusively in connection with the proper use of the Extranet, e.g. to ask another user questions concerning the content uploaded by this user.

3 With your registration as a user, you give your permission for data pertaining to you to be processed according to this Section 6.

4 Furthermore, the provisions of the Ypsomed Data Privacy Policy as displayed and updated from time to time on the Extranet apply.

7. Applicable Law and Forum

1 This Agreement shall be governed by and shall be construed in accordance with the Laws of
Switzerland to the exclusion of its principles of conflicts of laws.

2 The competent courts of the Canton Bern, Switzerland, shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement; Canton Bern being the exclusive and sole venue.

8. Miscellaneous

1 If individual provisions of this agreement are or become invalid, this will not affect the validity of the other provisions. The invalid provision shall be replaced by another provision which most closely achieves the legal purpose of the original provision.