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DEXCOM SHARE SERVICE END USER LICENSE AGREEMENT

Dexcom, Inc. (“Dexcom”) sells the Dexcom G4 PLATINUM Continuous Glucose Monitoring System for use by Dexcom G4 PLATINUM System Users. Dexcom makes available Dexcom SHARE for your use under the provisions of this End User License Agreement (“EULA”). By accepting this EULA during your registration for Dexcom SHARE, or by using Dexcom SHARE in any way, you agree with the terms of this EULA as the exclusive and binding contract between you and Dexcom regarding your use of Dexcom SHARE, and you and Dexcom each agree to comply with all of the provisions of this EULA.

  1. Definitions

    We use the following terms in this EULA:

    Dexcom G4 PLATINUM Documentation means any paper and electronic documentation (including without limitation, any license agreements) included with the Dexcom G4 PLATINUM System or provided, or made available, by Dexcom in connection with the use of the Dexcom G4 PLATINUM System.

    Dexcom G4 PLATINUM System means our Dexcom G4® PLATINUM Continuous Glucose Monitoring System, including a sensor, transmitter, receiver, and any accessories approved by Dexcom for use with any of the foregoing.

    Dexcom G4 PLATINUM System Users means individuals who through appropriate prescriptions have purchased and use the Dexcom G4 PLATINUM System to monitor their glucose levels.

    Dexcom SHARE means our SHARE data service that receives readings from Dexcom G4 PLATINUM Systems and provides notifications to Sharers and Followers, and includes the Dexcom SHARE Cradle and Dexcom SHARE Software

    Dexcom SHARE Cradle means the physical cradle that connects the Dexcom G4 PLATINUM System with the Sharer's Smart Device using the Dexcom SHARE App.

    Followers means family, friends and non-medical personnel who at the Sharer’s invitation subscribe to Dexcom SHARE to receive readings and threshold notifications from Dexcom SHARE relating to the Sharer’s Dexcom G4 PLATINUM System.

    Marks means names, logos, designs and other materials displayed in connection with Dexcom G4 PLATINUM Dexcom SHARE or SHARE Support Services that constitute trademarks, tradenames, service marks, trade dress or logos of Dexcom or other entities.

    Our Content means the information, artwork and other content of Dexcom SHARE and the SHARE Website.

    Our Technology means the software, code, proprietary methods, technology and systems used to provide Dexcom SHARE and SHARE Support Services, including the Dexcom SHARE Software and the Dexcom G4 PLATINUM System.

    Service Description means the most current description of Dexcom SHARE posted at www.dexcom.com/share, and when we post a new description, it replaces the prior version.

    SHARE Documentation means any paper and electronic documentation (including without limitation, this EULA) included with Dexcom SHARE or provided, or made available, by Dexcom in connection with the use of the Dexcom SHARE.

    SHARE Website means the Service Description and all other portions of our most current website at www.Dexcom.com relevant to Dexcom SHARE (including at www.Dexcom.com/share), and we when we post any new material, it replaces the prior version.

    Sharer means a Dexcom G4 PLATINUM System User who uses Dexcom SHARE.

    SHARE Support Services means the technical and customer support services that Dexcom may offer from time to time to assist you with your use of Dexcom SHARE and includes any information and materials we may provide in connection with these support services or make available in the SHARE Documentation.

    Smart Device means a smartphone or other communication device that is compatible with Dexcom SHARE and used by a Sharer or a Follower.

    Third Party Items means software, data or other items licensed to us by third parties.

    We, our, and us means Dexcom.

    You and your refers to each Sharer and/or Follower, as the context requires.

  2. Dexcom SHARE

    Dexcom SHARE is made available to Dexcom G4 PLATINUM System Users who have validly purchased and use a Dexcom G4 PLATINUM System to monitor their glucose levels. Dexcom SHARE uploads readings from the Dexcom G4 PLATINUM System and permits the Sharer to transmit readings and threshold notifications to Followers. Dexcom SHARE also permits each Follower to set measurement thresholds for readings sent to the Follower by the Sharer. Dexcom SHARE is accessed by installing the Dexcom G4 PLATINUM System receiver in the Dexcom SHARE Cradle. Using the Dexcom Follow App installed on the Follower’s Smart Device, each Follower can view the Sharer’s most recent glucose trends, receive notifications and configure settings on the Dexcom Follow App, including notification thresholds. All features of Dexcom SHARE are subject to the Service Description, and any conflict between this EULA and the Service Description is governed by the Service Description. The use of Dexcom SHARE is subject to the SHARE Documentation. The SHARE Documentation is incorporated into and made a part of this EULA, and you agree to comply with the requirements of the SHARE Documentation.

  3. Dexcom SHARE Components

    "Dexcom SHARE Software" means the 3 software components set forth below (additional detail may be included in the Service Description) and any other software necessary for the operation of Dexcom SHARE. References to Dexcom SHARE include the Dexcom SHARE Software as applicable, but we may refer separately to the Dexcom SHARE Software for emphasis.

    1. Dexcom SHARE App: Dexcom SHARE Software installed on the Sharer’s Smart Device that uploads the glucose readings from the Sharer’s Dexcom G4 PLATINUM System and sends those readings to the Dexcom SHARE Server, and receives information from the Dexcom SHARE Server.
    2. Dexcom Follow App: Dexcom SHARE Software installed on the Follower’s Smart Device that can view the Sharer’s most recent glucose trends, receive notifications and permit the Follower to configure settings in the Dexcom Follow App.
    3. Dexcom SHARE Server: Dexcom SHARE Software hosted and operated by Dexcom that receives information from the Dexcom SHARE App, stores that information for a limited period of time determined by Dexcom and triggers notifications that are sent to the Sharer’s Dexcom SHARE App and each Follower’s Dexcom Follow App.
  4. Dexcom G4 PLATINUM System

    Use of the Dexcom G4 PLATINUM System is subject to the Dexcom G4 PLATINUM Documentation. The Dexcom G4 PLATINUM Documentation is incorporated into and made a part of this EULA, and you agree to comply with the requirements of the Dexcom G4 PLATINUM Documentation.

  5. Dexcom G4 PLATINUM System User Subscription

    A Dexcom G4 PLATINUM System User may subscribe to Dexcom SHARE by submitting the required subscription information and accepting the terms of this EULA, all at the relevant portion of the SHARE Website. A subscription may also require payment as provided at the time the Dexcom G4 PLATINUM System User subscribes for SHARE, and if payment is required, Dexcom SHARE use by the Sharer and Followers is subject to payment by Sharer of the required payments. A Dexcom G4 PLATINUM System User may terminate his or her subscription by following the instructions in the Dexcom SHARE App or at the SHARE Website. A Sharer may designate one or more Followers according to the Service Description who will be invited by email from Dexcom SHARE, and through the Dexcom SHARE App may suspend or terminate Followers at any time.

  6. Followers

    A Sharer may invite any person to be a Follower other than a licensed health professional performing licensed healthcare services for the Sharer. Dexcom SHARE is not intended for use by health care professionals in the course of performing healthcare services for the Sharer. Each Follower represents that he or she is not, and during the term of his or her service as a Follower will not be, a licensed healthcare professional performing licensed healthcare services for the Sharer.

  7. Follower Subscription

    Each Follower will receive an email invitation to become a Follower, and by accepting the invitation and this EULA, the person will become a Follower. A Follower may terminate his or her Follower status at any time by canceling the Sharer in the Dexcom Follow App or by deleting the Dexcom Follow App. A Follower’s subscription will be terminated when the Sharer terminates his or her Dexcom SHARE subscription.

  8. Dexcom Support

    Dexcom may make available SHARE Support Services, and if offered will be subject to the applicable terms posted by Dexcom at our SHARE Website. In connection with our provision of SHARE Support Services, you may provide us directly or through another person with information or access to information on your Smart Device or otherwise that relates to you (and any associated Sharer and/or Follower), and you hereby authorize Dexcom to use such information and access for the purposes of assisting you (and any of your associated Sharers and/or Followers) to use Dexcom SHARE, and as otherwise permitted by our SHARE Privacy Policy. The Sharer understands and agrees that a Follower may disclose information regarding the Sharer to Dexcom in connection with SHARE Support Services as the Follower determines appropriate, and the Sharer hereby authorizes such disclosure.

  9. Dexcom G4 PLATINUM System Users Not Legally Competent

    A Dexcom G4 PLATINUM System User who is not legally competent to make decisions, may not directly sign up for Dexcom SHARE. The appropriate parent or legal guardian, conservator or other person with the legal right to act on behalf of the Dexcom G4 PLATINUM System User will complete the subscription process for Dexcom SHARE for the Dexcom G4 PLATINUM System used by a person not legally competent to make decisions. A parent or legal guardian, conservator or other person with the legal right to act on behalf of the Dexcom G4 PLATINUM System User subscribing to Dexcom SHARE for a Dexcom G4 PLATINUM System User not legally competent to make decisions represents, warrants and agrees that he or she (a) has the lawful authority to act on behalf of the Dexcom G4 PLATINUM System User, (b) will, and will ensure that the Dexcom G4 PLATINUM System User does, comply with the requirements of this EULA, and (b) will designate the Followers to be invited and all communications relating to Dexcom SHARE will come from him or her and not directly from the Dexcom G4 PLATINUM System User.

  10. Website

    Use of the Dexcom SHARE Website is subject to the Terms of Service and policies posted at our SHARE Website, and the Dexcom website located at www.Dexcom.com, and you agree to comply with the provisions of those Terms of Service and policies.

  11. Limited License

    We hereby grant to you a limited, non-exclusive, nontransferable access right to use Dexcom SHARE and the SHARE Support Services during the term of your subscription as follows, so long as you comply with the terms of this EULA:

    1. The Dexcom G4 System PLATINUM User is granted the right to download the Dexcom SHARE App onto his or her Sharer’s Smart Device and to use the Dexcom SHARE App solely as described in the Service Description and SHARE Documentation in connection with his or her use of Dexcom SHARE as a Dexcom G4 PLATINUM System User.
    2. Each Follower is granted the right to download the Dexcom Follow App onto his or her Follower’s Smart Device and to use the Dexcom Follow App solely as described in the Service Description and SHARE Documentation in connection with his or her use of Dexcom SHARE as a Follower.
    3. You may use information received from Dexcom SHARE solely for the purposes of the Dexcom G4 PLATINUM System User’s personal health.
    4. You may use SHARE Support Services solely to support the use of Dexcom SHARE by you and your associated Sharer and Followers. You agree not to use or disclose SHARE Support Services for any other reason.
  12. Exclusions

    You agree that you will not, and will not attempt to or permit anyone else to: (a) interfere in any manner with the operation of Dexcom SHARE, or the communications, network, systems, software and data used to operate and provide Dexcom SHARE; (b) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any Dexcom SHARE Software or any other portion of Dexcom SHARE or otherwise use Dexcom SHARE for the benefit of a third party (other than the Dexcom G4 PLATINUM System User); (c) modify, copy or make derivative works of any part of the Dexcom SHARE Software or any other component of Dexcom SHARE, or reverse engineer, disassemble, decompile, or translate any components of Dexcom SHARE, or otherwise attempt to derive the source code of any components of Dexcom SHARE; (d) create Internet "links" to or from Dexcom SHARE, or "frame" or "mirror" any content which forms part of Dexcom SHARE; or (e) otherwise use any portion of Dexcom SHARE in any manner that exceeds the scope of the limited license right granted above.

  13. Smart Devices

    You are required to use Smart Devices in the condition provided by the manufacturer. “Jailbroken” Smart Devices are those Smart Devices that have been modified in an unauthorized manner to permit the loading of unauthorized software. Jailbroken Smart Devices create unacceptable security risks, and you agree you will not use a Jailbroken Smart Device in connection with Dexcom SHARE.

  14. Third Party Items

    Dexcom SHARE and SHARE Support Services may include Third Party Items. Your use of Third Party Items is subject to the provisions of this EULA, except as required otherwise by the vendor. You will comply with the additional license provisions required by vendors of Third Party Items posted at www.dexcom.com/share as they are amended by us from time to time, and the most current version of such license provisions are incorporated into and made a part of this EULA.

  15. Responsibility for Others

    You agree to be responsible for any act or omission of any person that accesses any portion of Dexcom SHARE under your account, using your password or from your computer or Smart Device.

  16. Required Items and Actions

    You are required to provide and maintain all items necessary for your proper operation of Dexcom SHARE. For the Dexcom G4 PLATINUM System User, this includes the Dexcom SHARE Cradle connected to an internet capable device with browser software compatible with Dexcom SHARE, and a Sharer’s Smart Device with appropriate access to download the Dexcom SHARE App. For a Follower, this includes a Follower’s Smart Device with appropriate access to download the Dexcom Follow App. You are required to properly set up Dexcom SHARE, and ensure the proper performance of your Smart Device.

  17. Your Assurances

    You represent, warrant and agree that all information you provide to us will be true, accurate, current and complete, and you will only use Dexcom SHARE for the personal benefit of the Dexcom G4 PLATINUM System User in accordance with the Service Description and SHARE Documentation (including without limitation, this EULA). You will promptly inform us of any problems with Dexcom SHARE that you believe are resulting in inaccurate information or preventing you from using Dexcom SHARE. Dexcom SHARE is not a substitute for regular monitoring and medical care, and you will ensure that all appropriate treatment, attention and efforts are made by the Dexcom G4 PLATINUM System User and each Follower to maintain the health and wellness of the Dexcom G4 PLATINUM System User.

  18. Suggestions

    You may in your discretion provide suggestions to us for changes to Dexcom SHARE or to our other products and services, new products or services, or other ideas for our business (“Suggestions”), and we welcome Suggestions. By submitting a Suggestion, you hereby grant to us a worldwide, non-exclusive, royalty-free, fully paid-up, unrestricted, sublicenseable, transferable and irrevocable (on any basis whatsoever) license to use the Suggestion in any way we determine without any compensation, attribution, accounting or other obligation to you.

  19. Privacy Policy

    You will comply with the Dexcom SHARE Privacy Policy located at www.dexcom.com/share-privacy-information, as it is amended by us from time to time, and the provisions of the most current version of the Dexcom SHARE Privacy Policy are incorporated into and made a part of this EULA.

  20. Dexcom Terms of Use

    You will comply with the Terms of Use located at www.dexcom.com/terms-of-use, as such terms are amended by us from time to time, and the provisions of the most current Terms of Use are incorporated into and made a part of this EULA.

  21. Changes to this EULA

    We may change this EULA from time to time by posting a new version at www.dexcom.com/share-eula which is effective 3 days after posting or upon our sending you notice by email or through Dexcom SHARE. If you object to any such change, you can terminate your subscription and your use of Dexcom SHARE. Continued use of Dexcom SHARE following notice or posting of any such changes will indicate your acknowledgement of such changes and will be agreement to be bound by the revised EULA.

  22. Discontinuation of or Modifications to Dexcom SHARE

    We reserve the right to modify or discontinue Dexcom SHARE and/or SHARE Support Services at any time with or without notice to you. If you object to any such change, you can terminate your subscription and your use of Dexcom SHARE. Continued use of Dexcom SHARE following notice of any such change will indicate your agreement with such change.

  23. Third Party Offerings

    We may provide to you in connection with Dexcom SHARE the opportunity for you to receive products and services provided by third parties. We are not responsible for any such products and services, and those products and services are subject only to the terms offered by the third party provider. We provide no services, warranties or support for any such third party products and services, and you will hold only the provider and not Dexcom or any of our affiliates or any personnel of any of them responsible in connection with such third party products and services. You should carefully review their privacy statements and other conditions of use.

  24. Links

    Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and are not responsible for, these outside websites or their content. Access to any other websites linked to Dexcom SHARE is at your own risk. You should carefully review the applicable terms and policies, including privacy and data gathering practices, of any such third-party website. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

  25. Ownership

    Our Content and Technology are (1) copyrighted by Dexcom and/or its licensors under United States and international copyright laws, and all rights are reserved to Dexcom and its licensors, (2) subject to other intellectual property and proprietary rights and laws, and (3) owned by Dexcom or its licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information or restriction. Your use of our Content and Technology must at all times comply with this EULA.

  26. Suspension and Refunds

    We may decline to provide Dexcom SHARE or SHARE Support Services at any time. If your right to use Dexcom SHARE or SHARE Support Services is terminated by us for any reason other than your failure to comply with this EULA, and you have paid for the use of Dexcom SHARE or SHARE Support Services for any period of teim after such termination, we will refund amounts you have paid for any period of time after such termination. If you terminate your subscription to Dexcom SHARE or SHARE Support Services, you will not be due a refund of payments made by you prior to termination.

  27. Termination

    You may terminate your subscription and end your use of Dexcom SHARE and/or SHARE Support Services at any time. We may terminate your use of Dexcom SHARE and/or SHARE Support Services and your subscription at any time. Neither party needs any reason for its termination. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS OR SUBSCRIPTION TO DEXCOM SHARE OR SHARE SUPPORT SERVICES. AFTER TERMINATION, YOU HAVE NO FURTHER RIGHT TO USE ANY PORTION OF DEXCOM SHARE OR SHARE SUPPORT SERVICES, INCLUDING DEXCOM SHARE SOFTWARE.

  28. No Medical Services

    Dexcom SHARE is an information service and not medical services or any other licensed healthcare service. We do not monitor the information received from your Dexcom G4 System or provided to your Smart Devices, and we will not provide you with notice through Dexcom SHARE; it is up to the Dexcom G4 System User to determine whether to name Followers, what thresholds to set and how to use the features of Dexcom SHARE. Dexcom SHARE is not a replacement for the Dexcom G4 System User’s regular healthcare and health monitoring.

  29. Interruptions

    Dexcom SHARE and SHARE Support Services may be interrupted, unavailable, or even terminated, and the Dexcom G4 PLATINUM System User (and all Followers) must rely upon direct use of the Dexcom G4 PLATINUM System for the Dexcom G4 PLATINUM System User’s health monitoring.

  30. No Responsibilities

    Without limiting the provisions of this EULA or expanding the scope of Dexcom SHARE, Dexcom is not responsible for power outages, telecommunications outages or defects, unavailability of the Smart Device service, or any other impact on Dexcom SHARE outside the direct control of Dexcom.

  31. Disclaimer Of Warranties

    EXCEPT FOR THE LIMITED WARRANTY THAT IS INCLUDED WITH THE DEXCOM SHARE CRADLE, YOU AGREE THAT USE OF DEXCOM SHARE AND SHARE SUPPORT SERVICES IS AT YOUR SOLE RISK. DEXCOM SHARE, THE DEXCOM WEBSITE AND THE SHARE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEXCOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, COMPLIANCE WITH DOCUMENTATION, OR OPERATION. DEXCOM MAKES NO WARRANTY THAT DEXCOM SHARE OR SHARE SUPPORT SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT DEXCOM SHARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DEXCOM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DEXCOM SHARE, OR THAT DEFECTS IN DEXCOM SHARE OR SHARE SUPPORT SERVICES WILL BE CORRECTED. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DEXCOM SHARE OR SHARE SUPPORT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SUCH MATERIAL AND/OR INFORMATION. NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH DEXCOM SHARE OR SHARE SUPPORT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY DEXCOM IN WRITING STATING THAT IT IS INTENDED TO BE A WARRANTY.

  32. Limitation of Liability

    YOU AGREE THAT DEXCOM SHARE AND SHARE SUPPORT SERVICES ARE PROVIDED BY DEXCOM, AND ONLY DEXCOM WILL HAVE ANY LIABILITY ARISING FROM OR RELATING TO DEXCOM SHARE, SHARE SUPPORT SERVICES, THE SHARE WEBSITE OR THE DEXCOM WEBSITE OR THE SHARE DOCUMENTATION INCLUDING THIS EULA. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DEXCOM’S AFFILIATES, LICENSORS, SUPPLIERS AND OTHER CONTRACT RELATIONSHIPS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS OF DEXCOM AND EACH OF THOSE OTHER ENTITIES HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO DEXCOM SHARE, SHARE SUPPORT SERVICES, THE SHARE WEBSITE OR THIS EULA, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER. YOU ALSO AGREE THAT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEXCOM WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF DEXCOM SHARE, SHARE SUPPORT SERVICES OR THE SHARE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DEXCOM SHARE OR SHARE SUPPORT SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF DEXCOM SHARE OR SHARE SUPPORT SERVICES. THE AGGREGATE LIABILITY OF DEXCOM TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO DEXCOM SHARE, SHARE SUPPORT SERVICES OR THE SHARE WEBSITE IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF DEXCOM SHARE OR (II) ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

  33. Indemnification

    You agree to indemnify, defend and hold harmless Dexcom, its affiliates, licensors, suppliers and other contract relationships, and the officers, directors, employees, consultants, and agents of each, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) any information you submit, post or transmit through the SHARE Website, Dexcom SHARE or SHARE Support Services, (2) your use of the SHARE Website, Dexcom SHARE or SHARE Support Services, (3) your violation of the SHARE Documentation, including without limitation, this EULA, or (4) your violation of any rights of any other person or entity.

  34. Trademarks

    A list of Marks owned by Dexcom and other entities used in connection with Dexcom SHARE or SHARE Support Services is provided in the Dexcom Terms of Use located at www.dexcom.com/terms-of-use, which may be amended from time to time. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

  35. Geographical Restrictions

    Dexcom SHARE and SHARE Support Services are not available for use by persons located outside the United States, and you represent that you reside within the United States.

  36. Miscellaneous

    This EULA and the documents referred to within this EULA constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of Dexcom SHARE and SHARE Support Services, superseding any prior agreements or negotiations between you and us regarding Dexcom SHARE and SHARE Support Services. The validity, interpretation, construction and performance of this EULA will be governed by the laws of the State of California that apply to contracts entered into within the State of California and to be performed within the State of California, without giving effect to the principles of conflict of laws or choice of laws. Any dispute arising under or relating in any way to this EULA. Dexcom SHARE or SHARE Support Services will be resolved exclusively by final and binding arbitration in San Diego, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Diego, California, for any action related to this EULA, the SHARE Website, Dexcom SHARE, or SHARE Support Services. Failure to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid or unenforceable, it will be deemed modified to the minimum extent necessary to be valid and enforceable, and the remaining provisions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SHARE Website, Dexcom SHARE, SHARE Support Services or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this EULA are for convenience only and have no legal or contractual effect. We are acting as an independent contractor, and nothing in this EULA creates an agency or partnership. You may not assign your rights under this EULA without our prior written consent, and any attempted assignment will be null and void.

  37. Survival

    The terms of Sections 12-15, 18, 24-34, 36 and 37 will survive the expiration or earlier termination of this EULA or Dexcom SHARE for any reason.

  38. Contact Us

    If you have any questions about this EULA, please: (1) send us an email at CustomerService@dexcom.com; or (2) call us at 1-888-SEVENGO (1-888-738-3646) (Monday through Friday, 6 a.m. to 5 p.m. PST; Saturday, 8am to 12pm PST).

  39. Version

    This EULA is dated October 20, 2014.

US - English