1. Information about the application
ArthCoach (hereinafter the “Application”) is a personal and interactive application provided by the Sanofi-Aventis Group (hereinafter “Sanofi”). This Application is a tool designed to assist you in managing your osteoarthritis of the knee.
The Application enables you to:
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access information about osteoarthritis of the knee, its treatment, and lifestyle-related measures
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assess your knee pain and monitor its progress over time
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view examples of recommended physical exercises known to have positive effects on osteoarthritis of the knee
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set up and receive reminder notifications of your upcoming appointments with your healthcare professional
2. Using the Application
Sanofi’s purpose is not to provide you with medical advice or services. Therefore, the Application is not intended to act as a substitute for a healthcare professional or a treatment. You must, in all cases, always consult your primary physician and/or your pharmacist or healthcare professional. You should not use the information contained in the Application to diagnose your state of health and/or a problem related to your physical condition and/or an illness.
You can browse the Application and you can print content from the Application. Any content downloaded from the Application must be used exclusively for personal purposes. You may not under any circumstances use this content for other purposes, including for public or commercial purposes, without the prior written consent of Sanofi.
This Application is intended solely for personal use. Therefore, it is strictly forbidden to make additional copies of it or allow, in any manner whatsoever, other users to use the Application.
It is your responsibility to ensure that any information you save when using the Application is accurate, complete and up-to-date.
3. Intellectual property
3.1. This Application was designed by Sanofi and, therefore, the Application and all associated intellectual property rights, such as copyrights, royalties, rights related to patents, databases, trademarks, designs, logos, know-how, as well as confidential information and all other intellectual property rights (whether registered or not), associated with the Application, are protected by the laws in force and belong to (or are the subject of) a right of use granted to Sanofi or its affiliated companies.
Subject to the provisions of these Terms of Use, Sanofi hereby grants you a limited, non-exclusive, non-transferable license, allowing you to access the Application and use it.
The Application and the intellectual property rights associated with it cannot be reproduced, used or redistributed without the prior written consent of Sanofi.
You are not allowed to decompile or disassemble the Application or perform reverse engineering on the Application, or disable any feature thereof which would limit its use. You are not allowed to modify, adapt, translate, lease or sublicense, transfer, lend, resell, or distribute the Application or any of the intellectual property rights associated with it, or create works derived from the Application or any component thereof, without the prior written consent of Sanofi.
Sanofi and its affiliates reserve the right to bring any legal action against any person who is found guilty of an act of infringement of its intellectual property rights.
3.2 Sanofi uses Quicksand and Lato fonts in its Application.
The Quicksand font is protected by copyright 2013, Andrew Paglinawan (www.andrewpaglinawan.com), under the Reserved Font Name “Quicksand”. The Lato font is protected by copyright 2013, Łukasz Dziedzic (dziedzic@typoland.com), under the Reserved Font Name “Lato”.
The corresponding font software is covered by the SIL Open Font License, Version 1.1, shown in Article 9 of these Terms of Use.
4. Confidentiality
Use of the Application is subject to the creation of a user account to customize user experience and protect access to the Application data related to monitoring your knee pain. However, Sanofi does not collect or process any information or personal data about you via this Application. Any information that you save or enter when using the Application is completely private and will only be stored locally on your device without being transmitted to Sanofi.
Moreover, note that you can use the Application without having to fill out the first and last name fields of the registration form or entering your primary physician’s contact information. However, you must choose a security code (PIN code) and enter a security question, which enables you to retrieve your code.
Furthermore, during installation, the Application will access various information and features on your device.
This information and these features are:
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Information about accounts installed on your device;
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Information about the contacts saved on your device, to enable you, if you so desire, to automatically complete the contact form for your healthcare professional and send him or her the report on the progress of your knee pain;
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Multimedia features and access to storage memory, to enable generation and storage of the report on the progress of your pain on your device;
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Network and internet connectivity features, to enable the Application to receive information about osteoarthritis when this feature is enabled;
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Access to the buzzer on your phone for notifications and reminders of appointments that you have entered.
Access authorizations are required for the installation and the proper functioning of the Application. If you do not wish to grant these Access Authorizations, you will not be able to use the Application and must not install the Application, or if you have installed it, you must uninstall it.
5. Access to other applications
Use of the Application may require access to third-party applications installed on your device. Sanofi and its affiliates disclaim any liability that may result from the use of third-party applications, which the user may access from the Application. Sanofi will in no way be held liable for the unavailability of said external applications.
Use of third-party applications is at your own risk and is subject to the terms of use specific to these third-party applications.
6. Exclusion
The Application is provided “as is.” Sanofi makes no representation and gives no warranty whatsoever, regarding (i) the existence or use of the Application and/or (ii) any information or interpretation of any information stored on the Application, generated by, or received through it.
Sanofi hereby rejects and excludes all representations and/or warranties, express or implied, created by law, by contract or otherwise, including but not limited to any warranties of marketable quality or fitness for a specific purpose, property or non-infringement right.
Sanofi does not warrant that the Application is free of bugs, inaccuracies or errors, and does not warrant that it is free of viruses or other harmful components.
To the extent permitted by law, Sanofi shall in no case be held liable for damages of any nature whatsoever, including but not limited to any direct, indirect, special, consequential or incidental damages, arising from, or in connection with (i) the existence or use of the Application and/or (ii) any information or interpretation of any information stored on the Application, generated by, or received through it.
7. Pharmaceutical products and side effects
The Application is not designed to give you information about Sanofi health products. If you have questions about one of Sanofi’s products, please visit Sanofi’s website and select your country of residence in order to contact us.
Similarly, if you or someone you know has experienced side effects associated with taking a Sanofi product, please contact the local Sanofi subsidiary. To find this contact information, please visit the website of the local Sanofi subsidiary. We also recommend that you report any side effect from a drug to the Health Authority in your country.
8. Changes
You agree that Sanofi reserves the right to change the Application without notice. Such changes may require making corresponding changes to your device. These changes or failure to make changes in a timely manner might prevent or hinder your access to the Application. Sanofi will not be held liable for such effects and will not be required to provide support and maintenance services relating to the Application.
Sanofi also reserves the right to modify these Terms of Use and to impose, at any time and without notice, new or additional provisions or conditions applicable to your use of the Application. Such additional modifications and conditions will take effect immediately and will be incorporated into these Terms of Use. Your subsequent use of the Application will be considered as tacit acceptance of these Terms of Use.
9. Availability
Sanofi also reserves the right to terminate the provision of the Application at any time without notice and without you being able to claim any compensation.
10. SIL Open Font License, Version 1.1
PREAMBLE
Open Font License (OFL) aims to stimulate global development within the framework of collective projects related to fonts, to support the creative efforts of academic and linguistic communities, and to provide a free and open framework for sharing and improving fonts in partnership with other collaborators.
OFL allows free use, study, modification and redistribution of fonts covered by the license, provided that they are not sold alone. The fonts, including all works derived from them, can be grouped together, incorporated in, and redistributed and/or sold with any software, provided that no reserved name is used by the works derived from them. The fonts and the works derived from them, however, cannot be published under any license whatsoever. The requirement that the fonts remain covered by this license does not apply to any document created using these fonts or works derived from them.
DEFINITIONS
“Font Software” means a set of files published by the Copyright Holder(s), covered by this license and clearly marked as such. Such software may include source files, compilation scripts, and documentation.
“Reserved Font Name” refers to all names identified as such after the copyright statement(s).
“Original Version” describes the collection of components of the Font Software, as distributed by the Copyright Holder(s).
“Modified Version” refers to any derivative work created by adding, removing or substituting – partially or entirely – any component of the Original Version by modifying the Font Software formats or migrating it to a new environment.
“Author” means any designer, engineer, programmer or technical designer or any other person who contributed to the creation of the Font Software.
AUTHORIZATIONS AND CONDITIONS
The authorizations hereunder are freely granted to any person obtaining a copy of the Font Software to use, study, copy, merge, insert, modify, redistribute and sell modified and un-modified copies of said software subject to the following conditions:
1) Neither the Font Software nor its separate components, in the Original or Modified Version, can be sold individually.
2) The Original or Modified Versions of the Font Software can be grouped together, redistributed and/or sold with any other software, provided that each copy includes the notice of the copyright above as well as this license. The latter may be included either as separate text files, or as headers legible to the naked eye, or as metadata fields in a format that can be used by a machine in text or binary files, provided that such fields are easily visible to the user.
3) No Modified Version of the Font Software can use the Reserved Name(s) of the font without express written permission from the Holder of the corresponding Copyright. This restriction applies only to the main name of the font, as presented to users.
4) The name(s) of the Copyright Holder(s) and the Author(s) of the Font Software cannot be used to promote or advertise, or give credibility to any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s), or with their express written consent.
5) The Font Software, modified or un-modified, will be distributed, in whole or in part, entirely under this license, and may not be distributed under any other license. The requirement that the fonts remain covered by this license does not apply to any document created by using said Font Software.
END OF THE AGREEMENT
This license becomes null and void if any of the above conditions is not met.
EXCLUSION
THE FONT SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MARKETABLE QUALITY OR FITNESS FOR A SPECIFIC PURPOSE, OF NON-INFRINGEMENT, OF NON-VIOLATION OF A PATENT, A REGISTERED TRADEMARK OR ANY OTHER RIGHT. THE COPYRIGHT HOLDER SHALL IN NO CASE BE HELD LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY GENERAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES UNDER ANY CONTRACT, TORT OR OTHERWISE, WITH RESPECT TO THE USE OR INABILITY TO USE THE FONT SOFTWARE OR OTHER HANDLING OF THE SOFTWARE