mysynviscone.careform.netSYNVISC® Hylan G-F 20 and Synvisc-One - For HCPs

Returning User User ID Forgot your User ID? Password Forgot your password? Login × Terms of Use MYSYNVISCONE TERMS OF USE Please note: These Terms of Use do not replace or change the HIPAA Business Associates Agreement (BAA) currently in place between your practice and Careform LLC. These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability. Please review these Terms of Use in their entirety. THIS IS AN AGREEMENT BETWEEN YOU ("Licensee", “you”, “your”) AND CAREFORM LLC, LP AND CAREFORM LLC (collectively, "Careform LLC", “we”, “our”). BY USING THE CAREFORM LLC WEB PORTAL OR MYSYNVISCONE SOFTWARE AND/OR SERVICES (“PRODUCT”) AND/OR ACKNOWLEDGING ANY ACCEPTANCE OF THESE TERMS OF USE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. Careform LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Product after the posting of changes to these Terms of Use will mean you agree to abide by those changes. Any amendment to these Terms of Use by you must be agreed to by Careform LLC in writing. Program Enrollment/Product License 1. ENROLLMENT IN PROGRAM. By using this Product, including the Software, and Hardware defined below, Licensee enrolls in the MYSYNVISCONE Program (the "Program"). While enrolled in the Program, Licensee is granted a limited license, as described below, to use the Product solely for the purpose of tracking SYNVISC products and inventory and for certain benefit investigation and fulfillment services, if applicable. The Product cannot, and Licensee agrees will not, be used for tracking other pharmaceutical products or otherwise as an inventory system. There shall be NO payment due to Careform LLC from Licensee under these Terms of Use including for usage of the Product and for support and services provided by Careform LLC related to the Product hereunder. The Product is only intended for use by U.S. residents. Licensee acknowledges and agrees that the costs for the Product are part of the costs for the purchase of SYNVISC products as part of the Program. Enrollment in the Program shall be ongoing until identified as terminated (for any reason or no reason) by Careform LLC or sanofi-aventis U.S., LLC or its affiliates or subsidiaries (“Sanofi”). 2. GRANT OF LICENSE. Licensee is granted a limited license to use the Product, which includes certain Software and Hardware, as defined below, solely in connection with the Program as long as Licensee remains a participant in the Program. Careform LLC reserves all rights not expressly granted to Licensee (i) Software - Subject to the foregoing, Careform LLC grants Licensee a non-exclusive, non-assignable, and non-transferable license to use Careform LLC' software program(s) as provided through the Product and its accompanying documentation (all hereinafter termed the "Software") subject to the terms herein. (ii) Hardware - Subject to the foregoing, Careform LLC grants Licensee a non-assignable and non-transferable license to use any Careform LLC provided scanners (RFID, barcode or otherwise) (the "Hardware") for use with the Software during Licensee's participation in the Program. Careform LLC may create, from time to time, updated versions of the Software. Careform LLC reserves the right to make changes to or improvements in any aspect of the Software at any time without prior notice to Licensee and without an obligation to supply such changed and/or improved Software to Licensee. 3. OWNERSHIP OF PRODUCT; DATA. The Product, including the Software accessible through the Product, and all intellectual property rights included in or associated with the Product, including but not limited to patents, copyrights, trademarks and service marks, are owned or licensed by Careform LLC, and all right, title and interest in and to the Product remains with Careform LLC or its licensors. Except as ordinarily occurs when a content is downloaded to your computer in the normal course of operations, material from the Product may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Product or in the content. As between Careform LLC and Licensee, ownership of Licensee’s customer and clinical data is with Licensee as set forth in that certain Business Associate Agreement (“BAA”) between Careform LLC and Licensee; provided that Careform LLC shall have the rights to use data as specified in the governing BAA between Careform LLC and Licensee. 4. ADDITIONAL TERMS. If Licensee is accessing these Terms of Use from an administrator account, then Licensee hereby represents and warrants that Licensee is acting on behalf of the [clinic] entity employing/engaging Licensee, and that such entity is bound by all of the terms set forth herein, including but not limited to the Additional Terms set forth in Exhibit A below. 5. USE RESTRICTIONS. Licensee may not distribute copies of the Software to others. Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Product without the prior written consent of Careform LLC. Licensee is only permitted to use the Product as specified herein. 6. ASSIGNMENT AND TRANSFER RESTRICTIONS. The Product is licensed only to the Licensee and may not be transferred or assigned to anyone without the prior written agreement of Careform LLC. Any authorized transferee or assignee of the Product shall be bound by the terms and conditions of this Agreement. In no event may Licensee transfer, assign, rent, lease, sell, or otherwise dispose of Product, in part or in whole, on a temporary or permanent basis except as expressly provided herein. 7. LICENSEE COMPLIANCE; INDEMNITY. Licensee represents that all of Licensee's operations within the Program are in full compliance with all applicable Federal, State, and Local laws and regulations, including those required by HIPAA. Licensee shall be solely responsible for the supervision, management, and control of Licensee's use of the Product, and related products and documentation. ALL INVENTORY INFORMATION, PATIENT AND/OR USER INFORMATION IN THE PRODUCT IS PROVIDED BY AND THROUGH LICENSEE AND CAREFORM LLC SHALL HAVE NO LIABILITY FOR ANY SUCH INVENTORY INFORMATION (INCLUDING ALL BAR CODE INFORMATION) AND/OR THE ACCURACY OR INACCURACY OF SUCH INFORMATION. Licensee hereby indemnifies and holds harmless Careform LLC, Sanofi, and their respective affiliates, officers, employees and agents (the “Indemnified Parties”) from and against any loss, liability, damages, costs, or expenses suffered or incurred by the Indemnified Parties at any time as a result of any claim, action, or proceeding arising out of or relating to: (i) Licensee's use, operation, or implementation of the Product; (ii) Licensee’s breach of any provision of these Terms of Use; (iii) medical care provided (or any failure or omission to provide care) to any patient in your system even if the Product is used in connection with such care; and/or (iv) any negligence (gross or otherwise) or willful misconduct of Licensee. 8. TERMINATION. These Terms of Use are effective until terminated. Upon termination, the Licensee shall cease all use of the Product. Upon termination of these Terms of Use, Licensee shall additionally return the Hardware to Careform LLC within five business days. Careform LLC reserves the right to send an agent to the place of business of the Licensee to retrieve the Hardwar...