THE BODYPORT CARDIAC SCALE AND WEB DASHBOARD ("System") IS TO BE USED FOR INVESTIGATIONAL USE ONLY. THE SYSTEM IS INTENDED TO ONLY MEASURE, RECORD, DISPLAY, STORE AND TRANSMIT DATA FROM THE BODYPORT SCALE (“Measurement Data”). THE SYSTEM IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION OR AUTOMATICALLY ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS HEALTH ISSUES. BODYPORT INC. DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE OR ANALYZE ANY INFORMATION GENERATED FROM THE SYSTEM. UPON CONFIRMATION OF ACCEPTANCE OF THESE TERMS AND CONDITIONS OR BY OTHERWISE ACCESSING OR USING THE SYSTEM, YOU (“You”) UNDERSTAND AND AGREE TO THE ABOVE DESCRIPTION OF THE SYSTEM AND AGREE AS FOLLOWS:

1. Service Account Creation and Use of the Bodyport Patient Dashboard. You agree not to share your password or your Service Account with others.

2. Acceptable Use. You will not use the Bodyport Patient Dashboard to:

• Post, transmit or display any material or information that:
  • is false, disparaging, obscene, harassing, or otherwise objectionable in BODYPORT’s discretion;
  • violates or infringes the intellectual property rights of any party;
  • contains any malicious code or automated use of the Bodyport Patient Dashboard, any component that inhibits any other user's use or enjoyment of the Bodyport Patient Dashboard, or disables or disrupts the Bodyport Patient Dashboard or any equipment or software connected to the Bodyport Patient Dashboard;
  • contains misleading indications of the origin of any content transmitted to the Bodyport Patient Dashboard;
  • solicits personnel recruitment or constitutes advertising, junk mail or any form of solicitation; or
  • promotes or commits conduct that may violate any law or regulation or result in liability;
• Use or attempt to use another user's account or password, except as expressly permitted;
• Solicit or collect personal data about other users, including contact information or names; or
• Disassemble, decompile or reverse engineer any software that is a part of the Bodyport Patient Dashboard except to the extent such activity is expressly permitted by applicable law.

3. Third-Party Web Sites. For your convenience, the Bodyport Patient Dashboard contains certain links that will redirect you to web sites operated by other organizations (“Third-Party Web Sites”). Your use of Third-Party Web Sites is strictly at your own risk and BODYPORT does not endorse the material found on such sites.

4. Changes to this Agreement and Rights to Change or Discontinue the Bodyport Patient Dashboard or Your Use. BODYPORT may change these TOU at any time by posting a subsequent version on the Bodyport Patient Dashboard. You are responsible for periodically reviewing these TOU and to discontinue your Service Account and Bodyport Patient Dashboard use if you do not agree to any such changes. Your continued use of the Bodyport Patient Dashboard following such changes constitutes your acceptance of the new TOU, regardless of whether BODYPORT notified you of the changes.You agree that BODYPORT may cease providing the Bodyport Patient Dashboard or make any changes to Bodyport Patient Dashboard features and functionality at any time and without prior notice to you. You also agree that BODYPORT may terminate your access to the Bodyport Patient Dashboard and your Service Account without prior notice to you for any reason that BODYPORT deems appropriate. If at any time you want to stop using Bodyport Patient Dashboard, delete your Service Account, and terminate your agreement to these TOU, you may do so.

5. Confidentiality and Intellectual Property Rights. The information available through the Bodyport Patient Dashboard includes confidential information and trade secrets of BODYPORT. You agree not to disclose or use such confidential information other than as appropriate in connection with your organization’s proper use of licensed BODYPORT software for its intended purpose.Except for any non-BODYPORT information you provide when creating and using your Service Account, BODYPORT owns the content and all software contained in or underlying the Bodyport Patient Dashboard. The BODYPORT-owned content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property.If you believe that any material or information on the Bodyport Patient Dashboard is an unauthorized replication of your proprietary work or otherwise infringes your intellectual property rights, please provide BODYPORT's Copyright Agent notice containing the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Bodyport Patient Dashboard site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.BODYPORT’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:By mail: General Counsel, BODYPORT Systems Corporation, 1979 Milky Way, Verona, WI 53593By email: [email protected] respects the intellectual property of others, and we ask our users of the Bodyport Patient Dashboard to do the same. BODYPORT may at its discretion limit, disable and/or terminate the access of any Bodyport Patient Dashboard users who may be infringing the intellectual property rights of others.

6. Warranty Disclaimers.  BODYPORT provides the Bodyport Patient Dashboard to you free of charge and for your convenience. THE Bodyport Patient Dashboard AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE Bodyport Patient Dashboard ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BODYPORT SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. Although BODYPORT uses data integrity and secure Internet connection technology that are generally regarded to be reliable, you acknowledge that no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. The transfer of data and information over the Internet using the Bodyport Patient Dashboard is beyond the control of BODYPORT. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE Bodyport Patient Dashboard, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR THE Bodyport Patient Dashboard.

7. Limitation of BODYPORT’s Liability. EXCEPT AS EXPRESSLY PROVIDED BELOW, BODYPORT WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO BODYPORT’S OPERATION OF THE Bodyport Patient Dashboard OR YOUR USE OF THE Bodyport Patient Dashboard. UNDER NO CIRCUMSTANCES SHALL BODYPORT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY, INCLUDING CLAIMS BASED UPON ALLEGED NEGLIGENCE BY BODYPORT. THE LIMITATIONS ON BODYPORT’S LIABILITY APPLY REGARDLESS OF WHETHER BODYPORT HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.The only damages recoverable by you under this agreement are direct damages up to the amount of money you have paid BODYPORT for Bodyport Patient Dashboard use in the 12 months preceding the event giving rise to direct damages. Currently, BODYPORT provides the Bodyport Patient Dashboard for free, so you understand that unless BODYPORT later charges for Bodyport Patient Dashboard use (and you pay BODYPORT for use prior to an event giving rise to direct damages), you are unable to recover from BODYPORT even direct damages that might arise from BODYPORT’s operation of or your use of the Bodyport Patient Dashboard. The limitations on BODYPORT’s liability in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.If any provision in this agreement limiting BODYPORT’s potential liability is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable limits that would preclude or limit the same liability, and to the extent any liability against BODYPORT might exist because of such a determination, that liability shall be capped at the lesser of: (i) $100 in total or (ii) the actual amount of the damages determined to be recoverable.

8. Indemnification of BODYPORT by You. You agree to defend, indemnify and hold BODYPORT harmless from any third-party claims arising out of or related to your use of the Bodyport Patient Dashboard.

9. Governing Law and Jurisdiction. This agreement shall be governed by and construed under the laws of the State of Delaware, without regard to that State’s conflict of laws principles. You agree that the state and federal courts located in Dane County, Delaware shall have exclusive jurisdiction over any claim or action under this agreement or related in any way to BODYPORT’s operation or your use of the Bodyport Patient Dashboard, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that BODYPORT may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement or your use of the Bodyport Patient Dashboard.

10. Survival of Terms and Severability. If BODYPORT chooses to discontinue the Bodyport Patient Dashboard or your use thereof, or you choose to discontinue your use of the Bodyport Patient Dashboard and delete your Service Account, then this agreement and your right to use the Bodyport Patient Dashboard terminate, but Sections 5 through 11 will continue in effect after termination of this agreement. All provisions of this agreement are intended to apply to the maximum extent permitted by law. If any provision (or part thereof) is held to be invalid or unenforceable by any proper court or authority, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You agree that any provision (or part) so removed shall be replaced with a provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.

11. Entire Agreement. This agreement constitutes the entire agreement between you and BODYPORT regarding the Bodyport Patient Dashboard and supersedes all prior agreements, representations or understandings respecting the Bodyport Patient Dashboard. Notwithstanding the previous sentence, if you are, or are employed by, a person or entity other than an organization that has licensed BODYPORT’s software, this agreement does not supersede any prior written agreements respecting the Bodyport Patient Dashboard (including electronic agreements), but instead supplements any such prior written agreements which continue in full force an effect (and to the extent there is a conflict between this agreement and such prior written agreement, the terms of the prior written agreement will control). Nobody, including any representative of BODYPORT, is authorized to make any changes or modifications to the terms of this agreement other than changes that are instituted through the authorized posting of subsequent versions of this agreement on the Bodyport Patient Dashboard. You are not entitled to act or rely on any representations to the contrary. A failure by BODYPORT to enforce any provision of this agreement, or a waiver by BODYPORT of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.