TERMS AND CONDITIONS

You have chosen to engage in a remote connection with NIDEK INC's Online Remote Access Service (hereafter "Remote Service"). Carefully read the terms and conditions below INCLUDING THE LIABILITY DISCLAIMER. By accepting a remote connection with NIDEK INC's Remote Service you are representing that (i) you are of legal age and have the capacity and authority to bind yourself and your employer, if applicable, to the terms and conditions below, (ii) you are the owner, or owner's authorized agent, of the computer or equipment for which services are sought from NIDEK INC, (iii) you have read, understand, and agree to the terms and conditions below, (iv) you have read, understand, and agree to all of NIDEK INC's Online Remote Repair Service Terms and all of the Service and Diagnostic Conditions. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, INCLUDING THE LIABILITY DISCLAIMER, OR DO NOT REPRESENT THE FOREGOING, YOU WILL NOT AND MAY NOT ENGAGE IN A REMOTE CONNECTION WITH NIDEK INC OR RECEIVE SERVICES FROM NIDEK INC. Remote Service is provided at your sole risk. NIDEK INC's assistance is provided on the following terms and conditions:1. Description of Services You have requested the assistance of NIDEK INC through a remote connection to your computer. The ability for NIDEK INC to remotely access your computer significantly enhances NIDEK INC's ability to resolve your problem quickly. As used in this agreement, the term "computer" includes, but is not limited to, any products sold or distributed by NIDEK INC that are internally equipped with computers or microprocessors, and also any products sold or distributed that you and NIDEK INC agree are subject to the terms of this agreement. NIDEK INC's Remote Service includes evaluation, diagnostics, installation, setup, upgrade, repair, backup and other services on your computer. During Remote Service, NIDEK INC will allow authorized employees to use computer software for remote control of your computer, desktop sharing between computers and file transfers between computers. You understand that by requesting such assistance, you will be providing NIDEK INC with access to and control of your computer. In addition, you may be providing NIDEK INC with access to data and files that reside on your computer. Be sure to close any confidential or personal data or files that you may be working on before allowing remote access to your computer. Note: At the conclusion of a Remote Service session that is terminated by you or NIDEK INC, the data connection and all access and control between NIDEK INC and your computer is completely severed and NIDEK INC can no longer access or control your computer without explicit authorization to make a new connection. Your name and contact details provided in order to log your support request will be processed in accordance to NIDEK INC's Privacy Policy at http://usa.nidek.com/privacy-policy 2. Backup Data Prior to Remote Service During Remote Service or NIDEK INC's provision of services, data on your computer can be lost or damaged and unrecoverable. You understand and agree that it is your responsibility to (i) maintain copies of ALL data on your computer and (ii) obtain and/or make such copies and/or archives to external media PRIOR to authorizing NIDEK INC to commence Remote Service for you. NIDEK INC, INCLUDING ITS PARTNERS AND/OR AFFILIATES, IS NOT RESPONSIBLE FOR LOST, MISSING, DAMAGED, OR UNRECOVERABLE DATA THAT OCCURS DURING OR IN CONNECTION WITH REMOTE SERVICE. You agree and affirm that you have made a backup copy to external media of any and all data on your computer's hard drive that you wish to retain. 3. Anti-virus software You are responsible to provide NIDEK INC with a computer that has installed and maintained anti-virus software and to configure the anti-virus software to (i) scan the hard drive at least weekly, (ii) run in active mode, and (iii) update virus pattern files regularly (NIDEK INC recommends weekly updates). NIDEK INC WILL NOT ASSUME RESPONSIBILITY OR COMPENSATE FOR DAMAGES CAUSED BY ANY VIRUS INFECTION AND/OR MALWARE. 4. Confidentiality It is not NIDEK INC's usual practice to access customer data. Any customer data temporarily archived by NIDEK INC during Remote Service will not be shared in any manner or with any other entity or person, in accordance with applicable law regarding confidentiality of customer data. 5. Liability Disclaimer NIDEK INC WILL MAKE REASONABLE EFFORTS TO PROVIDE SERVICES IN A PROFESSIONAL MANNER. NIDEK INC MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO REMOTE SERVICE OR SERVICES PROVIDED. AS PERMITTED BY APPLICABLE LAW, NIDEK INC SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES WITH REGARD TO REMOTE SERVICE OR SERVICES PROVIDED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NIDEK INC BE LIABLE FOR ANY DAMAGES (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL), COSTS, OR EXPENSES INCLUDING BUT NOT LIMITED TO FOR (i) LOSS OF USE, (ii) LOSS OF PROFITS, (iii) LOSS, DEFECT, OR DAMAGE TO ANY SOFTWARE AND/OR DATA RESIDING IN OR RECORDED IN YOUR COMPUTER, or (iv) INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH REMOTE SERVICE OR THE PROVISION OF SERVICES UNDER ANY THEORY OF LIABILITY. YOU AGREE TO HOLD NIDEK INC HARMLESS FOR THE FOREGOING. If NIDEK INC's services involve installing software or transferring information, you represent that you have the legal right to use and/or copy the software and information, you agree to the terms of the software license, and you authorize NIDEK INC to accept software license terms on your behalf and to transfer information. 6. Certification and Acceptance By checking the box below you accept Remote Service from NIDEK INC and acknowledge that you have read, understand and agree to all terms and conditions.