PLEASE READ THIS KOWA TORIC CALCULATOR LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER") AND KOWA COMPANY, LTD. ("KOWA" or "We"), WHICH GOVERNS USER’S ACCESS AND USE OF THE KOWA TORIC CALCULATOR PROVIDED ON THIS WEBSITE ("CALCULATOR"). BY CHOOSING "ACCEPT" AT THE BOTTOM OF THIS SCREEN, USER ACKNOWLEDGES THAT USER HAS READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, USER MAY NOT ACCESS OR USE THE CALCULATOR.
This Calculator is designed to provide information related to Kowa’s toric intraocular lens for general informational purposes only. This Calculator is not intended to offer medical advice, or to be a substitute for diagnosis or treatment by medical professionals. The results obtained by this Calculator are not intended to serve as an instruction from Kowa regarding the usage of Kowa’s toric intraocular lens.
This Calculator is owned by Kowa and/or Kowa’s affiliates, and protected by Japanese copyright laws and international treaty provisions. Kowa and/or Kowa’s affiliates retain all titles, rights and interests in and to this Calculator, including copyrights, patents, trademarks, trade secrets and other intellectual property rights embodied in this Calculator.
Kowa grants to User a right to access and use this Calculator for the limited purpose of obtaining general information related to Kowa’s toric intraocular lens ("License"). This License is non-exclusive, non-transferable and non-sublicensable.
User understands and acknowledges that User may access and use this Calculator only for the said purpose, subject to all restrictions, limitations and conditions contained in this Agreement. User agrees to use reasonable efforts to prevent unauthorized use, reproduction, distribution or publication.
User may not allow any third party to access or use this Calculator. User may not make error corrections to, or otherwise adapt or modify, or create derivative works based upon this Calculator. User may not reverse engineer, decompile or disassemble the Calculator, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CALCULATOR IS PROVIDED "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, AND KOWA EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CALCULATOR, EITHER EXPRESS, IMPLIED OR STATUTERY, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR EXPRESS WARRANTIES (i) OF MERCHANTABILITY, ACCURACY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (ii) THAT THE CALCULATOR WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES, AND (iii) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
USER ACKNOWLEDGES THAT THE CALCULATOR MAY BECOME UNAVAILABLE DUE TO A VARIETY OF FACTORS, INCLUDING, BUT NOT LIMITED TO, SYSTEM MAINTENANCE, NETWORK PROBLEMS, OR TECHNICAL FAILURE OF THE CALCULATOR, ACTS OF GOD, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF KOWA).
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CALCULATOR IS AT USER’S SOLE RISK, AND USER ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE CALCULATOR TO ACHIEVE USER’S INTENDED RESULTS AND FOR THE USE OF ANY RESULTS OBTAINED FROM THE CALCULATOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KOWA AND KOWA'S AFFILIATES BE LIABLE TO USER FOR ANY PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE, OR THE INABILITY TO USE, THE CALCULATOR AND/OR RESULTS OBTAINED FROM THE CALCULATOR. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF AGREEMENT, TORT OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR KOWA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KOWA AND KOWA'S AFFILIATES’ AGGREGATE LIABILITY TO USER FOR ALL DAMAGES WILL NOT EXCEED $500.
On this website we collect information that User voluntarily enters in the course of using the Calculator, as well as information automatically collected from cookies used in this website. The type of information we may collect is:
(a) Information entered on this website by User, including information entered in input box of the Calculator (refractive power of cornea, etc.), country/language selected by User, and the results generated by the Calculator (postoperative corneal astigmatism, etc.); and
(b) Information automatically collected from cookies used in this website, including User’s URL, IP address, operating system, the type of browser being used, and referrer information (information on the webpage that sends User to this website).
"Cookies" are small files which may be stored on User’s computer or mobile devices when User visits this website. Cookie allows us to collect information about how User uses this website, and enables this website to recognize the User’s devices on User’s next visit. Except for IP address, cookies on this website do not collect any personally identifiable information, such as name or address.
We use User’s information collected on this website only for the following purposes:
(a) for network security; and
(b) for analysis of web traffic.
User can disable cookies by changing the setting on User’s browser. However, if User uses User’s browser settings to disable cookies, User may not be able to utilize all or parts of this website.
Kowa may, in its sole discretion, change, suspend or discontinue the Calculator or any other contents on this website at any time without notice.
Kowa may, with or without notice to User, terminate this Agreement at any time if User violates the terms of this Agreement.
This Agreement is governed by and construed in accordance with the laws of Japan. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
In the event that a court or other tribunal of competent jurisdiction finds any provision of this Agreement is illegal or unenforceable, such provision shall be severed from this Agreement and the remainder of this Agreement shall continue in full force and effect.