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Medtronic, Inc. (“Medtronic”) offers RemoteView, which permits a user (“Programmer User”) of the Medtronic CareLink® 2090 Programmer (“Programmer”) to allow the viewing of information presently displayed on the Programmer screen with one or more individuals in remote locations anywhere in the world (“Remote Viewer”), including remote health care professionals or Medtronic representatives.
Limited License Grant. You are hereby granted a nonexclusive, nontransferable, terminable, nonassignable, nonsublicensable, limited license to install and use a copy of the Licensed Software solely for authorized and legitimate purposes. You may not otherwise copy, use, modify, reverse engineer, decompile, disassemble, create derivative works based on, or integrate with other systems or programs the Licensed Software without the prior written consent of Medtronic. You shall have sole responsibility for any fees or charges, including service or data charges, incurred by you in connection with your use of the Licensed Software. You shall not remove any proprietary or other legend or restrictive notice contained or included in the Licensed Software or other documentation associated with such Licensed Software. You agree to maintain any and all copyright, trademark, and other notices on the Licensed Software and any associated documentation.
Licensed Software Functionality and Data Use, Collection, Viewing, and Transfer.
“Active Remote Viewer” as referred to herein shall mean a Remote Viewer that has installed the Licensed Software and has at the relevant point in time an active network connection to a Medtronic server via the Licensed Software.
By installing or using the Licensed Software or clicking any acceptance button in connection with this Agreement, you acknowledge, understand, agree to, and consent to all of the following, including when you are an Active Remoter User:
) Registration. To obtain access to the Licensed Software, you must register at the Medtronic RemoteView website and establish a user name and password. All information that you provide in connection with such registration must be complete, accurate, and truthful. The user name and password are personal to you and must not be shared with anyone else. You will also not attempt, directly or indirectly, to disable, bypass, or defeat any password protection associated with the Licensed Software. Medtronic reserves the right to deny or disable any user name or password or request for any user name or password.
) Your Personal Information. Medtronic will collect information in connection with your registration and installation and use of the Licensed Software, including your first and last name, your email address, a selected security question(s) and your corresponding answer(s), your address, and your telephone number. You agree that Medtronic may store this personal information about you on a Medtronic server, including a server located in the United States of America.
) Session Key. To view the information on the Programmer, the Remote Viewer must generate a Session Key that must be shared with and entered by the Programmer User. “Session Key” as used herein means a unique token active for a limited period of time generated by the Remote Viewer. You agree not to share this Session Key with anyone other than the Programmer User who has initiated the specific session.
) Logging of Session Activity. Each time you log in to the Licensed Software, Medtronic will collect information about your activity, including in an aggregated log or database, regarding you and your session, including your name, username, computer name, IP address, operating system details, and session details (including transferring and sharing activity, start and end times, view only or control activity, and any chat messages between or among any Active Remote Viewers. You agree that Medtronic may store any personal information about you on a Medtronic server, including a server located in the United States of America.
) Active Remote Users. When you are an Active Remote Viewer: (1) you will be able to view the name and/or user name of any other Active Remote Viewer who is logged into the same Medtronic server; and (2) any other Active Remote Viewer who is actively logged into the same Medtronic server will be able to view your name and/or user name. The Licensed Software also permits one Active Remote Viewer to share the information being viewed to any other Active Remote Viewer. You must not share any information from the Medtronic programmer, including with any other Active Remote Viewer, absent the express permission from the Programmer User that is allowing you to view the information.
) Availability. Medtronic has limitations on the number of users that can concurrently log in to the Licensed Software at any given time. Thus, installation of or accessing the Licensed Software does not guarantee that it will be available to you for use at any time.
Permissions. By installing and using the Licensed Software, you represent that you have permission to do so from any associated clinic, hospital, or medical practice and that your use of the Licensed Software complies with any policies or requirements of such associated clinic, hospital, or medical practice. You are also responsible for confirming that the Programmer User has obtained any necessary patient consent before allowing you to view any patient information via the Licensed Software.
Your Acknowledgements. You acknowledge that the Licensed Software is not the exclusive method of viewing information from the Programmer and that the Licensed Software is not the exclusive method by which to obtain a patient’s implanted cardiac device data, including any data on the Programmer. You also acknowledge that the Licensed Software is not intended to be used as a life-sustaining or interventional tool during medical emergencies. You further acknowledge that Medtronic is not, and shall not be deemed to be, a provider of patient health care services by virtue of its provision of access to the Programmer screen information via the Licensed Software. You also acknowledge that information from the Licensed Software is not an electronic medical record and use of the Licensed Software does not in any way relieve you from using your best medical judgment to determine a proper course of treatment for patients.
Security/Privacy of Patient Data. Your use of the Licensed Software and any Session Keys shall be solely for legitimate and lawful purposes and not for any malicious purpose. You are solely responsible for and will use your best efforts in maintaining the confidentiality and security of any copies of the Licensed Software as well as any user name, password credentials, and any Session Keys that can be used in accessing the Licensed Software, a Medtronic server, or any information from a Programmer. You are solely responsible for and will use your best efforts in keeping any patient information you may receive or view in connection with the Licensed Software confidential and secure, and you will not attempt to capture or copy any patient information you view in any electronic or hard copy format without the express permission of the Programmer User. You will be responsible for any obligations or liabilities associated with any lost, stolen, or otherwise compromised patient information.
Reporting Issues and Feedback. You agree that you will report any issues or questions, technical or otherwise, regarding the Licensed Software promptly and directly to Medtronic. If you submit any comments or ideas to Medtronic, in the absence of a separate agreement regarding such submissions, you grant to Medtronic an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such ideas in any medium and agree that Medtronic is free to use them for any purpose. In addition, Medtronic has no obligation to provide continued maintenance and support to you in connection with the Licensed Software. Any maintenance and support services provided by Medtronic shall be at Medtronic’s sole discretion.
Limitations of Liability.
THE LICENSED SOFTWARE IS PROVIDED TO YOU “AS IS,” AND MEDTRONIC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. MEDTRONIC DOES NOT WARRANT THAT THE USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
Legal Compliance. You shall at all times use the Licensed Software in compliance with all applicable laws. You shall ensure that your installation and use of the Licensed Software complies with all applicable export and import laws, regulations, orders, and policies of the United States of America and any other applicable jurisdiction. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Term, Termination, Modifications, and Support. This Agreement shall be in effect from the date when you first install or use the Licensed Software. Medtronic may modify, amend, or terminate this Agreement at any time, including by providing notices or an updated version of this Agreement on a Medtronic website. Medtronic may modify, disable, or terminate your use or Medtronic’s support of the Licensed Software at any time, including by providing notices on a Medtronic website. All obligations which are ongoing in nature shall survive termination or expiration of this Agreement. At any time upon Medtronic’s request (including via a notice on a Medtronic website), you agree to promptly delete and terminate use of any and all copies of the Licensed Software. In addition, upon Medtronic’s request, you agree to provide written verification that you have destroyed all copies of the Licensed Software together with the manner, date, and time of such destruction.
NayaMed International Sárl Customers: Whether the RemoteView feature shall be used in connection with NayaMed customers or devices shall be solely within the discretion of NayaMed International Sárl. If the Licensed Software is used connection with NayaMed customers or devices, this Agreement shall be directly between you and NayaMed with respect to those uses.
October 2018 - Medtronic co-founder Earl E. Bakken, a pioneer in medical technology whose inventions impacted the lives of millions of people around the world, passed away Sunday in Hawaii. He was 94 years old.
“All of us at Medtronic are saddened today by the news of Earl’s passing,” said Omar Ishrak, chairman and CEO of Medtronic. “Earl was a true pioneer in healthcare and his vision of using technology to help people still inspires us today. We are privileged to continue the work that he started over 60 years ago and we remain fully committed to all six tenets of the Mission that he crafted so many years ago.”
Earl was a true pioneer in healthcare.– Omar Ishrak
Bakken turned a childhood fascination with electricity into Medtronic, the world’s largest medical device company. Along with brother-in-law Palmer J. Hermundslie, Bakken founded the company, which grew from a struggling operation in a Minneapolis garage to a multinational medical technology corporation. In the late 1950’s, Bakken developed the first external, wearable, battery-powered, transistorized heart pacemaker, and commercialized the first implantable pacemaker in 1960. Medtronic grew rapidly from there; today its medical products and devices improve the lives of two people every second.
And it all started because young Earl Bakken was fascinated by Frankenstein.
I had an uncle who was an electrician, and he kept telling my mother, ‘you’ve got to stop that child from playing with that electricity, he’s going to kill himself.– Earl Bakken
In the early 1930’s, at age eight, Bakken and his friends regularly attended Saturday matinee movies at the Heights Theatre in Columbia Heights, Minn., not far from the present day operational headquarters of Medtronic.
He remembered being captivated by actor Colin Clive’s portrayal of the mad scientist. “What intrigued me the most, as I sat through the movie again and again,” Bakken later recalled, “was the creative spark of Dr. Frankenstein’s electricity. Through the power of his wildly flashing laboratory apparatus, the doctor restored life to the un-living.”
By age 9, Bakken’s fascination with electricity led to a phone system stretching across the street to a friend’s house. Later, among his many childhood inventions, he built a radio from a crystal set and a five-foot-tall robot that could blink and speak.
At his confirmation in 1937, the minister told young Bakken to “use science to benefit humankind,” and that message resonated with him the rest of his life. “I recognized later that was my spiritual calling,” Bakken said in 2008.
After serving as a radar instructor in World War II, Bakken earned a degree in electrical engineering at the University of Minnesota.
In grad school, Bakken did part-time work repairing delicate lab equipment at Northwestern Hospital in Minneapolis. Demand for his services grew, and on April 29, 1949, Bakken and Hermundslie formed a business partnership and called their company Medtronic.
My satisfaction, and I think the satisfaction and success that a lot of our people at Medtronic feel, is the success we have had in seeing patients restored to full life.– Earl Bakken
The business struggled, but while servicing medical equipment, Bakken and Hermundslie built relationships with doctors at university hospitals in Minneapolis. There they met C. Walton Lillehei, a young staff surgeon who would later become famous for pioneering open-heart surgery. Following a blackout in the Twin Cities that caused the death of an infant, Lillehei asked Bakken to come up with a solution. He responded by adapting a circuit described in Popular Electronics magazine to create the first external wearable, battery-powered pacemaker, replacing the large, alternating current-powered pacemakers that were in use at the time.
They expanded services to other medical technology. Then in 1960, the first implantable pacemaker was implanted in a human patient. Bakken and Hermundslie reached a licensing agreement with the inventors, giving their small company exclusive manufacturing and marketing rights to the device, and Medtronic took off.
Earl Hatten was employee number eight at the tiny company. “The thing I liked about Mr. Bakken, and the thing that I think helped Medtronic grow was that he had the ability to pick good people to do a job and then he got out of their way and let them do their job. A lot of CEOs can’t do that and the companies don’t grow,” Hatten said.
Through the decades that followed, Medtronic grew exponentially, refining its heart devices and expanding into other medical businesses such as diabetes treatment, brain surgery and spine therapy. The company now employs more than 86,000 people around the world.
Bakken was at the helm for 40 years, retiring as Medtronic chairman in 1989.
“We didn’t set out to be the world’s largest medical device company,” Bakken said. “We just wanted to make a lasting positive change in patients’ lives.”
Bakken maintained close contact with the company throughout his retirement, and his legacy within Medtronic will forever be the Medtronic Mission.
In 1960, Bakken wrote a mission statement for Medtronic that has remained intact, word for word, ever since. In part, it reads: “To contribute to human welfare by application of biomedical engineering in the research, design, manufacture and sale of instruments or appliances that alleviate pain, restore health and extend life.”
Earl is one of the greatest visionaries in the history of medicine.– Bill George
“Earl always had a vision of healthcare of not being about devices, about drugs, but about restoring people to full health," said former Medtronic CEO Bill George. “And so from the very start he was focused on not implanting a device, but enabling people to live a full active life and he delivered that point of view to all Medtronic employees through The Mission. Earl is one of the greatest visionaries in the history of medicine,” George said.
In retirement, Bakken set out to fulfill that mission in new ways.
In 1975, he founded The Bakken Museum, a nonprofit library, museum and education center in Minneapolis. The Bakken Museum is devoted to the history of electricity and magnetism and their uses in science and medicine.
In 1994, Bakken built a home in Hawaii, where he became Chairman of the Board of Directors of the Five Mountain Medical Community as it developed the North Hawaii Community Hospital.
He helped to establish Tutu’s House, a community resource center promoting careers, education, and effective health outcomes, and the Kohala Center, which concerns itself with scientific resources an education.
Bakken was also involved in several other philanthropic ventures include the Na Kalai Waa Moku O Hawaii, Friends of the Future, and the Imiloa: Astronomy Center of Hawaii.
A lifelong aspiration came true for Bakken in 2013, when Medtronic Philanthropy launched The Bakken Invitation to honor people who received medical devices, and who made an impact on the lives of others, through service and volunteerism. Bakken, who in his later years became a medical device patient, with a pacemaker, coronary stents and insulin pump, was fond of asking patients what they planned to do with their gift of “extra life.” Each year Bakken met with the honorees. “Their stories are a powerful reminder that we can all give back-no matter our current situation," he said after meeting them in 2014.
Every year in December, Medtronic employees gather to mark another Bakken inspiration — the employee holiday program. The company invites patients from all over the world to share their stories of how medical technology has improved their lives. Hundreds of employees fill the Medtronic conservatory for the event, while thousands of others listen or watch via Medtronic TV.
To be around him is inspiring.– Ron Brown
Ron Brown, who received his first Medtronic pacemaker in 1972, was among the first patients to speak at the holiday program. Every year for 40 years, Bakken read Brown’s Christmas letter to the assembled employees. Brown and Bakken, patient and inventor, became friends.
“The man has been an inspiration for so many young people,” Brown said in 2014. “I mean — to be around him is inspiring. You know that he’s constantly thinking and trying to solve problems and when he was developing the company, when he formed it, his thought of better health was always on his mind. And that inspiration for others to develop that idea is as great as what he accomplished.”
In his later years, Bakken was asked to reflect on his legacy. “When you put it all together and you see a person fully restored – physically mentally, spiritually – from what we have done. What better career could anyone think of?” he said.
Medtronic will host a program for employees to celebrate Bakken’s life and accomplishments. A date has not yet been set.
Bakken was born to Florence and Osval Bakken on January 10, 1924, in Minneapolis, Minnesota. He is survived by his wife, Doris J. Bakken, sister Marjorie Andersen of Avon, IN, children Wendy Watson and husband Warren of New Brighton, MN, Jeff Bakken and wife, Linda Shaw of Orono, MN, Bradley Bakken and wife Mary of Orono, MN, Pamela Petersmeyer and husband Jeff of Prior Lake, MN, step-children Ramona West of Waikoloa, HI, and David Marshall and wife Linda of Rice, MN, eleven grandchildren, three step-grandchildren, and eight step-great-grandchildren.
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