Content Submission Agreement

Welcome to the Global Diabetes Handprint Program. If you want to submit any content, specifically your virtual hand, story and photograph, to the Global Diabetes Handprint Program website (the "Website"), you must enter into this Agreement without change. As used in this Agreement, "we," "our," "us," or ?Global Diabetes Handprint Program" means LifeScan, Inc. (including its affiliates) and "you" means the individual submitting materials to the Website.

1) Definitions. As used in this Agreement, (a) "Materials" means all content that you submit to the Website, including all text and images, and (b) "Media" means any means of conveying information, whether now known or hereafter devised, including, but not limited to, websites, banner ads, print advertisements, television, packaging and promotional materials.

2) Eligibility. The Website is limited to people 13 years of age and older. Children under age 13 may not submit Materials to the Website. Further, you may not submit any personally identifiable information of or about any child under the age of 13.

3) Restrictions. You may submit Materials only if:

• * the Materials are not illegal; pornographic, obscene, vulgar or indecent; threatening or harassing; libelous, defamatory, tortuous; or racially, ethnically or otherwise objectionable;
• * the Materials do not harm anyone's reputation, or invade anyone's privacy,
• * the Materials are your own original work and do not contain (a) political campaign material, (b) commercial solicitation, or (c) logos, trademarks, copyrights, or other material that belongs to someone else;
• * the Materials do not harm minors or anyone else in any way; and
• * you do not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone as to the origin of the Materials. You agree that you will not post, e-mail or otherwise transmit Materials to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4) Our Ownership of Materials. By submitting Materials, you assign to LifeScan, Inc. all rights in and to the Materials. You understand and acknowledge that you have no rights in the Materials once you submit them to the Website and that we may, in our sole discretion, reproduce, modify, translate, create derivative works from, distribute, transmit, publicly display and otherwise use or license the Materials, in whole or in part, in any manner and Media without restriction.

5) Right to Use Name and Likenesses. By submitting Materials, you grant us the irrevocable permission to use and license all the names and likenesses of any individuals that appear in the Materials or that you submitted in connection with the Materials throughout the world in any manner and Media without restriction.

6) Submitted Ideas. All comments, suggestions, ideas, notes, concepts, or other information disclosed or offered to us by you through this Website or in response to solicitations in this Website or in other media shall be deemed and shall remain our property. You understand and acknowledge that we have both internal resources and other external resources that may have developed or may in the future develop ideas identical to or similar to the suggestion or comments to suggestions, including, but not limited to, ideas, notes, concepts or other information, and that we are only willing to consider the suggestion(s) ideas, notes, concepts or other information on these terms. In any event, any suggestion, idea, note, concept or other information is not submitted in confidence and we assume no obligation, express or implied, by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the suggestions, ideas, notes, concepts or other information of every kind and nature throughout the Universe and shall be entitled to unrestricted use of the comments for any purpose whatsoever, commercial or otherwise without compensation to the provider of the suggestions, ideas, notes, concepts or other information.

7) Representations, Warranties and Indemnities. You represent and warrant to LifeScan, Inc. (including Johnson & Johnson Services, Inc. and its affiliates) and AOL LLC and other agents, that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the rights set forth in Paragraphs 4, 5 and 6 above; (b) you will comply fully with all terms of this Agreement; (c) the Materials submitted to the Website by you, and LifeScan, Inc.?s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right of any third party, including but not limited to trademark rights, copyrights, moral rights and privacy or publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials by LifeScan, Inc. as permitted hereunder; (e) the Materials do not violate the restrictions in paragraph 3 above; and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold LifeScan, Inc. (including Johnson & Johnson Services, Inc. and its affiliates) and AOL LLC and other agents, harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.

8) No Obligation. Although we have the right to include the Materials in the Website or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Materials or temporarily or permanently remove them from our Website at any time.

9) Changes to Agreement. We reserve the right to change any of the terms of this Agreement or the Website at any time in our sole discretion. All changes will be effective upon posting to the Website.

10) Communications. LifeScan, Inc. may communicate with you in connection with your Materials, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the the Website or by any other means.

11) DISCLAIMER. LIFESCAN, INC. (INCLUDING JOHNSON & JOHNSON SERVICES, INC. AND ALL AFFILIATES THEREOF) AND AOL LLC WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR USE OF THE WEBSITE, WHETHER IN CONTRACT OR IN TORT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THESE LIMITATIONS ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LIFESCAN, INC. (INCLUDING JOHNSON & JOHNSON SERVICES, INC. AND ALL AFFILIATES THEREOF) AND AOL LLC SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

12) Miscellaneous. This Agreement will be governed by the laws of the United States of America and the State of California, without regard for conflict of laws provisions. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.