1. Scope
1.1 These Terms of Use of Siemens Healthineers AG (”Siemens Healthineers”) govern the use of the internet pages provided by Siemens Healthineers AG and/or its subsidiaries (the "Siemens Healthineers Website"). Any use of the Siemens Healthineers Website is only permitted on the basis of these Terms of Use, which may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services, at the sole discretion of Siemens Healthineers. The User accepts these Terms of Use in their then current version each time when logging-in or, if a log-in is not required, when starting to use the Siemens Healthineers Website.
1.2 If the User while using the Siemens Healthineers Website acts as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or that it acts as administration customer, § 312i para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
2. Services
2.1 Siemens Healthineers offers on the Siemens Healthineers Website specific information, software and related documentation, as the case may be, for viewing or downloading.
2.2 Siemens Healthineers may at any time cease the operation of the entire Siemens Healthineers Website or parts thereof. Siemens Healthineers shall not accept any responsibility and shall not be liable for the continuous availability of the Siemens Healthineers Website.
2.3 Siemens Healthineers may deny Users access to the Siemens Healthineers Website at any time without notice and without providing reasons.
3. Registration, Password
3.1 Some pages of the Siemens Healthineers Website may be password protected. For reasons of safety and security of business transactions, only registered Users may access such pages. Siemens Healthineers reserves the right to deny registration to any User at its sole discretion. Siemens Healthineers also reserves the right to subject any part of the Siemens Healthineers Website to a registration requirement even if such part had previously been freely accessible. Siemens Healthineers shall be entitled to prevent Users from accessing one or more password-protected areas by blocking User Data (as defined below) at any time and without having to provide reasons. The foregoing in particular applies if a User
- uses a false identity for the purpose of misleading others;
- violates these Terms of Use or neglects its duty of care with regard to User Data; or
- does not use the Siemens Healthineers Website for a longer period of time.
3.2 When registering, the User shall provide accurate information, and shall inform Siemens Healthineers online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to Siemens Healthineers is current and effective for contacting the User.
3.3 The User will be provided with an access code upon registration which comprises a User ID and a password ("User Data"). On first access the User shall change the password received from Siemens Healthineers into a password known only to the User. The User Data permits the User to view or change its data or to withdraw its consent to data processing, as the case may be.
3.4 The User is liable for all transactions and other activities carried out under its User Data and shall ensure that such User Data is not accessible by third parties. The User shall log-off from all password protected websites at the end of each online session. If a User becomes aware of any misuse of its User Data by third parties, Siemens Healthineers must be informed in writing or by e-mail without undue delay.
3.5 After receipt of a notice under section 3.4, Siemens Healthineers will deny the User access to all password-protected areas under the affected User Data. Access will only be permitted again upon corresponding application to Siemens Healthineers or a new registration of the User.
3.6 The User may at any time request in writing the deletion of its registration, provided that such deletion does not impair or prevent the proper performance of a contractual relationship. Following such request Siemens Healthineers will delete all User Data and any other personally identifiable data of the User in compliance with applicable legislation as soon as such data are not required anymore.
4. Rights of Use to Information, Software and Documentation
4.1 Any use of information, software and documentation provided by Siemens Healthineers on the Siemens Healthineers Website, and of any updates thereof, (the “Siemens Healthineers Contents”) shall be subject to these Terms of Use or the applicable license terms agreed with Siemens Healthineers, provided that separately agreed license terms shall always prevail over these Terms of Use.
4.2 Siemens Healthineers grants the User a non-exclusive and non-transferable right to use the Siemens Healthineers Contents to the extent agreed between Siemens Healthineers and the User or, if there is no such agreement, in accordance with the purpose obviously intended by Siemens Healthineers in making the same available.
4.3 Software shall be made available in object code only at no expense to the User. Source code shall not be made available except for source code of open source software, if and to the extent applicable license conditions prevail over these Terms of Use and require the disclosure of the source code. In such case Siemens Healthineers shall make the source code available in return for payment of the costs.
4.4 The User shall not distribute the Siemens Healthineers Contents to third parties, or make them available in any other way. Unless required by applicable mandatory laws, the User shall not modify, disassemble, reverse engineer or decompile software or any parts thereof that are part of Siemens Healthineers Contents. The User may make one backup copy of software if required for securing its use.
4.5 The Siemens Healthineers Contents are protected by copyright laws, international copyright treaties and other laws and conventions on intellectual property and the User shall comply therewith. In particular, the User shall not remove any alphanumeric codes, marks or copyright notices from the Siemens Healthineers Contents.
4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.1 Notwithstanding the provisions of section 4 of these Terms of Use, any brand names and other Siemens Healthineers Contents made available on the Siemens Healthineers Website may not be modified, copied, reproduced, sold, rented, supplemented or used in any other way without the prior written permission of Siemens Healthineers.
5.2 These Terms of Use shall not confer any rights in copyrights or other intellectual property to the User, including rights in copyrights, brands, patents or utility models, except as expressly granted herein, and there shall be no implied obligation of Siemens Healthineers to do so.
6. Duties of the User
6.1 While using the Siemens Healthineers Website the User shall not
harm or infringe the personal rights of third parties;
breach public morality;
- infringe intellectual property or other proprietary rights;
- upload, store or distribute any contents containing malware, such as viruses, trojan horses, worms, spyware or any other malicious programs;
- upload, store or distribute hyperlinks or contents which are illegal, in breach of confidentiality obligations or which the User is not entitled to;
- distribute advertising materials or unsolicited e-mails ("spam"), including incorrect warnings of viruses, defects etc.
- solicit or request participation in any lottery, snowball system, chain letter, pyramid game or similar schemes.
6.2 If the User breaches any obligation arising from these Terms of Use, and without prejudice to any other remedies Siemens Healthineers may have, such User will immediately be denied access to the Siemens Healthineers Website.
7. Third Party Content
7.1 The Siemens Healthineers Website may contain hyperlinks to webpages of third parties. Siemens Healthineers does not control and shall not assume any responsibility or liability for the contents and information provided on such webpages. In addition, Siemens Healthineers does not endorse or make representations with respect to such third party webpages or their contents. The use of such webpages shall be at the sole risk of the User.
7.2 The Siemens Healthineers Website may occasionally contain information or data provided by third parties, such as but not limited postings in user groups. Siemens Healthineers assumes no liability whatsoever for any such third party information or data.
8. Quality or title defects
8.1 Any warranties or liability for defects of the Siemens Healthineers Contents as to quality or title, express or implied, are excluded, including warranties of correctness, completeness, merchantability and/or fitness for purpose, or of absence of third party rights, except for cases of willful misconduct, fraud, gross negligence, personal injury or death.
8.2 The Siemens Healthineers Contents may contain general descriptions of the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). Any such descriptions may not be understood as contractual warranties and the User accepts that the required performance of products shall be as agreed at the time of purchase.
9. Other Liability, Viruses
9.1 The liability of Siemens Healthineers for defects in relation to quality and title shall be determined in accordance with the provisions of section 8 of these conditions. Any further liability of Siemens Healthineers is excluded unless and to the extent required by applicable mandatory law, e.g. in cases of willful misconduct, fraud, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
9.2 Although Siemens Healthineers endeavors to keep the Siemens Healthineers Website free from viruses and other malware, Siemens Healthineers cannot give any guarantee to this effect. The User shall take all measures required for its own protection to ensure appropriate security and, in particular, use a virus scanner before downloading any Siemens Healthineers Contents. In addition, the User shall take reasonable security precautions and, in particular, use a virus scanner before uploading any contents onto the Siemens Healthineers Website.
9.3 Sections 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Export Controls
10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for Siemens Healthineers Contents, in particular with those of the EU as well as the individual EU member states and the USA. Siemens Healthineers shall label Siemens Healthineers Contents in relation to German, EU and U.S. export control lists.
10.2 The User shall particularly check and verify that
- the Siemens Healthineers Contents shall not be used for any purpose related to armaments, nuclear energy, weaponry or other military use;
- no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive goods, software or technology originating in the U.S.;
- no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive goods originating in the U.S. without permission; and
- the early warning advice notices of the respective German authorities shall be observed.
Access to software, documentation and information on the Siemens Healthineers Website shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, Siemens Healthineers shall not be obliged to perform.
10.3 Upon request Siemens Healthineers shall inform the User of the relevant contact points for further information.
11. NON-Siemens labeled products
The NON-Siemens labeled products offered in the Accessories catalog are manufactured by third party suppliers and not by Siemens Healthineers or its affiliates. The trademarks and brand names of such accessory products are owned by the respective third party supplier. Siemens Healthineers offers and sells these accessories in order to supplement its existing Healthcare products and solutions.
12. Data Privacy Protection
For the collection, use and processing of personally identifiable data of the User on or in connection with the Siemens Healthineers Website, Siemens Healthineers shall comply with applicable laws on data privacy protection and the Siemens Healthineers Website Data Protection Privacy Policy, which is available per hyperlink on the Siemens Healthineers Website.
13. Supplementary Agreements, Place of Jurisdiction, Applicable Law
13.1 Any supplementary agreement requires the written form.
13.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
13.3 Siemens Healthineers makes no representation that the Siemens Healthineers Contents offered on the Siemens Healthineers Website are appropriate or available for viewing or downloading at locations outside of Germany. If Users access the Siemens Healthineers Website from other countries than Germany, such Users are exclusively responsible for their compliance with local laws. Access to Siemens Healthineers Contents from countries where such contents are illegal is prohibited.
13.4 These Terms of Use shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.