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Siemens Healthineers MedMuseum

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Terms of Use

1. Scope
The use of the internet pages under the url “medmuseum.siemens.com” (“Web Site”), is only allowed on the basis of these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. By starting the use of the Web Site, these Terms of Use are accepted in their then current version.


2. Services
2.1 The Service Provider offers on the Web Site specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2 The Service Provider may stop the operation of the Web Site in full or in part at any time. Due to the nature of the internet and computer systems, the Service Provider cannot accept any liability for the continuous availability of the Web Site.
2.2 The Web Site serves information purposes only and cannot substitute medical advice, examination and diagnosis by a physician. The information provided on the Web Site must not be used for self-diagnosis and/or self-medication.


3. Rights of Use to Information, Software and Documentation
3.1 The use of any information, software and documentation provided on the Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with the Service Provider. License terms separately agreed to shall prevail over these Terms of Use.
3.2 The Service Provider grants the User a non-exclusive and non-transferable right to use the information, the software and documentation made available to the User on the Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by the Service Provider in making same available.
3.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case the Service Provider shall make the source code available in return for the payment of costs.
3.4 Information, software and documentation must not be distributed by the User to any third party at any time nor must it be rented or in any other way made available. Unless such is allowed by mandatory law, the User must not modify the software or documentation nor shall the User disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use.
3.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.
3.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.


4. Intellectual Property
4.1 Notwithstanding the particular provisions in Section 3 of these conditions, information, brand names and other contents of the Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of the Service Provider.
4.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, such as, but not limited to, company’s name or to intellectual property rights such as patents, brands or utility models.


5. Duties of the User
5.1 While using the Web Site the User shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or distribute advertising or unsolicited e-mails (so-called “spam”) or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
5.2 The Service Provider may deny access to the Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.


6. Hyperlinks
The Web Site may contain hyperlinks to web pages of third parties. The Service Provider accepts no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as the Service Provider does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.


7. Liability for defects of title or quality
The content available on the Web Site has been diligently prepared and is subject to quality control. Medicine, however, is subject to continuous change by science, research and development and their practical application. As the information on the Web Site, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation, especially in relation to the correctness and currentness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose is excluded except for cases involving willful misconduct or fraud on the part of the Service Provider as well as personal injury or death.


8. Other Liability, Viruses
8.1 The liability of the Service Provider for defects in relation to quality and title shall be determined in accordance with the provisions of Section 7 of these conditions. Any further liability of the Service Provider is excluded unless required by law, e.g. in cases of willful misconduct, 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. Damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
8.2 Although the Service Provider makes every endeavor to keep the Web Site free from viruses, the Service Provider cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. The User shall use all reasonable steps to ensure security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the Web Site.
8.3 Sections 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.


9. Export Controls
9.1 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 information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. The Service Provider shall label information, software and documentation in relation to German, EU and U.S. export control lists.
9.2 The User shall particularly check and verify that the information, software and documentation 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 Web Site shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, the Service Provider shall not be obliged to perform.
9.3 Upon request the Service Provider shall inform the User of the relevant contact points for further information.


10. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the Web Site, the Service Provider shall comply with applicable laws on data privacy protection and the Web Site Data Protection Privacy Policy, which is available per hyperlink on the Web Site.


11. Supplementary Agreements, Place of Jurisdiction, Applicable Law
11.1 Any supplementary agreement requires the written form.
11.2 The place of jurisdiction shall be Nuremberg if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
11.3 The Web Site is operated and administered by companies with business residence in Germany. The Service Provider makes no representation that information, software and/or documentation on the Web Site are appropriate or available for viewing or downloading at locations outside of Germany. If Users access Web Site from outside of Germany, they are exclusively responsible for compliance with all local laws. Access to Web Site’s information, software and/or documentation from countries where such content is illegal is prohibited. 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.


Last updated: September 30, 2014

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