Terms of Use

1. Scope

1.1 These Terms of Use of Siemens Ltd Saudi Arabia govern the use of internet pages provided by Siemens (the “Siemens Website”). Any use of Siemens 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 purchase of products and services, at the sole discreation of Siemens. The User accepts these Terms of Use in their then current version each time when logging-in or, log-in is not required, when starting to use the Siemens Website.

1.2. Information for Healthcare professionals. The Siemens website, including but not limited to www.healthcare.siemens.com and its affiliated sites, provide an online resource for healthcare professionals.


2. Services

2.1 Siemens offers on the Siemens Web Site specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

2.2 Siemens may stop the operation of the Siemens Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Siemens cannot accept any liability for the continuous availability of the Siemens Web Site.

2.3 Siemens may deny user access to the Siemens Website at any time without notice and without providing reasons.


3. Registration, Password

3.1 Some pages of the Siemens Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens reserves the right to deny registration to any User. Siemens particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens is 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
• did not use the Siemens Web Site for a longer period.

3.2 For registration the User shall give accurate information and, where such information changes over time, shall inform Siemens thereof (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Siemens, will be current and an address at which the User can be contacted.

3.3 Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall change the password received from Siemens into a password known only to the User. The User Data allows the User to view or change its data or, as the case may be, to withdraw its consent to data processing.


3.4 The User shall ensure that the User Data will not be accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall inform Siemens thereof without undue delay in writing, or, as the case may be, by e-mail.

3.5 After receipt of the notice under paragraph 3.4, Siemens shall deny access to the password-protected area under such User Data. Access will only be possible again upon the User's application to Siemens or upon new registration.

3.6 The User may at any time demand the deletion of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Siemens will delete all user data and other stored personally identifiable data of the User as soon as these data are not needed anymore.


4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation provided on the Siemens 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 Siemens. Separately agreed to license terms shall prevail over these Terms of Use.

4.2 Siemens 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 Siemens Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens in making same available.

4.3 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 Siemens shall make the source code available in return for the payment of costs.

4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it 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.

4.5 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.


5. Intellectual Property

5.1 Notwithstanding the particular provisions in section 4 of these Terms of Use, any brand names and other Siemens Contents made available on the Siemens Website may not be modified, copied, reproduced, sold, rented, supplemented or used in any other way without the prior written permission of Siemens.

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 to do so.


6. Duties of the User

6.1 While using the Siemens 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, socalled 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 (socalled "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.

6.2 Siemens may deny access to the Siemens Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.


7. Hyperlinks
The Siemens Web Site may contain hyperlinks to the Web pages of third parties. Siemens 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 Siemens 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.


8. Quality or Title of defects

8.1 Any warranties or liability for defects of the Siemens Contents as to quality or title are excluded, including warranties of correctness, completeness and/or fitness for purpose, or of absence of third party rights, except for cases of willful misconduct, fraud, personal injury or death.

8.2 The Siemens 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 Any further liability of Siemens is excluded, unless and to the extent required by applicable mandatory law, e.g. in cases of willful misconduct, fraud, personal injury or death.

9.2 Although Siemens endeavors to keep the Siemens Website free from viruses and other malware, Siemens 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 Contents. In addition, the User shall take reasonable security precautions and, in particular, use a virus scanner before uploading any contents onto the Siemens Website.


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 information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Siemens shall label information, software and documentation in relation to German, EU and U.S. export control lists.

10.2 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 Siemens Web Site shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, Siemens shall not be obliged to perform.

10.3 Upon request Siemens 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. The trademarks of the accessory products are owned by the respective third party supplier. Siemens offers and sells those accessories in order to supplement its existing Healthcare products and solutions.


12. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the Siemens Web Site, Siemens shall comply with applicable laws on data privacy protection and the Siemens Web Site Data Protection Privacy Policy, which is available per hyperlink on the Siemens Web Site and/or on www.siemens.com.


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 Kingdom of Saudi Arabia.

13.3 The Siemens Web Site is operated and administered by companies with business residence in Kingdom of Saudi Arabia. Siemens makes no representation that information, software and/or documentation on the Siemens Web Site are appropriate or available for viewing or downloading at locations outside of Kingdom of Saudi Arabia. if users access the Siemens Website from other countries than the Kingdom of Saudi Arabia, such users are exclusively responsible for their compliance with local laws. Access to Siemens 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 the Kingdom of Saudi Arabia 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.