syngo Virtual Cockpit

Use of Application. Customer acknowledges and agrees when licensing the sVC Application that all remote and local users must each be qualified to operate the Siemens Healthineers scanner(s) connected via the sVC Application, as well as qualified under applicable federal, state and local laws and industry accreditation standards as to the specific imaging modality(ies). In addition, the remote user of the sVC Application must access the Siemens Healthineers scanner within the clinical network. For further instructions on the qualifications of the remote and local users as well as how to properly use the sVC Application with compatible Siemens Healthineers scanners consistent with the U.S. Food and Drug Administration (FDA) approved labeling, Customer should refer to the operator manual(s) and/or any other Documentation provided by Siemens Healthineers to the Customer related to the sVC Application and the Siemens Healthineers scanners. SIEMENS HEALTHINEERS STRONGLY ADVISES AGAINST ANY AND ALL OFF-LABEL USES OF THE sVC APPLICATION IN RELATION TO A SIEMENS HEALTHINEERS SCANNER BY CUSTOMER. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN CUSTOMER’S AGREEMENT, SIEMENS HEALTHINEERS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY MATERIAL DEFECT IN THE SVC APPLICATION AND/OR SIEMENS HEALTHINEERS SCANNER IN CONNECTION WITH ANY OFF-LABEL USES THEREOF BY THE CUSTOMER. FURTHER, SIEMENS HEALTHINEERS SHALL NOT HAVE ANY OBLIGATION TO DEFEND, INDEMNIFY, OR HOLD CUSTOMER HARMLESS FROM ANY THIRD PARTY CLAIMS ARISING AS A RESULT OF, OR IN CONNECTION WITH, ANY AND ALL OFF-LABEL USES OF THE SVC APPLICATION IN RELATION TO A SIEMENS HEALTHINEERS SCANNER BY CUSTOMER. For purposes of Customer’s Agreement, “Off-label Use” means the use of a FDA approved medical device (i.e. the sVC Application as connected to a Siemens Healthineers scanner) for an indication that is not included in the FDA approved labeling for such medical device.