1.2 If the User while using the Siemens Healthcare (Pty) Ltd Web Site 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, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
1.3. Information for Healthcare professionals. The Siemens Healthcare (Pty) Ltd website, including but not limited to www.healthcare.siemens.com and its affiliated sites, provide an online resource for healthcare professionals.
2.1 Siemens Healthcare (Pty) Ltd offers on the Siemens Healthcare (Pty) Ltd Web Site specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2 Siemens Healthcare (Pty) Ltd may stop the operation of the Siemens Healthcare (Pty) Ltd Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Siemens Healthcare (Pty) Ltd cannot accept any liability for the continuous availability of the Siemens Healthcare (Pty) Ltd Web Site.
3. Registration, Password
3.1 Some pages of the Siemens Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd reserves the right to deny registration to any User. Siemens Healthcare (Pty) Ltd particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens Healthcare (Pty) Ltd is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
- uses a false identity for the purpose of misleading others;
- did not use the Siemens Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd thereof (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Siemens Healthcare (Pty) Ltd , 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 Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd 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
4.2 Siemens Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens Healthcare (Pty) Ltd in making same available.
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.
4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
5.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the Siemens Healthcare (Pty) Ltd 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 Siemens Healthcare (Pty) Ltd .
5.2 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.
6. Duties of the User
6.1 While using the Siemens Healthcare (Pty) Ltd 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.
The Siemens Healthcare (Pty) Ltd Web Site may contain hyperlinks to the Web pages of third parties. Siemens Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd 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. Liability for defects of title or quality
8.1 Insofar as any information, 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 or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud as well as personal injury or death.
8.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other Liability, Viruses
9.1 The liability of Siemens Healthcare (Pty) Ltd for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these conditions. Any further liability of Siemens Healthcare (Pty) Ltd 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. 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 Healthcare (Pty) Ltd makes every endeavor to keep the Siemens Healthcare (Pty) Ltd Web Site free from viruses, Siemens Healthcare (Pty) Ltd 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 Siemens Healthcare (Pty) Ltd Web Site.
9.3 §§ 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 information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Siemens Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd 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 Healthcare (Pty) Ltd shall inform the User of the relevant contact points for further information.
11. NON- Siemens Healthcare (Pty) Ltd. labeled products
The NON- Siemens Healthcare (Pty) Ltd. labeled products offered in the Accessories catalog are manufactured by third party suppliers and not by Siemens Healthcare (Pty) Ltd. The trademarks of the accessory products are owned by the respective third party supplier. Siemens Healthcare (Pty) Ltd offers and sells those accessories in order to supplement its existing Healthcare products and solutions.
12. Data Privacy Protection
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).