1.2. In the case of web offers aimed at companies or public enterprises, such companies or enterprises are represented by the User and must assume that the User has appropriate knowledge and acts accordingly.
2.1. This Siemens Healthineers Website contains specific information for viewing or downloading.
2.2. Due to the nature of the internet and computer systems, Siemens Healthineers cannot accept any liability for the continuous availability of the Siemens Healthineers Website.
3. Intellectual Property
Information, brand names and other contents of the Siemens Healthineers Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Siemens Healthineers.
4. Duties of the User
4.1. 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.
The Siemens Healthineers Website may contain hyperlinks to the web pages of third parties. Siemens Healthineers shall have 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 Healthineers 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.
6. Other Liability, Viruses
6.1. Any liability of Siemens Healthineers is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, 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.
6.2. Although Siemens Healthineers makes every endeavor to keep the Siemens Healthineers Website free from viruses, Siemens Healthineers 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.
6.3. §§ 6.1 and 6.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
7. Compliance with Export Control Regulations
7.1. 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.
7.2. 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.
7.3. Upon request Siemens Healthineers shall inform the User of the relevant contact points for further information.
8. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the Siemens Healthineers Website, Siemens Healthineers shall comply with applicable laws on data Privacy Protection and the Siemens Healthineers Website
9. Supplementary Agreements, Place of Jurisdiction, Applicable Law
9.1. Any supplementary agreement requires the written form.
9.2. The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
9.3. The individual pages of the Siemens Healthineers Website are operated and administered by Siemens Healthineers. The pages comply with the law applicable in the Federal Republic of Germany. Siemens Healthineers makes no representation that information on the Siemens Healthineers Website is appropriate or available for viewing or downloading at locations outside of Germany. If Users access Siemens Healthineers Website from outside Germany, they are exclusively responsible for compliance with all applicable local laws. Access to Siemens Healthineers Website´s information, from countries where such content is unlawful, is prohibited.