Special Terms of Use for Siemens Healthineers User Forum

Status: September 28, 2021 (Version 1.5)

1. Service provider and contact information
The Siemens Healthineers User Forum is provided by Siemens Healthcare GmbH, Henkestr. 127, 91052 Erlangen, Germany, whereas the specific user groups maybe provided by an affiliated company of Siemens Healthcare GmbH (individually and/or collectively referred to as “Siemens Healthineers”) or a third party company.

2. Scope
2.1 These Special Terms of Use, together with and in addition to the Terms of Use of the Healthineers Website , govern the relationship between Siemens Healthineers and the relevant user of the “Siemens Healthineers User Forum” platform (hereinafter referred to as “You”). Certain individual user groups within the Siemens Healthineers User Forum can be governed by additional terms which will be made available to You when applying for access to the relevant user group.

2.2 These Terms of Use might be changed from time to time. You will be notified accordingly and asked to accept the new Terms of Use. If You do not accept the changed Terms of Use, You will not be able to access the Siemens Healthineers User Forum again.

3. Registration, Membership and User Groups
3.1 The Siemens Healthineers User Forum is an access-restricted, international, free-of-charge community intended to primarily give Siemens customers and interested healthcare professionals the opportunity to find, discuss and
share information on the clinical usage and optimization of care with Siemens Healthineers systems and applications. It is not intended for the general public or for consumers.

3.2 By applying for registration, You confirm that:

  • You are a healthcare professional;
  • You will use the Healthcare User Forum as part of your profession and not as a consumer and/or part of the general public;
  • You, as part of your profession, use such Siemens devices that are subject of the relevant User Group;
  • You have read and understood these Special Terms of Use;
  • You accept the Terms of Use and these Special Terms of Use; and
  • You have an account for Siemens Healthineers Online Services.

The ‘syngo.via Frontier Group’ and the ‘syngo.via Frontier Developer Community‘ are for users personally invited by Siemens Healthineers only. The ‘Siemens Healthcare Admin Area’ is a closed group dedicated to Siemens Healthineers employees.

3.3 If Siemens approves your application, You will become a user of the Siemens Healthineers User Forum, and You may register for one or more user groups within the Siemens Healthineers User Forum.

3.4 If You have successfully registered for a user group, You may read and engage in expert discussions on a specific, predefined topic by posting and commenting online in compliance with the following rules.

3.5 Unless explicitly stated, posts and comments do not reflect Siemens Healthineers’ opinion, and Siemens Healthineers does not accept any liability for posts and comments by You or another user of the Siemens Healthineers User
Forum.

3.6 If you are nominated by Siemens Healthineers as Moderator, You confirm that:

  • You will adhere to the Terms of Use, the Special Terms of Use and to the Data Privacy policy;
  • You monitor posts, comments or other information made available by other users;
  • You refer any Complaints to the Designated Complaint Handling Unit (DCU) without delay;
  • You will provide support to any other user in the User Group and indemnify and hold harmless Siemens Healthineers from any related claims of such other Users, if and to the extent agreed with in writing with Siemens Healthineers; and
  • You inform Siemens immediately of any illegal content or other statutory violation and align with Siemens Healthineers on appropriate steps to be taken.

4. Rules of Communication
4.1 Using the Siemens Healthineers User Forum requires all users to communicate with mutual respect and in compliance with the laws applicable to You.

4.2 As the Siemens Healthineers User Forum is open for various users, Siemens Healthineers will not monitor on a regular basis the content that users post when using the Siemens Healthineers User Forum. However, Siemens
Healthineers reserves the right to delete any content generated by You or any other user.

4.3 You are fully responsible for any post, messages or other information posted by You in a user group. You agree to indemnify Siemens from all claims, costs and expenses (including legal expenses) arising from any post, message
or other information posted by You in a user group.

4.4 When using the Siemens Healthineers User Forum You must not, for example:

  • post any illegal content;
  • post any information You are not allowed to disclose;
  • post any identifiable patient information;
  • misrepresent Your relationship with Siemens and the Siemens Healthineers User Forum or present false information about Siemens and the Siemens Healthineers User Forum;
  • post and/or send any message containing any form of advertising or promotion for goods and services;
  • advocate off-label use;
  • post and/or send any message which is not related to the topic of the relevant user group;
  • share personal data of other persons such as names, phone numbers or email addresses.

4.5 When using the Siemens Healthineers User Forum You must, for example:

  • follow the instructions of the group moderator;
  • comment in a way which is in compliance with the intended use of the relevant device;
  • report any misuse to Siemens Healthineers using the following email address: do-not-reply.userforum.team@siemens-healthineers.com.

5. Grant of Rights of Use
Siemens Healthineers is free to use comments, posts or other information provided by You via the Siemens Healthineers User Forum. By posting such information on the Siemens Healthineers User Forum, You grant Siemens
Healthineers a worldwide, perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the relevant information in whole or in part and in any form or media. Such information
includes personal data such as the user name and/or alias, picture(s) and the user’s expression of opinion.

6. Data Protection
The Siemens Healthineers Privacy Policy and Cookie Policy apply.


These Terms apply to the use of Frontier Research Applications which are licensed by Siemens Healthcare GmbH and/or one of its Affiliates. By downloading and/or using a Frontier Research Applications Participant agrees to these Terms. If a Frontier Research Applications expressly refers to other terms and conditions these terms and conditions shall prevail over the Terms.

1. Definitions

1.1 "Affiliate" means any corporation, company, or other entity, now or hereafter, directly or indirectly, controlled by, or controlling, or under common control with the respective Party. For purposes of this definition, "control" means to have, directly or indirectly, the power to direct or cause the direction of the management and policies of a corporation, company or other entity, whether (i) through the ownership of voting securities providing for the right to elect or appoint, directly or indirectly, the majority of the board of directors, or a similar managing authority, (ii) by contract or (iii) otherwise.

1.2 "Digital Marketplace" means the function of the Siemens Healthineers' teamplay Digital Health Platform where Participant can download Frontier Research Applications.

1.3 "Forum" means an online exchange forum which is restricted to the use by Participants.

1.4 "Frontier Research Application" means a software developed and provided for Research Use only, including its documentation, if any.

1.5 "IPR" means any and all methods, processes, know-how, trade secrets, technology, designs, digital codes, inventions, innovations and all patents, patent applications, as well as other forms of statutory protection rights and copyrights.

1.6 "Participant" means an institution, hospital or other legal entity which has acquired the MM_research license from Siemens Healthineers or one of its Affiliates and which is able to execute Frontier Research Applications.

1.7 "Research Use" means the use of a software for research (particularly for basic research) where the software itself is not validated. Research Use does not include market and feasibility studies concerning the software as well as any clinical use of the software, namely its use for any patient-specific examination in connection with the preparation of a diagnosis or therapy planning.

1.8 "Siemens Healthineers" means Siemens Healthcare GmbH.

2. Forum

Participant may be granted access to the Forum "syngo.via Frontier group", which can be accessed via the internet. The URL will be provided by Siemens Healthineers together with a Frontier ID specific for the Participant, which will enable Participant to create a user account. Participation in the Forum requires prior acceptance of the Forum specific terms and conditions. Siemens Healthineers may at any time cancel access to the Forum.

3. Use of Frontier Research Applications

3.1 Participant will ensure that the Frontier Research Applications and/or the results obtained by their utilization will be used for Research Use only. The use of a Frontier Research Application in connection with any system cleared as a medical device may affect the medical device clearing of said system. Participant has to ensure that the application of any Frontier Research Applications is in accordance with applicable laws and regulations (e. g. ethic committee approval).

3.2 The Frontier Research Applications shall be kept confidential and may only be used by Participant during the term agreed with Siemens Healthineers for Participant's research activities in accordance with Section 3.1 above. Participant may distribute the Frontier Research Applications only to other Participants who jointly work on the same research activities. Unless otherwise agreed in writing, the Frontier Research Applications may neither directly nor indirectly be used for any commercial purpose.

3.3 Frontier Research Applications may not be made available to third parties and may not be copied, modified, reverse engineered, decompiled or otherwise reverse translated (prohibition of reverse engineering) and no parts thereof may be extracted, unless and to the extent permitted by applicable mandatory law.

3.4 The Frontier Research Applications may have a defined expiration beyond which it cannot be used and/or executed any more, the provision of extensions is at Siemens Healthineers' sole discretion. In addition, Siemens Healthineers may demand from Participant at any time to cease using and to delete any Frontier Research Applications (e. g. for safety or regulatory reasons). Participant acknowledges that the future availability of a Frontier Research Applications cannot be ensured.

4. Feedback

4.1 Participant shall not be obligated to suggest improvements or modifications related to Frontier Research Applications. However, if Participant detects actual or alleged deficiencies it shall inform Siemens Healthineers thereof. If Participant suggests improvements or modifications or gives any other feedback (including but not limited to feedback related to actual or alleged deficiencies), Siemens Healthineers shall have the exclusive, worldwide, in time and scope unlimited and sublicensable right to use such suggestions and other feedback for its own business purposes.

4.2 Participant shall ensure that any suggestions and other feedback does not contain any confidential or personal information.

5. Breach

In case of any breach of any of the terms and conditions of this Agreement and/or any obligation arising out of or in connection with this Agreement, Participant shall be liable towards Siemens Healthineers for any loss and/or damage and shall defend and hold Siemens Healthineers and its Affiliates harmless from and against any claim of any third party (to include any administration, government, or authority).

6. Warranty, Liability

EXCEPT AS EXPRESSLY SET FORTH OTHERWISE IN THIS AGREEMENT, THE FRONTIER RESEARCH APPLICATIONS IS PROVIDED "AS IS" WITHOUT ANY WARRANTY. SIEMENS HEALTHINEERS DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE THAT ANY RESEARCH APPLICATIONS IS FREE OF DEFECTS OR THIRD-PARTY RIGHTS, CAN BE USED WITHOUT INTERRUPTION, FOR A SPECIFIC PURPOSE OR FOR A SPECIFIC TIME. THE USE OF ANY FRONTIER RESEARCH APPLICATIONS SHALL BE AT PARTICIPANT'S SOLE RISK AND EXPENSE.

IN NO EVENT SHALL SIEMENS HEALTHINEERS BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF DATA, LOSS OF SAVINGS OR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LAW, REGARDLESS OF WHETHER THE PARTY IN BREACH WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT LIABILITY IS MANDATORY ACCORDING TO APPLICABLE LAW.

7. Updates, Upgrades, Versions

Participant does neither have the right to have any Frontier Research Applications maintained nor the right to require the provision of updates, upgrades or new versions of Frontier Research Applications.

8. Property Rights, Confidentiality

The Frontier Research Applications licensed by Siemens Healthineers are proprietary to Siemens Healthineers, its Affiliates or third-party licensors and may be protected by IPR. Participant must not remove any trademarks, copyright notices or any other identifying mark or logo.

9. Modification of these terms

9.1 Siemens Healthineers may modify these Terms at any time by providing a revised version of the Terms ("Revised Terms") in accordance with the following section. Siemens Healthineers will give Participant at least six (6) weeks' prior notice of any material modification of the Terms e. g. by sending an email or presenting a pop-up on the Digital Marketplace. In case of a material modification, Participant shall be entitled to terminate this Agreement within six (6) weeks following the Participant's receipt of notice of the Revised Terms. Upon termination of this Agreement Participant shall cease using and delete the Frontier Research Applications.

9.2 Siemens Healthineers reserves the right to make non-material modifications at its own discretion. The modified Terms will be accessible by following a link in the Digital Marketplace.

10. Applicable Law, Arbitration

10.1 This Agreement is governed by German law excluding the principles of conflicts of laws and the UN Convention on the Sale of Goods.

10.2 All disputes arising out of or in connection with this Agreement, including any question regarding the termination or any subsequent amendment of the Agreement, shall be finally settled in accordance with the Rules of the German Institution of Arbitration (DIS). The seat of arbitration shall be Munich, Germany. The language to be used in the arbitration proceeding shall be English. If the value of the total matter in dispute, including the value of any counterclaims, is less than € 1 million, the Rules for Expedited Proceedings (Annex 4 DIS Rules) shall apply additionally, and the arbitral tribunal shall consist of one arbitrator. In cases not subject to the Rules for Expedited Proceedings, the arbitral tribunal shall consist of three arbitrators. Any order for the production or disclosure of documents shall be limited to the documents on which each Party specifically relies in its submission(s). Upon request of a Party, the arbitral tribunal shall order any claiming or counterclaiming Party to provide security for the legal and other costs of any other Party related to that claim or counterclaim, by way of bank guarantee or in any other manner and upon such terms as the arbitral tribunal considers appropriate. Nothing in this section shall limit the right of the Parties to seek relief intended to preserve the status quo or interim measures in any court of competent jurisdiction or arbitral tribunal.

11. Miscellaneous

11.1 The fulfillment of this Agreement is subject to the proviso that required export licenses have been granted or that there are no other impediments arising from German or other export regulations.

11.2 A legal invalidity of one or more provisions of this Agreement shall not affect the validity of the remaining provisions. This shall not apply if it would be unreasonable for one of the parties to be obligated to further adhere to this Agreement.


User Group „ADVIA Hematology User Group Italy“ of the Siemens Healthcare User Forum
as of: December 2014, Version 1.0

1 Scope 

1.1 These Special Terms of Use, together with and in addition to the Terms of Use of Siemens Italy Websites govern the relationship between Siemens and the relevant user of the “Siemens Healthcare User Group - ADVIA Hematology User Group Italy” platform (hereinafter referred to as “You”).
1.2 These Terms of Use might be changed from time to time. You will be notified accordingly and asked to accept the new Terms of Use. If You do not accept the changed Terms of Use, Siemens may terminate Your membership. 

2 Service provider and contact information

The ADVIA Hematology User Group Italy is provided by Siemens Healthcare Diagnostics S.r.l., Via Piero e Alberto Pirelli, 10, Milano, Italy (“Siemens”). 

3 Registration, Membership and User Groups 

3.1 The ADVIA Hematology User Group Italy is an access-restricted free-of-charge platform for users of a Siemens “ADVIA” hematology system where healthcare professionals only can exchange experiences made when using the ADVIA system. The user group is not open for any other users.

3.2 By applying for membership in the ADVIA Hematology User Group Italy, You confirm: 

  • 1. that You are a healthcare professional 
  • 2. that You will use ADVIA Hematology User Group Italy as part of your profession and not as a consumer and/or part of the general public; 
  • 3. that, as part of your profession, You operate a Siemens “ADVIA” system in Italy, 
  • 4. that You have understood the English version of these Special Terms of Use for the ADVIA Hematology User Group Italy; and 
  • 5. that You accept the Terms of Use and these Special Terms of Use. 

3.3 Your final admission to the ADVIA Hematology User Group Italy is subordinated to receipt of suitable documents supporting the above qualifications. In this connection you should contact: 
AdviaHematologyUserForum.it@siemens.com

3.4 If You are admitted to ADVIA Hematology User Group Italy , You may read and engage in expert discussions on a specific, pre-defined topic by posting and commenting online in compliance with the following rules. 

3.5 Unless explicitly stated, posts and comments do not reflect Siemens’ opinion, and Siemens does not accept any liability for posts and comments by You or another user of the ADVIA Hematology User Group Italy. 

4 Rules of Communication 

4.1 Using the ADVIA Hematology User Group Italy requires all users to communicate with mutual respect and in compliance with the laws applicable to You. 

4.2 As the ADVIA Hematology User Group Italy is open for various users, Siemens cannot monitor the content that users post when using the ADVIA Hematology User Group Italy. However, Siemens reserves the right to delete any content generated by You or any other user. 

4.3 You are fully responsible for any post, messages or other information posted by You in a user group. You agree to indemnify Siemens from all claims, costs and expenses (including legal expenses) arising from any post, message or other information posted by You in ADVIA Hematology User Group Italy. 

4.4 When using ADVIA Hematology User Group Italy You must not, for example: 

  • 1. post any illegal content; 
  • 2. post any information You are not allowed to disclose; 
  • 3. post any identifiable patient information 
  • 4. misrepresent Your relationship with Siemens and the ADVIA Hematology Us-er Group Italy or present false information about Siemens and the ADVIA Hematology User Group Italy; 
  • 5. post and/or send any message containing any form of advertising or promotion for goods and services; and 
  • 6. post and/or send any message which is not related to the topic of the relevant user group; 

4.5 When using the ADVIA Hematology User Group Italy You must, for example: 

  • 1. follow the instructions of the group moderator; 
  • 2. comment in a way which is in compliance with the intended use of the relevant device; and 
  • 3. report any misuse to Siemens using the following email address: 
    AdviaHematologyUserForum.it@siemens.com

5 Special Disclaimers

5.1 The ADVIA Hematology User Group Italy services and platform are provided "as is" with the limited purpose of offering to professional users an additional channel to ex-change information among healthcare professionals. 

5.2 The use of the services provided by the ADVIA Hematology User Group Italy does not and should not substitute any other source of information or advice. 

5.3 The ADVIA Hematology User Group Italy does not allow the upload, transmission or exchange of personal data; each user undertakes therefore to abstain from uploading or communicating any personal data and to anonymize any data exchanged in the User Group. 

5.4 Each user is personally responsible for the information she or he made available or communicate to the other users. 

5.5 Rankings or qualifications of the users have a purely informative purpose; they do not intend to convey or guarantee any status or level of reliability. 5.6 Siemens reserves the right to cancel, suspend or modify the ADVIA Hematology User Group Italy services and to delete the information exchanged among the users, without advice. 

6 Grant of Rights of Use 

Siemens is free to use comments, posts or other information provided by You via the ADVIA Hematology User Group Italy. By posting such information on the ADVIA Hematology User Group Italy, You grant Siemens a worldwide, perpetual, royalty-free, non-exclusive license to copy, reproduce, modify, translate, make available, distribute and sub-license the relevant information in whole or in part and in any form or media. Such information includes personal information such as the user name and/or alias, picture(s) and the user’s expression of opinion. 

7 Privacy Policy and Data Protection 

The Privacy Policy applies. 

8 Applicable law and venue 

Any relationship between You and Siemens is governed by Italian laws. The Exclusive Venue shall be Milan, Italy.


User Group „ syngo.via View&GO “ of the Siemens Healthcare User Forum 
as of: August 2018, Version 1.0


1. Scope
Siemens Healthineers operates this User Forum for medical professionals using syngo.via View&GO. The User Forum provides for institutions from the healthcare sector with respect to syngo.via View&Go the possibility to exchange among each other and to receive basic support and further reference from Siemens Healthineers.

For the proper use syngo.via View&GO, please always use the Operators Manual and Instructions for Use issued by Siemens Healthineers.

2. Limited liability
Siemens Healthineers make on a voluntary basis reasonable efforts to provide you with feedback regarding your questions and requests for support in due time in English or German language. However, please note that Siemens Healthineers shall not be obliged to provide any information/feedback or information/feedback within a defined period of time. Any material or information including but not limited to advice or recommendations will be provided to You as is and based on the information provided by You. Every information and recommendation by Siemens Healthineers will be checked previously before it appears in the forum. Notwithstanding Siemens Healthineers will not be liable nor provides any guarantee with respect to any application, conversion, utilization or implementation of any information or recommendations.

Siemens Healthineers is not obligated to monitor and explore the activities by You and/ or any other user and so Siemens Healthineers will not verify them before they appear in the user forum. Siemens Healthineers shall not be liable for the information and recommendations by You and/or any other users and the application, conversion, utilization or implementation of them.

3. Applicable law

Any relationship between You and Siemens Healthineers is governed by German law.