Terms of Use

1. Scope

 

 

1.1 These Terms of Use of Siemens LLC govern the use of the internet pages provided by Siemens (the "Siemens Website"). An any use of the 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 the purchase of products and services, at the sole discretion of Siemens. The User accepts these Terms of Use in their then current version each time when logging-in or, if a 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, provides an online resource for healthcare professionals.

 

 

 

2. Services

 

 

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

 

 

2.2 Siemens may at any time cease the operation of the entire Siemens Website or parts thereof. Siemens shall not accept any responsibility and shall not be liable for the continuous availability of the Siemens Website.

 

 

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

 

 

 

3. Registration, Password

 

 

3.1 Some pages of the Siemens Website may be password protected. For reasons of safety and security of business transactions, only registered users may access such pages. Siemens reserves the right to deny registration to any User at its sole discretion. Siemens also reserves the right to subject any part of the Siemens Website to a registration requirement even if such part had previously been freely accessible. Siemens shall be 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
• Does not use the Siemens Website for a longer period of time.

 

 

3.2 When registering, the User shall provide accurate information, and shall inform Siemens online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to Siemens is current and effective for contacting the User.

 

 

3.3 The User will be provided with an access code upon registration which comprises 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 permits the User to view or change its data or to withdraw its consent to data processing, as the case may be.

 

 

3.4 The User is liable for all transactions and other activities carried out under its User Data and shall ensure that such User Data is not accessible by third parties. The User shall log-off from all password protected websites at the end of each online session. If a User becomes aware of any misuse of User Data by third parties, Siemens must be informed in writing or by e-mail without undue delay.

 

 

3.5 After receipt of a notice under section 3.4, Siemens will deny the User access to all password-protected areas under the affected User Data. Access will only be permitted again upon corresponding application to Siemens or a new registration of the User.

 

 

3.6 The User may at any time request in writing the deletion of its registration, provided that such deletion does not impair or prevent the proper performance of a contractual relationship. Following such request Siemens will delete all User Data and any other personally identifiable data of the User in compliance with applicable legislation as soon as such data are not required anymore.

 

 

 

4. Rights of Use to Information, Software and Documentation

 

 

4.1 Any use of information, software and documentation provided by Siemens on the Siemens Website, and of any updates thereof, (the “Siemens Contents”) shall be subject to these Terms of Use or the applicable license terms agreed with Siemens, provided that separately agreed license terms shall always prevail over these Terms of Use.

 

 

4.2 Siemens grants the User a non-exclusive and non-transferable right to use the Siemens Contents to the extent agreed between Siemens and the User or, if there is no such agreement, in accordance with the purpose obviously intended by Siemens in making the same available.

 

 

4.3 Software shall be made available in object code only at no expense to the User. Source code shall not be made available except for source code of open source software, if and to the extent applicable license conditions prevail over these Terms of Use and require the disclosure of the source code. In such case, Siemens shall make the source code available in return for payment of the costs.

 

 

4.4 The User shall not distribute the Siemens Contents to third parties, or make them available in any other way. Unless required by applicable mandatory laws, the User shall not modify, disassemble, reverse engineer or decompile software or any parts thereof that are part of Siemens Contents. The User may make one backup copy of software if required for securing its use.

 

 

4.5 The Siemens Contents are protected by copyright laws, international copyright treaties and other laws and conventions on intellectual property and the User shall comply therewith. In particular, the User shall not remove any alphanumeric codes, marks or copyright notices from the Siemens Contents.


 

5. Intellectual Property

 

 

5.1 Notwithstanding the provisions of 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 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.

 

 

6.2 If the User breaches any obligation arising from these Terms of Use, and without prejudice to any other remedies Siemens may have, such User will immediately be denied access to the Siemens Website.

 

 

 

 

7. Hyperlinks

 

The Siemens Website may contain hyperlinks to webpages of third parties. Siemens does not control and shall not assume any responsibility or liability for the contents and information provided on such webpages. In addition, Siemens does not endorse or make representations with respect to such third party webpages or their contents. The use of such webpages shall be at the sole risk of the User.

 

 

 

8. Quality or title 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 Website 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 or its affiliates. The trademarks and brand names of such accessory products are owned by the respective third party supplier. Siemens offers and sells these accessories in order to supplement its existing Healthcare products and solutions.

 

 

 

12. Data Privacy Protection


For the collection, use and processing of personally identifiable data of the User on or in connection with the Siemens Website, Siemens shall comply with applicable laws on data privacy protection and the Siemens Website Data Protection Privacy Policy, which is available per hyperlink on the Siemens Website 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 Dubai, United Arab Emirates.

 

 

13.3 The Siemens Website is operated and administered by companies with business residence in the United Arab Emirates. Siemens makes no representation that the Siemens Contents offered on the Siemens Website are appropriate or available for viewing or downloading at locations outside of the United Arab Emirates. If users access the Siemens Website from other countries than the United Arab Emirates, 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 United Arab Emirates 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.