1.2 If the User of the Getinge Website is acting in the role of a business customer, i.e. not for purposes outside his/her trade, business or profession, or as an administration customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German Civil Code does not apply.
2.1 Getinge offers, on the Getinge Website, specific information and software, as well as any related documentation for viewing or downloading.
2.2 Getinge may terminate the operation of the Getinge Website in full or in part at any time. Due to the nature of the internet and computer systems, Getinge cannot accept any liability for the continuous availability of the Getinge Website.
3. Registration, Password
3.1 Some pages of the Getinge Website may be password-protected. In the interest of the safety and security of business transactions, only registered Users may access said pages. Getinge reserves the right to deny registration to any User. Getinge particularly reserves the right to require registration for any sites that were previously freely accessible. Getinge is entitled, at any time and without obligation to give reasons, to deny the User the right to access a password-protected area by blocking the User Data (as defined below), in particular if the User 3.2 For registration, the User shall give accurate information and, where such information changes over time, shall inform Getinge thereof (online to the extent possible) without undue delay. The User shall ensure, that his/her email address, as supplied to Getinge, will be up to date and is 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 Getinge into a password known only to the User. The User Data allows the User to view or change his/her data or, as the case may be, to withdraw consent to data processing.
3.4 The User shall ensure that the User Data will not be accessible to third parties. The User is liable for all transactions and other activities carried out under his/her 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 his/her User Data, the User shall inform Getinge in writing without undue delay, or, as the case may be, by email.
3.5 Upon receipt of the notice under paragraph 3.4, Getinge shall deny access to the password-protected area under such User Data. Access will only be possible again upon the User's application to Getinge or upon new registration.
3.6 The User may at any time demand in writing the deletion of his/her registration, provided that the deletion will not violate the proper performance of contractual relationships. In such case, Getinge will delete all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Rights of Use of Information, Software and Documentation
4.2 Getinge 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 Getinge Website to the extent agreed, or, in the event of no such agreement, to the extent of the purpose intended by Getinge 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 the User 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, 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 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 Getinge Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written consent of Getinge.
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 names or to intellectual property rights such as patents, brands or utility models.
6. Duties of the User
6.1 While using the Getinge Website, 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, a so-called 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 emails (so-called "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 Getinge Website may contain hyperlinks to the webpages of third parties. Getinge accepts no liability for the contents of such webpages and does not make representations about or endorse such webpages or their contents as its own, as Getinge does not control the information on such webpages and is not responsible for the contents and information given thereon. The use of such webpages 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 upon in each case at the time of purchase.
9. Other Liability, Viruses
9.1 The liability of Getinge 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 Getinge 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 Getinge makes every endeavor to keep the Getinge Website free from viruses, Getinge cannot make any guarantee that it is virus-free. The User shall, for his/her 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 take all reasonable steps to ensure security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the Getinge Website.
9.3 §§ 9.1 and 9.2 do not intend nor imply any changes in the burden of proof to the User's disadvantage.
10. Export Controls
10.1 The export of certain information, software and documentation, e.g. due to its nature or intended purpose or destination, may 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. Getinge shall label information, software and documentation in relation to German, EU and US 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 US Denied Persons List (DPL) shall receive goods, software or technology originating in the US;
- no undertaking or person named in the US Warning List, US Entity List or US Specially Designated National List shall receive goods originating in the US without permission; and
- the early warning advice notices of the respective German authorities shall be observed.
Access to software, documentation and information on the Getinge Website shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, Getinge shall not be obliged to perform.
10.3 Upon reques, Getinge shall inform the User of the relevant contact points for further information.
11. Data Privacy Protection
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
12.1 Any supplementary agreement requires the written form.
12.2 The place of jurisdiction shall be Munich if the User is a merchant under the terms of the German Commercial Code (Handelsgesetzbuch).