August 2017
1.1 Any use of the web site https://fleet.siemens-healthineers.com and the applicable sub-domains provided by Siemens Healthcare GmbH and/or its affiliates ("Siemens") to make use of all services further specified under section 2, ("teamplay Fleet Site"), is subject to these terms (“Terms of Use”). The purchase of products and services will be subject to different terms and conditions. Upon registration and log-in the user shall accept these Terms of Use in their then current version (“User”). 1.2 Siemens reserves the right to update these Terms of Use at any time in its own reasonable discretion. In particular, updates or enhancement of Siemens’ service offerings or changes in applicable laws may require Siemens to update these Terms of Use from time to time. 1.3 In the case of Web offers aimed at companies or public enterprises (“Customer”), such Customers are represented by the User.
2.1 This teamplay Fleet Site contains general as well as customer specific information and - as the case may be – software and related documentation, for viewing or downloading. In case the information in teamplay Fleet contradicts what has been contractually agreed the contractual agreement shall prevail over the information in teamplay Fleet. 2.2 Siemens may stop the operation of the teamplay Fleet Site in full or in part at any time and provide contractually agreed information/documentation through other means. Siemens does not accept any liability for the continuous availability of the teamplay Fleet Site. 2.3 Siemens has the right to modify, update and upgrade the teamplay Fleet Site to which the User has access, or to provide a new version. 2.4 The use of the teamplay Fleet Site is provided “as is” and Siemens does not guarantee or warrant that its use shall be error-free or uninterrupted.
3.1 Some pages of the teamplay Fleet Site are password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens reserves the right to deny registration to any User. Siemens particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area, in particular if the User
3.2 For registration the Customer shall nominate one Customer administrator (“Administrator”). User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to Siemens, is current at all times and an address at which the User can be contacted. 3.3 Upon registration the Administrator will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Siemens into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing. 3.4 The Administrator may distribute the User ID to Customer employees nominated by the Customer. The Customer employees may use the User ID to create accounts; in doing so they shall always protect their accounts with a state of the art password. 3.5 The User shall ensure that User Data is not 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 notify Siemens thereof without undue delay in writing, or, as the case may be, by e-mail. 3.6 After receipt of the notice under paragraph 3.5, Siemens will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Siemens or upon new registration. 3.7 The User may demand that his/her registration be cancelled at any time, provided that the cancellation does not conflict with on-going contractual relationships. In this case, Siemens will delete all User Data and all other personal data of the User as soon as they are no longer required for the implementation of the contractual relationship.
4.1 The use of any information, software and documentation made available on or via this teamplay Fleet Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Siemens. Separately agreed to license terms, for example software downloads or in the Utilization Management Addendum shall prevail over these Terms of Use. 4.2 Siemens grants User a non-exclusive and transferable only to Customers´ affiliates and on a need to know basis only license to the documentation made available to the User on or via the teamplay Fleet Site. Further licenses especially to any software or software tools are not granted. 4.3 In case the teamplay Fleet Site contains Open Source Software ("OSS”), Customer and User shall use the OSS in accordance with the applicable license conditions. Information about the relevant OSS and license conditions are provided by Siemens, e.g. via a Readme_OSS-file or as part of the documentation. The license conditions of the respective OSS shall prevail over these Terms of Use with respect to the OSS. If the license conditions of the OSS require the distribution of the source code of such OSS Siemens shall provide such source code on written request against payment of occurring costs (e. g. shipping and handling charges). 4.4 Information 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 teamplay Fleet Site or documentation nor shall it disassemble, reverse engineer or decompile any software used as part of the teamplay Fleet Site or separate any part thereof. 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 modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5.1 Notwithstanding the particular provisions in section 4 of these Terms of Use, information, brand names and other contents of the teamplay Fleet 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. 5.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded. 5.3 Siemens may, without charge, use any ideas or proposals stored by a User on the teamplay Fleet Sites for the development, improvement and sale of its products.
6.1 In accessing or using the teamplay Fleet Site the User shall not
6.2 Siemens recommends Customer to integrate the teamplay Fleet site into a holistic, state-of-the-art industrial security concept. Customer shall ensure that any technical amendments and changes made in connection with the use of teamplay Fleet are compatible with the IT security concept and individual security requirements of Customer.
The teamplay Fleet Site may contain hyperlinks to the web pages of third parties. Siemens 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 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.
8.1 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. 8.2 The information on the teamplay Fleet Site may contain specifications or 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.
9.1 The liability of Siemens for defects in relation to quality and title shall be determined in accordance with the provisions of section 8 of these Terms of Use. Any further liability of Siemens 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, failure to meet 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 makes every endeavor to keep the teamplay Fleet Site free from viruses and malware, Siemens cannot make any guarantee that it is virus-/malware-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.
10.1 If the User transfers information, software and documentation provided by Siemens to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America. 10.2 Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
10.3 If required to enable authorities or Siemens to conduct export control checks, the User, upon request by Siemens, shall promptly provide Siemens with all information pertaining to the particular end-User, the particular destination and the particular intended use of information, software and documentation provided by Siemens, as well as any export control restrictions existing. 10.4 The User shall indemnify and hold harmless Siemens from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Siemens for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof. 10.5 Siemens' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.
11.1 For collection, use and processing of personally identifiable data of the User of the teamplay Fleet Site, Siemens shall comply with applicable laws on data privacy protection and the teamplay Fleet Site Data Protection Privacy Policy, which is available per hyperlink on the teamplay Fleet Site. 11.2 The User acknowledges that Siemens or a third party on Siemens’ behalf may monitor the User’s access to and use of the teamplay Fleet for Siemens’ internal business purposes, e.g. to the extent required to ensure compliance with these Terms of Use. 11.3 Siemens constantly works on the improvement of its services and its equipment. To be able to optimize system availability as well as to ensure quality, Siemens uses certain non-personal data such as technical data (e.g. device properties, performance parameters) and system specific usage data of the Siemens systems. The Customer herewith authorizes Siemens or any affiliated company of Siemens, to access, collect, store, copy, modify, analyze, publish or otherwise make use of such data. The Customer further grants Siemens and Siemens affiliated companies the right, but only under the condition that Customer specific data shall be anonymized to the extent that neither Customer nor User identification shall be possible, to store copy, modify, analyze, publish or otherwise make use of such data for Siemens’ own commercial business purposes on a nontransferable, perpetual basis without restrictions in terms location or content. 11.4 User and/or Customer acknowledges that teamplay Fleet is not intended for handling or processing of Protected Health Information (PHI) as such term is defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). User and/or Customer is/are solely responsible to ensure that no PHI is introduced into the teamplay Fleet Site, and hereby assumes any and all liability under HIPAA for any failure to exclude PHI as required herein.
12.1. Any supplementary agreement requires the written form. 12.2. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, USA excluding conflict-of-law provisions. 12.3. The individual pages of the teamplay Fleet Site are operated and administered by Siemens Healthcare GmbH and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Siemens makes no representation that information, software and/or documentation on the teamplay Fleet Site are appropriate or available for viewing or downloading at locations outside such country. If Users access teamplay Fleet Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to teamplay Fleet Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Siemens, the User should contact the Siemens representative for the particular country for country specific business. 12.4. EACH OF THE PARTIES EXPRESSLY WAIVES ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE UNDER THIS AGREEMENT.
In the event any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.