If the User while using the Comprehenso Website acts as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or that it acts as administration customer, § 312i para. 1 sentence 1 no. 1 – 3 of the German Civil Code does not apply.
Comprehenso offers on the Comprehenso Website specific information, training materials, DICOM data, and related documentation, as the case may be, for viewing or downloading.
Comprehenso may at any time cease the operation of the entire Comprehenso Website or parts thereof. Comprehenso shall not accept any responsibility and shall not be liable for the continuous availability of the Comprehenso Website.
Comprehenso may deny users access to the Comprehenso Website at any time without notice and without providing reasons.
3. Registration, Password
Some pages of the Comprehenso Website and the Comprehenso Media Portal are or may be password protected. For reasons of safety and security of business transactions, only registered Users may access such pages. Comprehenso reserves the right to deny registration to any User at its sole discretion. Comprehenso also reserves the right to subject any part of the Comprehenso Website to a registration requirement even if such part had previously been freely accessible. Comprehenso 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;
• does not use the Comprehenso Website for a longer period of time.
When registering, the User shall provide accurate information, and shall inform Comprehenso online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to Comprehenso is current and effective for contacting the User.
During registration, the User will be able to choose a user name and a personal password (“User Data”). 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.
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 its User Data by third parties, Comprehenso must be informed in writing or by e-mail without undue delay.
After receipt of such a notice, Comprehenso will deny the User access to all password-protected areas under the affected User Data. Access will only be permitted again upon new registration of the User.
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 Comprehenso 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
Comprehenso grants the User a non-exclusive and non-transferable right to use the Comprehenso Contents to the extent agreed between Comprehenso and the User or, if there is no such agreement, in accordance with the purpose obviously intended by Comprehenso in making the same available.
The User shall not distribute the Comprehenso 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 other digital media that are part of Comprehenso Contents.
The Comprehenso 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 Comprehenso Contents.
4.6 §§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
6. Duties of the User
While using the Comprehenso 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.
7. Third Party Content
The Comprehenso Website may contain hyperlinks to webpages of third parties. Comprehenso does not control and shall not assume any responsibility or liability for the contents and information provided on such webpages. In addition, Comprehenso 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.
The Comprehenso Website may occasionally contain information or data provided by third parties, such as but not limited postings in user groups. Comprehenso assumes no liability whatsoever for any such third party information or data.
8. Quality or title defects
Any warranties or liability for defects of the Comprehenso Contents as to quality or title, express or implied, are excluded, including warranties of correctness, completeness, merchantability and/or fitness for purpose, or of absence of third party rights, except for cases of willful misconduct, fraud, gross negligence, personal injury or death.
The Comprehenso 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
The liability of Comprehenso for defects in relation to quality and title shall be determined in accordance with the provisions of section 8 of these conditions. Any further liability of Comprehenso is excluded unless and to the extent required by applicable mandatory law, e.g. in cases of willful misconduct, fraud, 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.
Although Comprehenso endeavors to keep the Comprehenso Website free from viruses and other malware, Comprehenso 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 Comprehenso Contents. In addition, the User shall take reasonable security precautions and, in particular, use a virus scanner before uploading any contents onto the Comprehenso Website.
The aforementioned in section 9 does not intend nor imply any changes to the burden of proof to the User’s disadvantage.
10. Export Controls
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 Comprehenso Contents, in particular with those of the EU as well as the individual EU member states and the USA. Comprehenso shall label Comprehenso Contents in relation to German, EU and U.S. export control lists.
The User shall particularly check and verify that
• the Comprehenso 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 Comprehenso Website shall only take place if such conforms with the above tests and guarantees. Where the User does not comply with the above, Comprehenso shall not be obliged to perform.
Upon request Comprehenso shall inform the User of the relevant contact points for further information.
11. Data Privacy Protection
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
Any supplementary agreement requires the written form.
The place of jurisdiction shall be Hannover, Germany if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
Comprehenso makes no representation that the Comprehenso Contents offered on the Comprehenso Website are appropriate or available for viewing or downloading at locations outside of Germany. If Users access the Comprehenso Website from other countries than Germany, such Users are exclusively responsible for their compliance with local laws. Access to Comprehenso Contents from countries where such contents are illegal is prohibited.