Download 4.2 While using the Hill-Rom Web Site the User shall not

1. Scope
1.1 The use of these internet pages provided by Hill-Rom and/or its subsidiaries ("Hill-Rom "),
"Hill-Rom Web Site", is subject to these Conditions. By starting the use of the Hill-Rom Web
Site these Conditions are accepted.
2. Materials
2.1 Hill-Rom offers on the Hill-Rom Web Site information, software or documentation
(“Materials”) for purposes as designated on the web site.
3. Access and password protection
3.1 Hill-Rom reserves the right to a) grant, deny, limit or withdraw access rights of any user,
without any notice and b) make access conditional by requiring e.g. the submission of certain
information of the User and c) impose certain user conditions.
3.2 Some Materials on the Hill-Rom Web Site may be password protected. The User shall
ensure that its passwords will not be accessible by third parties and User is liable for all
transactions and other activities carried out under its password.
4. Permission and conditions of use of the Materials
4.1
Hill-Rom grants the user a non-exclusive and non-transferable permission to use the
Materials, made available to the user on the Hill-Rom Web Site for the purpose intended
by Hill-Rom in making the Materials available.
4.2
While using the Hill-Rom Web Site the User shall not:
•
violate any (Hill-Rom) intellectual property right or any other proprietary right;
•
upload any contents containing a virus or any other program that could damage
data;
•
transmit, store or upload hyperlinks or contents to which the User is not entitled
to use, in particular in cases where such hyperlinks or contents are in breach of
confidentiality obligations or are illegal; or
•
distribute advertising, spam, unsolicited messages or incorrect warnings of
viruses, defects or similar material and the User shall not solicit or request the
participation in any lottery, game or any action whereby money or benefits in
kind are sought.
5. Intellectual Property
5.1
The Materials are protected by copyright and other intellectual property right laws. The
Materials found on the Hill-Rom Web Site may not be changed, copied, reproduced,
sold, rented, used, supplemented or otherwise used in any other way without the prior
written permission of Hill-Rom.
5.2
Except for the rights of use and other rights expressly granted herein, no other rights
shall be granted to the User.
6. Links
6.1
The Hill-Rom Web Site may contain links to the Web pages of third parties. Hill-Rom
accepts no liability for the contents of third party web pages and does not make
representations about or endorse such web pages or their contents as its own, as HillRom does not control or verify the content or accuracy of the information on such web
pages and declines all responsibility for the contents and information given thereon. The
use of such web pages shall be at the sole risk of the User and be governed by the
terms use of those Web pages.
7. Liability
7.1
Insofar as any Materials are made available by Hill-Rom, these are provided “as is”. Any
liability for defects as to quality or title of the Materials 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, merchantability are excluded, to maximum
extent permitted by law. The required performance of a product shall be separately
agreed and not be governed by the web content.
7.2
The Materials may contain general descriptions related to the technical possibilities of
individual products but these possibilities or products, may not be available to the User
in certain cases, included but not limited to product changes, lacking regulatory
approvals, export controls etc.
7.3
Hill-Rom and the hosts of this web site hereby exclude any and all liability, to the
maximum extent permitted by applicable law, for any claims, losses, demands or
damages of any kind whatsoever with respect to Materials provided on its website
including but not limited to direct, indirect, incidental or consequential loss or damages,
compensatory damages or loss of profits or data, damages to IT systems and data
bases, loss of data, User Data privacy breaches, whether based on a breach of contract
or warranty, delict or tort (including negligence), product liability or otherwise.
7.4.
The User shall, for its own protection, be solely responsible to take the necessary steps
to ensure appropriate IT and data security measures.
8. User Data Privacy Protection & Data Transmission
8.1
For collection, use and processing of personally identifiable data (“User Data”) of the
User on the Hill-Rom Web Site, Hill-Rom shall comply with applicable laws on data
privacy protection. User agrees and accepts that Hill-Rom websites may be hosted in
other territories than were User is located, and User consents to User Data
transmission, User Data processing and User Data controlling by Hill-Rom and its
service providers anywhere in the world.
9. Market regulations
9.1
Each country has specific rules governing the communication of medical or other
information about medical products. Nothing herein should be construed as a solicitation
or promotion for any product which is not authorized by the laws and regulations of the
country where the User is located. If anything on the Hill-Rom website is construed as
being contrary to the laws applicable in any other country, then the Hill-Rom website is
not intended to be accessed by persons from that country and any persons who are
subject to such laws shall not be entitled to use the Hill-Rom website.
10. Place of Jurisdiction, Applicable Law
10.1
The Hill-Rom Web Site is operated and administered by companies located in multiple
locations worldwide. These Conditions shall be governed by and resolved in accordance
with applicable local law.