1.2. Sivantos is not responsible in the event that any information made available to you on the Hearingaids.com Web Site is inaccurate or incomplete. The content of the Hearingaids.com Web Site is provided for general informational purposes only and should not be relied on or used as the basis for making decisions without additional verification as to the completeness, accuracy and currency of the content of the Hearingaids.com Web Site. Sivantos reserves at all times the right but not the obligation to modify the content of the Hearingaids.com Web Site without notice to you, including but not limited to making changes or improvements to products, services or other particulars described on the Hearingaids.com Web Site.
2.1. This Hearingaids.com Web Site contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
2.2. Sivantos may stop the operation of the Hearingaids.com Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Sivantos cannot accept any liability for the continuous availability of the Hearingaids.com Web Site.
3. Registration, Password
3.1. Some pages of the Hearingaids.com Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Sivantos reserves the right to deny registration to any User. Sivantos particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Sivantos is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
uses false data for the purpose of registration;
violates any applicable laws in the access to or use of the Hearingaids.com Web Site; or
3.2. For registration the 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 Sivantos, is current at all times and 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 promptly change the password received from Sivantos 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 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 Sivantos thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5. After receipt of the notice under paragraph 3.4, Sivantos 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 Sivantos or upon new registration.
3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Sivantos will remove 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 to Information, Software and Documentation
4.2. Sivantos grants User a revocable at will, non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Hearingaids.com Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Sivantos in making same available.
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. Intellectual Property
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. Sivantos may, without charge, use any ideas or proposals stored by a User on the Hearingaids.com Web Sites for the development, improvement and sale of its products.
6. Duties of the User
6.1. In accessing or using the Hearingaids.com Web Site 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, such as a 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 unlawful; or
distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate 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 activity.
The Hearingaids.com Web Site may contain hyperlinks to the web pages of third parties. Sivantos 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 Sivantos 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.
YOUR USE OF THE HEARINGAIDS.COM WEB SITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE HEARINGAIDS.COM WEB SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.THE HEARINGAIDS.COM WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE HEARINGAIDS.COM WEB SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SIVANTOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE HEARINGAIDS.COM WEB SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE HEARINGAIDS.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE HEARINGAIDS.COM WEB SITE WILL BE SECURE; THAT THE HEARINGAIDS.COM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE HEARINGAIDS.COM WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE HEARINGAIDS.COM WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIVANTOS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. TO THE EXTENT ALLOWED BY APPLICABLE LAWS, SIVANTOS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE HEARINGAIDS.COM WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL SIVANTOS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE HEARINGAIDS.COM WEB SITE OR ANY USE OF THE HEARINGAIDS.COM WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE HEARINGAIDS.COM WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SIVANTOS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SIVANTOS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE HEARINGAIDS.COM WEB SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SIVANTOS IS TO DISCONTINUE YOUR USE OF THE HEARINGAIDS.COM WEB SITE AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HEARINGAIDS.COM WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Compliance with Export Control Regulations
10.1. If the User transfers information, software and documentation provided by Sivantos 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
There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Sivantos, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
Such information, software and documentation provided by Sivantos are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
10.3. If required to enable authorities or Sivantos to conduct export control checks, the User, upon request by Sivantos, shall promptly provide Sivantos with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Sivantos, as well as any export control restrictions existing.
10.4. The User shall indemnify and hold harmless Sivantos 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 Sivantos 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. Sivantos’s 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 embargoes or other sanctions.
11. Data Privacy Protection
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
12.3. You consent irrevocably to the non-exclusive jurisdiction of the courts of Singapore. Sivantos reserves the right, if it sees fit, to bring proceedings in the courts of the country of your residence. We recognize that you may obtain access to the Hearingaids.com Web Site from other jurisdictions in the world and we are unable to prevent such access. The Hearingaids.com Web Site has been designed to comply with the laws of Singapore. If any material on the Hearingaids.com Web Site is contrary with the laws of the place where you are accessing the Hearingaids.com Web Site, we ask that you do not use the Hearingaids.com Web Site.
12.4. The individual pages of the Hearingaids.com Web Site are operated and administered by Sivantos and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Sivantos makes no representation that information, software and/or documentation on the Hearingaids.com Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Hearingaids.com Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Hearingaids.com Web 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 Sivantos, the User should contact the Sivantos representative for the particular country for country specific business.