Terms of use for the website of Sutter Medizintechnik GmbH

1. Scope of Application
1.1    The use of the website offered by Sutter Medizintechnik GmbH (“Sutter”) is only permissible under the following conditions. On an individual basis the general terms of use may also be modified or replaced by further conditions, e. g. for the purchase of products or services. By logging in or, if a separate log-in is not required, when starting to use the website, the user accepts the terms of use of the version of the website he is using.

1.2    If the user is a company or uses the website on behalf of a company, i. e. if he is self-employed or a tradesman or works for a public body, § 312e sec. 1 S. 1 No. 1 - 3 of the German “Bürgerliche Gesetzbuch” is not applicable.

1.3    In the case of offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

2. Benefits
2.1    On this website Sutter provides certain information and software, and sometimes documentation, for viewing or downloading.

2.2    Sutter has the right to discontinue operation of the Sutter website or parts thereof at any time. Due to the nature of the internet and computer systems Sutter does not assume liability for the availability of the Sutter website.

3. Rights of Use for Information, Software, and Documentation
3.1    The use of the information, software and documentation provided by the Sutter website is subject to these conditions or, in the case of updates of information, software, and documentation, to the relevant licence conditions, which were agreed upon at an earlier point in time. Separate licence agreements, e. g. in case of software downloads, override these conditions.

3.2    Sutter grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the Sutter website as agreed upon or, if nothing has been agreed upon, in accordance with the purpose for which Sutter has provided and given the information, software and documentation available on the Sutter website.

3.3    Statements about OR procedures and results for the individual areas of treatment were developed with leading doctors specialized in the areas described. Such statements do not constitute detailed treatment instructions. They are not intended to replace the user instructions of the medical devices used. They are to be considered as general guidelines, which must be examined by the user for their applicability and usability in each case.

3.4    Information, software and documentation must not be sold, leased or passed on in any other way to a third party at anytime. Unless there are mandatory legal stipulations to the contrary, the user may not reconvert or decode the software or extract program elements. He will not decompile or disassemble the program, carry out reverse engineering or attempt otherwise to deviate the source code.

3.5    Information, software and documentation are protected by copyright laws and international copyright treaties as well as by intellectual-property laws and conventions. The user agrees herewith to observe these provisions and not to remove trademark and copyright notes.

4. Intellectual Property
4.1   Nothwithstanding the special conditions under 3 of these user terms, information, tradenames and other content of the Sutter website may not be changed, copied, reproduced, sold, leased, used, amended or be used in another way without prior consent by Sutter.

4.2    Except for the expressly granted user rights or other rights expressly stated herein, no other rights in whatever form are granted to the user including but not limited to rights of the company name and other industrial property laws, patents, design patens or trademarks. Sutter has no duty to grant such rights.

5. Hyperlinks
5.1    The Sutter website may contain hyperlinks to third-party websites. Sutter does not assume any liability for the contents of such websites and does not appropriate such websites and their contents the reason being that Sutter does not verify linked information and cannot be held liable for contents and information provided through links. The use thereof shall be at the user’s own risk.

6. Liability for Material Defects and Defects of Title
6.1    If information, software and documentation is provided free of charge, liability for material and legal defects is excluded, provided the defects were not caused by malice or wilful intent. Material or legal defects may include, but are not limited to the correctness, freedom of error, freedom of third-party property and copyrights, completeness, and usability.

6.2    Information on the Sutter website may include specifications or general descriptions of technical product possibilities, which may not always be available individually, such as product changes. The desired product characteristics have to be specified and agreed on individually when the product is sold.

7. Other Areas of Liablity, Viruses
7.1    Sutter’s liability for material and legal defects is based on the conditions in 6 of these terms of use. Any other provisions for liability are excluded by Sutter unless mandatory liability shall apply due to instances such as product liability laws, wilful intent, gross negligence, injury of body, life and health, acceptance of a guarantee of quality, fraudulent concealment, defects or fundamental breach of contract. Compensation for fundamental breach of contract is limited to the foreseeable damage inherent to the contract, unless caused by malice or gross negligence.

7.2    Although Sutter strives to keep the Sutter website free of viruses, Sutter will not guarantee that its site is free of viruses. Sutter recommends that the user will see to have adequate safety features and a virus scan installed before he engages in downloading information, software and documentation.

7.3    The aforementioned conditions under 7.1 and 7.2 do not intend a reversal of the burden of proof to the disadvantage of the user.

8. Data Confidentiality
8.1    During access to the Sutter website information will from time to time be recorded automatically. This information cannot be traced to a specific person (e.g. internet browser, operating system, domain name, duration of visits, pages retrieved). The information is used by Sutter to determine how attractive the website is and in order to improve the contents of the website further.

8.2    Personal data such as name, address, telephone number, e-mail address will only be collected by Sutter if the user has conveyed these expressly for registration, inquiry, survey or similar purposes.

8.3    Personal data will be saved and processed by Sutter exclusively for individual assistance to pass on product information and to submit service offers. In accordance with data safety regulations Sutter shall treat all data as confidential.

9 Additional Agreements, Jurisdiction, Applicable Law
9.1    Any changes to this document must be in writing.

9.2    Place of jurisdiction is Freiburg in Breisgau, Germany if the user is a commercial trader in the sense of the HGB (German Commerical code) or does not have a general place of jurisdiction.

9.3    The individual pages of the Sutter website are maintained by Sutter, who is responsible for their contents. The pages are based on the requirements valid in the country of Germany where Sutter has its company base. Sutter cannot be held liable for information, software and documentation that is retrieved or may be downloaded outside Germany. If users outside Germany access the Sutter website, they are also responsible to observe the respective national laws and regulations. Access to information, software and documentation on the Sutter website from countries in which access is considered illegal is prohibited. In such a case, if the user intends to enter into business relations with Sutter, he will have to contact the Sutter representative of the country in question.

9.4    German law excluding UN code of commerce shall apply.