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Terms of Use |
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PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE The Multitec website (the "Site"), including but not limited to www.sonotrader.com and its affiliated sites, provides an online resource for healthcare professionals. 1. Proprietary Rights.Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are either Copyright © 2005 Multitec, or are the proprietary property of Multitec's affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Multitec's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Multitec, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our Copyright Agent for more information. Other copyrighted materials displayed on the Site are the property of their respective owners. 2. User Conduct - GeneralIn using this Site, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites; In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to any export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in Austria. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. Multitec makes no representation that the Site is appropriate or available for use outside Austria. 3. User Conduct - Posting Materials and Other Communications on the SiteThe Site contains areas where you may post and share information with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. Multitec reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Multitec and its affiliates and parties with whom Multitec has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site. You expressly agree that you will not discuss or refer to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to "off label" uses of medical products, including any uses which have not been approved by the EU Medical Devices Directive Competent Authorities, US Food and Drug Administration or other applicable regulatory agency. Except as otherwise provided in section 4 below, you agree that any communications or copyrighted works you post on the Site, including, without limitation, comments, ideas, plans, notes, drawings, configurations, specifications, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such Information to Multitec via email or other means you grant to Multitec an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose. 4. Privacy PolicyYou acknowledge and agree that Multitec may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. 5. Multitec Content, Product and Service Information - LimitationsAll content available through the Site, including but not limited to data, technical drawings, configurations and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service posted on the Site. Specifications for products and services are subject to change without notice, and Multitec reserves the right to make changes without notice to processing, materials, or configuration. Multitec does not guarantee that products or services listed in any online catalog will be available. All information on the Site is subject to the disclaimers of section 7 below. 6. Links and Third Party ContentLinks to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Multitec of -- or responsibility for -- the linked Web sites or any content, services or products available on or through such sites. Links from Other Web Sites. (1) the link is a text-only link containing only the title of the home page of this Site,
be such as to damage or dilute the goodwill associated with the name and trademarks of Multitec or its affiliates. Multitec reserves the right to revoke this consent to link at any time in its sole discretion. Third Party Content. This Site may contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community. You agree that neither Multitec nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information. 7. DisclaimersTHIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MULTITEC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT MULTITEC DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES POSTED BY THIRD PARTIES ON THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, MULTITEC AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES POSTED BY THIRD PARTIES ON THE SITE. MULTITEC DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES MULTITECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE. MULTITEC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF MULTITEC, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. MULTITEC DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MULTITEC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. YOU ACKNOWLEDGE THAT NOTHING ON THE SITE CONSTITUTES A BINDING OFFER OF ANY PRODUCTS OR SERVICES POSTED ON THE SITE. 8. Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MULTITEC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MULTITEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. 9. GeneralApplicable Law. These Terms of Use shall be governed by and construed in accordance with the laws of Austria, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Austria. Other. These terms constitute the entire agreement between you and Multitec governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred. |




