Terms of use for Heka Dental’s websites

Last updated: 2018-05-01
Version 1.0

1. Scope

1.1. All use of websites provided by Heka Dental A/S (Heka Dental) is subject to these Terms of Use. These Terms of Use may be altered, amended or replaced by other terms and conditions, for example, for the purchase of products and services. By logging in, or where log in is not required, these terms of use are accepted in their present version whenever you use or make use of the Heka Dental website.
1.2. In the case of web offers aimed at businesses or public bodies such businesses or public bodies are represented by the user and must assume that the user has adequate knowledge and acts accordingly.

2. Services

2.1. This Heka Dental website contains specific information and software as well as related documentation for display or download.
2.2. Heka Dental may at any time suspend operation of the Heka Dental website in whole or in part. Due to the nature of the internet and computing devices, Heka Dental cannot accept any responsibility for the continued availability of the Heka Dental website.

3. Registration, passcode

3.1. Some pages on the Heka Dental website may be passcode protected. With regard to security and the security of business transactions, only registered users may gain access to the pages in question. Heka Dental retains the right to deny registration to any user. Heka Dental retains in particular the right to determine that certain areas that were previously openly accessible shall henceforth be subject to registration. Heka Dental has the right at any time, and without obligation to state the reasons, to deny the user access to the passcode protected area by blocking the user’s data (as defined below), in particular if the user
– uses false data to register
– contravenes these conditions of use or is negligent in the duty of care relating to user data
– contravenes applicable legislation on access to or use of the Heka Dental website or
– has not used the Heka Dental website for an extended period.
3.2. When registering, the user must enter accurate data and if this data changes over time, to update this data (to the extent this is possible: online) without undue delay. The user must ensure that the email address as provided to Heka Dental is always valid and an address where the user may be contacted.
3.3. On registration the user will be given an access code that consists of a user ID and code word (“user data”). On first access the user should immediately change the access code received from Heka Dental to a code word known only to the user. User data gives the user the option to view or change their data or where relevant to withdraw consent to data processing.
3.4. The user must ensure that user data is not accessible for any third party and is responsible for all transactions and other activities performed under the user data. At the end of every online session, the user must log off the websites protected by the access code. If, and insofar as the user becomes aware of this, a third party misuses the user data, the user must notify Heka Dental of this in writing without undue delay and if so via email.
3.5. Following receipt of the notification in accordance with paragraph 3.4, Heka Dental will deny access to the passcode protected area under the user data. Access by the user will only be possible again following the user’s application to Heka Dental or through a new registration.
3.6. The user may at any time request the termination of their registration in writing, on condition that the deletion does not violate the correct fulfilment of contractual obligations. In this case, Heka Dental will delete all user data and other stored personally identifiable data from the user profile as soon as this data is no longer required.

4. Rights of use of information, software and documentation

4.1. Use of information, software and documentation that is available on or via this Heka Dental website is subject to these Terms of Use, or when the information, software or documentation is updated, subject to the applicable licensing terms previously agreed with Heka Dental. Separate agreements on licensing terms, for example, on the transfer of software, shall take precedence over these Terms of Use.
4.2. Heka Dental gives the user a non-exclusive and non-transferable license, which may not be sub-licensed, to use the information, software and documentation made available to the user on or via Heka Dental’s website to the extent agreed on or in the case of no such agreement to the extent that the purpose of Heka Dental is to make the same available.
4.3. Software shall be made available in object code at no cost. There is no right that the source code must be made available. This does not apply to source code related to open source software, whose licensing terms take precedence over these Terms of Use in the event of transfer of open source software and whose terms require that the source code shall be made available. In such cases, Heka Dental shall make the source code available upon payment of costs.
4.4. Information, software and documentation may not be distributed by the user to any third party at any time, nor may it be leased or otherwise made available. Unless permitted under statutory law, the user may not alter the software or documentation, nor may the user dismantle, rebuild or decompile the software or dismantle parts thereof. The user may create a backup security copy of the software where this is necessary to ensure continued use in compliance with these Terms of Use.
4.5. The information, software and documentation are protected by copyright law as well as international treaties as well as other laws and conventions governing intellectual property rights. The user must comply with such laws and must in particular not alter, conceal or remove alphanumeric codes, trademarks or copyright protected comments either from the information or the software or the documentation or any copies thereof.

5. Intellectual property rights

5.1. Notwithstanding the special provisions in section 4 of these Terms of Use, information, trademarks and other content on the Heka Dental website must not be altered, copied, reproduced, sold, leased, used or supplemented or employed in any other manner without prior written permission from Heka Dental.
5.2. Apart from rights of use and other rights expressly granted here, no other rights are granted to the user and no form of obligation shall be granted requiring additional rights. All patent rights and licenses are expressly excluded.
5.3. Heka Dental may at no cost apply some ideas or proposals stored by a user on Heka Dental’s websites for the development, improvement and sale of its products.

6. User obligations

6.1. On accessing or use of Heka Dental’s website the user must not
– injure other users, in particular minors or violate their personal rights
– violate public morals in their manner of use
– violate any intellectual property rights or other property rights
– upload content that contains virus(es), trojan horse(s) or other program that can damage data
– send, save or upload hyperlinks or content that the user does not enjoy rights over, particularly in cases where such hyperlinks or content contravenes confidentiality obligations or is illegal or
– distribute advertising or unsolicited emails (so-called spam) or inaccurate warnings on viruses, errors or other comparable material and the user may not announce or encourage participation in any lottery, snowball system or pyramid scheme or comparable activity.
6.2. Heka Dental may at any time deny access to the Heka Dental site, especially if the user violates any obligation arising from these Terms of Use.

7. hyperlinks

Heka Dental websites may contain hyperlinks to third party websites. Heka Dental does not assume any liability for the content of such websites and does not endorse or support such websites or their content as its own, as Heka Dental does not control the information on such websites and is not liable for the information and content provided therein. The use of such websites shall be entirely at the user’s own risk.

8. Liability for defects in quality or title

8.1. Insofar as any information, software or documentation is made available at no cost, all liability for defects in regard to quality or title of the information, software and documentation, in particular regarding correct or missing defects or defective claims or third-party rights or in relation to completeness and/or fitness is excluded, except in case of deliberate neglect or fraud.
8.2. The information on Heka Dental’s website may contain specifications or general descriptions related to the technical options for individual products that may not be accessible in certain cases (e.g. because of product changes). The required performance of the product shall therefore in every instance be as agreed at the time of purchase or download.

9. Other liability, viruses

9.1. Heka Dental’s liability for defects in relation to quality and title is determined in accordance with the provisions of section 8 of these Terms of Use. Any additional liability for Heka Dental is excluded, unless this is required under the law, for example, pursuant to the Product Liability Act or in cases of wilful negligence, gross negligence, personal injury or fatality, failure to comply with guaranteed characteristics, fraudulently concealed defects or in cases of breach of basic contractual obligations. Damages in the event of breach of basic contractual obligations are limited to the contract-typical foreseeable damages if there is no deliberate neglect or gross negligence.
9.2. While Heka Dental does all in its power to keep the Heka Dental website free of viruses, Heka Dental cannot guarantee that it is virus free. For their own protection, users must take the necessary steps to ensure adequate security measures and employ a virus scanning program before downloading information, software or documentation.
Sections 9.3., 9.1 and 9.2 do not intend or imply any change to the burden of proof of the user’s inconvenience.

10. Compliance with export control regulations

10.1. If the user transfers information, software and documentation provided by Heka Dental to a third party the user must comply with all applicable national and international (re-) export control regulations. Under such circumstances the user must observe the export control regulations of the German Federal Republic, the European Union and the United States of America.
10.2. Before any such transfer to a third party the user must in particular control and guarantee with suitable measures that
– There will be no violation of any sanctions imposed by the European Union, the USA or the United Nations in such a transfer or in the provision of other financial resources in connection with information, software and documentation from Siemens, while also considering the limitations on domestic businesses and prohibitions against evading these sanction;
– Such information, software and documentation provided by Heka Dental are not intended for use in connection with weaponry, nuclear technology or comparable.
– The rules for all currently sanctioned party lists for the EU and the USA concerning trade with entities, persons and organisations named therein are duly considered.
10.3. If necessary to permit the authorities or Heka Dental to perform export controls, the user must at Heka Dental’s request immediately give Heka Dental all information regarding the individual end user, the specific destination and the specific intended use of information, software and documentation provided by Heka Dental, as well as any existing export restrictions.
10.4. The user must indemnify Heka Dental from and against any claims, processes, actions, fines, losses, costs and damages that arise as a result or related to the user’s non-compliance with export control rules and the user must compensate Heka Dental for all losses and expenses incurred thereby, unless the non-compliance is not due to the user’s error. This provision does not imply any change to the burden of proof.
10.5. Heka Dental’s obligation to enter an agreement is conditional on its fulfilment not being hindered by obstacles resulting from national and international trade and customs requirements or embargoes or other sanctions.

11. Data security protection

For collection, use and processing of personally identifiable data from users of Heka Dental’s website, Heka Dental must comply with all applicable laws on the protection of personal data and Heka Dental’s Confidentiality policy, which is available at www.heka-dental.com.

12. Supplementary agreements, jurisdiction, applicable law

12.1. Any supplementary agreement requires the written form.
12.2. The venue of jurisdiction is Copenhagen. Any disputes are to be resolved in accordance with Danish law in the Danish courts.
12.3. The individual pages of the Heka website are administered by Heka Dental A/S. The pages comply with the applicable law in the country in which the responsible enterprise has its registered business office. Heka Dental does not warrant that the data, software and/or documentation on Heka Dental’s website is relevant or available for viewing or downloading at locations outside the country in question. If the user accesses the Heka Dental website outside of such a country, the user is wholly responsible for compliance with applicable local laws. Access to Heka Dental’s website’s data, software and/or documentation from countries where such content is illegal is prohibited. In this instance and where a user seeks to do business with Heka Dental, the user should contact Heka Dental’s representative for the country in question for the country-specific businesses.
12.4. These Terms of Use are governed by Danish law and all disputes related or in connection with these Terms of Use or their subject shall be resolved in accordance with Danish law, with the exclusion of its conflicts of law rules. Use of the United Nations’ Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980 is excluded.