Terms of Use

1. Scope

1.1 These Terms of Use of Stormoff GmbH ("Stormoff") govern the use of the internet pages provided by Stormoff GmbH and/or its subsidiaries (the " Stormoff Website"). Any use of the Stormoff Website is only permitted on the basis of these Terms of Use, which may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services, at the sole discretion of Stormoff. The User accepts these Terms of Use in their then current version each time when logging-in or, if a log-in is not required, when starting to use the Stormoff Website.

1.2 If the User while using the Stormoff Website acts as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or that it acts as administration customer.

2. Services

2.1 Stormoff offers on the Stormoff Website specific information, software and related documentation, as the case may be, for viewing or downloading.

2.2 Stormoff may at any time cease the operation of the entire Stormoff Website or parts thereof. Stormoff shall not accept any responsibility and shall not be liable for the continuous availability of the Stormoff Website.

2.3 Stormoff may deny Users access to the Stormoff Website at any time without notice and without providing reasons.

3. Registration, Password

3.1 Some pages of the Stormoff Website may be password protected. For reasons of safety and security of business transactions, only registered Users may access such pages. Stormoff reserves the right to deny registration to any User at its sole discretion. Stormoff also reserves the right to subject any part of the Stormoff Website to a registration requirement even if such part had previously been freely accessible. Stormoff shall be entitled to prevent Users from accessing one or more password-protected areas by blocking User Data (as defined below) at any time and without having to provide reasons.

The foregoing in particular applies if a User:

  • uses a false identity for the purpose of misleading others;
  • violates these Terms of Use or neglects its duty of care with regard to User Data; or
  • does not use the Siemens Healthineers Website for a longer period of time.
3.2 When registering, the User shall provide accurate information, and shall inform Stormoff online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to Stormoff is current and effective for contacting the User.

3.3 The User will be provided with an access code upon registration which comprises a User ID and a password ("User Data"). On first access the User shall change the password received from Siemens Healthineers into a password known only to the User. The User Data permits the User to view or change its data or to withdraw its consent to data processing, as the case may be.

3.4 The User is liable for all transactions and other activities carried out under its User Data and shall ensure that such User Data is not accessible by third parties. The User shall log-off from all password protected websites at the end of each online session. If a User becomes aware of any misuse of its User Data by third parties, Stormoff must be informed in writing or by e-mail without undue delay.

3.5 After receipt of a notice under section 3.4, Stormoff will deny the User access to all password-protected areas under the affected User Data. Access will only be permitted again upon corresponding application to Stormoff or a new registration of the User.

3.6 The User may at any time request in writing the deletion of its registration, provided that such deletion does not impair or prevent the proper performance of a contractual relationship. Following such request Stormoff will delete all User Data and any other personally identifiable data of the User in compliance with applicable legislation as soon as such data are not required anymore.

4. Rights of Use to Information, Software and Documentation

4.1 Any use of information, software and documentation provided by Stormoff on the Stormoff Website, and of any updates thereof, (the "Stormoff Contents") shall be subject to these Terms of Use or the applicable license terms agreed with Stormoff, provided that separately agreed license terms shall always prevail over these Terms of Use.

4.2 Stormoff grants the User a non-exclusive and non-transferable right to use the Stormoff Contents to the extent agreed between Stormoff and the User or, if there is no such agreement, in accordance with the purpose obviously intended by Stormoff in making the same available.

4.3 Software shall be made available in object code only at no expense to the User. Source code shall not be made available except for source code of open source software, if and to the extent applicable license conditions prevail over these Terms of Use and require the disclosure of the source code. In such case Stormoff shall make the source code available in return for payment of the costs.

4.4 The User shall not distribute the Stormoff Contents to third parties, or make them available in any other way. Unless required by applicable mandatory laws, the User shall not modify, disassemble, reverse engineer or decompile software or any parts thereof that are part of Stormoff Contents. The User may make one backup copy of software if required for securing its use.

4.5 The Stormoff Contents are protected by copyright laws, international copyright treaties and other laws and conventions on intellectual property and the User shall comply therewith. In particular, the User shall not remove any alphanumeric codes, marks or copyright notices from the Stormoff Contents.

5. Intellectual Property

5.1 Notwithstanding the provisions of section 4 of these Terms of Use, any brand names and other Stormoff Contents made available on the Stormoff Website may not be modified, copied, reproduced, sold, rented, supplemented or used in any other way without the prior written permission of Stormoff.

5.2 These Terms of Use shall not confer any rights in copyrights or other intellectual property to the User, including rights in copyrights, brands, patents or utility models, except as expressly granted herein, and there shall be no implied obligation of Stormoff to do so.

6. Duties of the User

6.1 While using the Stormoff Website the User shall not:

  • harm or infringe the personal rights of third parties;
  • breach public morality;
  • infringe intellectual property or other proprietary rights;
  • upload, store or distribute any contents containing malware, such as viruses, trojan horses, worms, spyware or any other malicious programs;
  • upload, store or distribute hyperlinks or contents which are illegal, in breach of confidentiality obligations or which the User is not entitled to;
  • distribute advertising materials or unsolicited e-mails ("spam"), including incorrect warnings of viruses, defects etc.
  • solicit or request participation in any lottery, snowball system, chain letter, pyramid game or similar schemes.
6.2 If the User breaches any obligation arising from these Terms of Use, and without prejudice to any other remedies Stormoff may have, such User will immediately be denied access to the Stormoff Website.

7. Data Privacy Protection

For the collection, use and processing of personally identifiable data of the User on or in connection with the Stormoff Website, Stormoff shall comply with applicable laws on data privacy protection and the Stormoff Website Data Protection Privacy Policy, which is available per hyperlink on the Stormoff Website.

8. Supplementary Agreements, Place of Jurisdiction, Applicable Law

8.1 Any supplementary agreement requires the written form.

8.2 The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).

8.3 Stormoff makes no representation that the Stormoff Contents offered on the Stormoff Website are appropriate or available for viewing or downloading at locations outside of Germany. If Users access the Stormoff Website from other countries than Germany, such Users are exclusively responsible for their compliance with local laws. Access to Stormoff Contents from countries where such contents are illegal is prohibited.

8.4 These Terms of Use shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with the laws of Germany, to the exclusion of its conflict of laws rules.