- Registration and password
- Rights of Use to Information, Software, and Documentation
- Intellectual Property
- Duties of the User
- Liability for defects of title or quality
- Other Liability, Viruses
- Export Control
- Data Privacy Protection
- Place of Jurisdiction, Applicable Law
2.1 BrainLit offers on the BrainLit Web Site specific information and software, as well as – as the case may be – related documentation, for viewing or downloading.
3. Registration and Password
3.1 Some pages of the BrainLit Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. BrainLit reserves the right to deny registration to any User. BrainLit particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. BrainLit 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).
3.2 For registration the User shall give accurate information and, where such information changes over time, shall inform BrainLit thereof (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to BrainLit, will be current 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 change the password received from BrainLit into a password known only to the User. The User Data allows the User to view or change its data or, as the case may be, to withdraw its consent to data processing.
3.4 The User shall ensure that the User Data will not be 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 inform BrainLit 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, BrainLit shall deny access to the password-protected area under such User Data. Access will only be possible again upon the User’s application to BrainLit or upon new registration.
3.6 The User may at any time demand the deletion of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event BrainLit will delete all user data and other stored personally identifiable data of the User as soon as these data are not needed anymore.
4. Rights of Use to Information, Software, and Documentation
4.2 BrainLit grants the User a non-exclusive and non-transferable right to use the information, the software and documentation made available to the User on the BrainLit Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by BrainLit in making same available.
4.4 Information, software, and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use.
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 remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.
5. Intellectual Property
5.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the BrainLit Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of BrainLit.
5.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, including, but not limited to, the use of company’s name or intellectual property rights such as patents, trademarks or utility models.
6. Duties of the User
6.1 While using the BrainLit Web Site the User shall not
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled to use, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are illegal; or
- distribute advertising or unsolicited e-mails (so-called “spam”) or incorrect 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 action.
7.1 The BrainLit Web Site may contain hyperlinks to the Web pages of third parties. BrainLit accepts 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 BrainLit 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.
8. Liability for defects of title or quality
8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software, and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud as well as personal injury or death.
8.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other Liability, Viruses
9.1 Any further liability of BrainLit is excluded unless required by law. Except in respect of death or personal injury arising from negligence, BrainLit and the hosts of this site hereby exclude liability for any claims, losses, demands or damages of any kind whatsoever with respect to any information and/or services provided on our website including but not limited to direct, indirect, incidental or consequential loss or damages, compensatory damages or loss of profits or data whether based on a breach of contract or warranty, delict or tort (including negligence), product liability or otherwise.
9.2 Although BrainLit makes every endeavour to keep the BrainLit Web Site free from viruses, BrainLit cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures.
10. Export Controls
10.1 The export of certain information, software, and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA.
10.2 Upon request BrainLit shall inform the User of the relevant contact points for further information.
11. Data Privacy Protection
12.1 The BrainLit website contains information about products which may or may not be available in any particular country, and if available, have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the state or country where the reader resides.
13. Place of Jurisdiction, Applicable Law