Terms of Use for the B. Braun Apps

1. Terms of Use

The following Terms of Use apply to your use of the B. Braun Apps of the B. Braun Group of Companies (referred to herein as “B. Braun”): As a result of downloading and using a B. Braun App for the first time, you accept the following Terms of Use for the use of our apps. You further accept that no other terms and conditions, whether express or implied, shall apply to your use of our apps. The current B. Braun access rights and contact addresses can be found in the About Us section for each respective app.

2. Essential Features of B. Braun Apps

As a user of B. Braun Apps, you have access to information and documents, on a no charge basis, and the opportunity to have direct contact with the staff of B. Braun. The essential features of B. Braun Apps are:

2.1 The B. Braun Apps contain information and documents about the products, therapeutic fields and general services of B. Braun.

2.2 With the B. Braun Apps you have the opportunity of synchronising and annotating content on your tablet device, and to save them locally on a temporary basis.

2.3 No user fee is charged for the use of the B. Braun Apps. However, B. Braun reserves the right to set up advertisements, or banner advertising, within the B. Braun Apps.

2.4 If registration is required to enable expanded content for one of the B. Braun Apps, you expressly agree at the time of registration that B. Braun may send you targeted information and advertising offers on products and services, and the Apps provided by B. Braun, by email or mail, and that the personal details you provided during registration may be saved and processed for this purpose by B. Braun.

3. Conclusion of a contract and services

The agreement for the use of the B. Braun Apps, and the functions offered therein, is concluded when you download or use one of the B. Braun Apps for the first time.

3.1 Identification, Registration and Access to B. Braun Apps

Taking advantage of the services offered within the B. Braun Apps requires the download of a B. Braun App from an App Store, and your registration as a user within a B. Braun App. Downloading and registration will result in your acceptance of the Terms of Use of the App and you will then be issued with a personal password.

When you register, you also give your assurance that the information provided by you in your User Profile, especially the first name and surname, address, company name and email address, is accurate and is entirely your own.

You undertake to update all changes to your information immediately, using the function “My Profile” within an App.

The right to use the service features of a B. Braun App ends automatically in the case of a breach of the Terms of Use, or in the event that B. Braun deems it necessary to revoke your right to use the App. B.Braun may decide to revoke your use at any time, without giving reasons.

3.2 Use of access data

The access data is exclusively intended for the personal use of the user concerned. You must not, therefore, pass on the access data, especially your password, to anyone, including your family members or colleagues. You are obliged to maintain confidentiality about the access data, especially your password, and to prevent the unauthorised use of the B. Braun Apps by third parties. If you learn about a misuse of the access data or if you even suspect this to be the case, then you must inform B. Braun immediately. In the event of misuse or presumed misuse of your access data, B. Braun is authorised to block access to the Apps immediately. You will be liable for all the consequences of third party use, including any loss or damage, to the extent that you are responsible for the misuse of the access data. You will be deemed to be responsible for the misuse if you enabled the unauthorised use of the access data, even if only as a result of your negligence. Your liability will only end if you have notified B. Braun in writing about the unauthorised use (see About Us -> Contact) and have changed your password, if necessary.

3.3 Termination and withdrawal of access authorisation

B. Braun reserves the right to temporarily or permanently lock your access data in the case of any breach of these Terms of Use. A breach would include, but not be limited to, the provision of incorrect details in the User Profile, passing on your access data without authorisation, especially your password, and/or the misuse of the content and applications made available by B. Braun. B. Braun does not have to provide any reasons and/or notice to completely revoke your access rights with immediate effect or to suspend them for a discretionary period. B.Braun may also give notice to terminate the contract immediately due to exceptional circumstances.

3.4 Features; Email Services

3.4.1 Access to information

As a result of downloading a B. Braun App or additional identification and registration, you receive access to various information, documents and service offers free of charge.

3.4.2 News Update, Newsletters and regular status emails

As the user of a B. Braun App, B. Braun reserves the right to occasionally inform you about the latest contents when you start an App.

News will be displayed to you at least once during this process. After an App is displayed for the first time, you have the opportunity of suppressing the repeated displaying of such news each time the B. Braun App is loaded, by clicking on the button “Do not show again”.

If registration for expanded content is required for one of the B. Braun Apps, you expressly agree at the time of registration (as per clause 2.3) that B. Braun may send you targeted information and advertising offers on products and services provided by B. Braun by email or mail. You have the possibility at any time to object to the sending of such information, by applying to have your account deleted under “My Profile”. As a result of this, you lose the right to continue to use the expanded content which was enabled as a result of registration.

To receive emails, you must indicate an email address that is only used by you or that has been assigned for your sole personal use. Providing details of other email addresses, especially those belonging to third parties, is not permitted.

In the event of technical or other problems, please feel free to use the email address apps@aesculap.de to request technical support during deactivation.

4. Other regulations pertaining to the use of B. Braun Apps

4.1 Confidentiality of access data

Your access data is exclusively intended for you, for the personal use of the offers, and must therefore be treated confidentially by you.

4.2 Purpose of use

The purpose of the voluntary service features within the B. Braun Apps is restricted to accessing the content made available by us, the preparation of user-related local annotations and comments and the temporary local storage of narrated documents.

5. Copyright, licensing rights and trademark rights

The design of the B. Braun Apps (inasmuch as it does not concern standard app element) as well as the text, images, graphics, layouts, sounds, animations, videos and database contained herein are copyright protected or are subject to other laws protecting intellectual property. B. Braun is entitled to these rights, if nothing to the contrary is shown.

The offered B. Braun Apps must not be interpreted or used in such a way that it could mean that any license or the title to a copyright, patent, trademark or other industrial property right would be transferred by B. Braun to another third party either by implication, estoppel or in some other manner.

6. Data backups

It is your responsibility to regularly back up relevant data and information to protect yourself against loss, damage or modifications, at a technical level suitable for the importance of the data,

In particular, B. Braun does not assume any warranty and liability that the annotations/comments in documents created by you in an App and any locally saved versions of documents will be retained or backed up permanently as this data can get lost, especially during the updating process.

7. Data protection, saving of data

We save your personal data for the purpose of activating enhanced content in a B. Braun App and the targeted provision of information. You can find further information on handling your personal data in the Data Protection Regulations, which you can download in the App under the (i) symbol -> Download Data Protection Regulations.

8. Liability

B. Braun does not give any warranty or make any representation as to the accuracy, completeness or actuality of the information contained within the Apps including, but not limited to, the page contents, the published documents, the expert information and the existence of viruses.

B. Braun will not accept liability for any loss or damage resulting from your use of a B. Braun App, unless the loss and damage was caused intentionally or by the gross negligence of our employees, representatives or vicarious agents, or a breach of our material contractual obligations.

The expert information provided in the B. Braun Apps is used exclusively at your risk. B. Braun will not accept liability for any loss or damage arising as a result of your use of the expert information, unless the loss and damage was caused intentionally or by the gross negligence of our employees, representatives or vicarious agents, or a breach of our material contractual obligations.

The above liability restriction applies to loss or damage arising as a result of your loss of data or other malfunctions which occur as a result of using the service features in the B. Braun Apps, or because of temporary restrictions or interruptions in accessing the B. Braun Apps.

The B. Braun Apps may contain links to external third party Web pages. We have no influence over their contents and accept no liability for it, or any loss or damage arising as a result of its access or use. The respective supplier or operator of the page is personally responsible for the content of the linked pages. However, if we hear about illegal or inappropriate content, we will immediate remove any such links.

In the event that we are liable for your loss or damage our liability is limited to your direct and actual losses, provided they were in the contemplation of the parties at the time the contract was entered into. Under no circumstances will B. Braun be liable for any indirect, consequential, special, or random losses, including but not limited to lost profits or other financial benefits. Nothing in this clause shall exclude or limit B. Braun’s liability for death or personal injury, save as to the extent that it is limited by product liability law.

9. Changing the Terms of Use

B. Braun reserves the right to change the Terms of Use at any time without having to provide reasons. The new Terms of Use will be displayed the next time an App is started. This will not result in any additional or extended obligations for you.

10. Choice Of Jurisdiction / Law

The exclusive jurisdiction for all disputes as a result of using B. Braun Apps is Melsungen. The laws of the Federal Republic of Germany apply exclusively.

11. Final Provisions

If any of the provisions in the preceding Terms of Use are deemed void or unenforceable, or become completely or partially void or unenforceable, this will not affect the validity of the remaining provisions. A legally valid provision coming as close as possible to the provision that ceases to exist will take its place. The same also applies in the event of a loophole.

Melsungen, December 2011