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Philips reserves the right to discontinue or make changes or updates with respect to the Webtool or the Content at any time without notice. Philips reserves the right to restrict, refuse or terminate access of any person to the Webtool or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
THE WEBTOOL AND ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, DATA, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBTOOL, INCLDUING WITHOUT LIMITATION THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION THE PURPOSE, NON-INFRINGEMENT OR AS TO THE OPERATION OF THIS WEBTOOL OR THE CONTENT. Neither Philips nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Webtool will meet your requirements, (ii) the Webtool will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Webtool (including any information and materials on this Webtool) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
Philips and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no responsibility or liability for interruptions or omissions of/in internet, network or hosting services and do not warrant that the Webtool or the services which make this Webtool available or electronic communications sent by Philips are free from viruses or any other harmful elements.
Furthermore, Philips and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall not be responsible or liable for support or interruption or any problems due to: (i) the infrastructure, hardware, virtual machines, network(connectors), information, content, software, scripts, data, files, application programming, web servers or service, materials, equipment, (ii) your acts or omissions; (iii) virus or hacker attacks.
Any information or material downloaded or otherwise obtained through the use of this Webtool, including without limitation the Content, is done at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of such information or material.
The Webtool is simply another means to request service from Philips. Therefore, if you enter a service request in the Webtool that would have resulted in a chargeable call had you entered with the local [Philips customer service center], it will still be a chargeable service through the Webtool and it will be subject to all of the other applicable terms of your service agreement with Philips.
If you notice any issues with the transmission of the data related to your tickets, we request you to contact your local [Philips customer service center]. If you are not able to access the Webtool at any time, please contact your local Philips customer service center.
The Webtool is not designed to transmit Personally Identifiable Information (PII) and Protected Health Information (PHI). You shall not submit such information with your ticket or any submission. You are reminded of your obligation to maintain the privacy and security of all patient data entrusted to your organization and Philips assumes no responsibility for such data that you submit via the Webtool in violation of these terms.
You shall not:
By submitting any User Content to the Webtool, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.
You affirm, represent and warrant that the User Content submitted to the Webtool does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.
You hereby grant to Philips, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Webtool or any other Philips web site or in other Philips marketing or public relations materials in any and all media.
You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Philips may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Philips, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Webtool.
Philips does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Philips expressly disclaims any and all liability in connection with User Content.
IN NO EVENT SHALL PHILIPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBTOOL AND/OR THE CONTENT, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT ON THE PART OF PHILIPS.
The aggregate and cumulative liability of Philips or any of its subsidiaries, affiliates, partners, licensors, brand licensees or suppliers under this agreement shall not exceed the amount of EUR 100 (“one hundred euro’s”). If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
Any software made available for downloading from or through this Webtool is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. PHILIPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Philips and its affiliates own all rights, title and interest in and to the Webtool, the software to operate and publish the Webtool, the compilation of data on the Webtool, and the order, sequence and arrangement of this Webtool, the Content and other Philips’ Confidential Information and all modifications and derivative works of each of the foregoing, and all Intellectual Property Rights therein. All rights in the Content not expressly granted herein are reserved.
You shall not remove or alter any copyright notices, proprietary information notices, trademarks or other legends or marking contained in the Webtool, Content and other Philips’ Confidential Information.
You shall not use Philips’ name or logo or any adaptation thereof, for any purpose without Philips’ prior written approval, which may be granted or withheld at Philips sole discretion.
You will not publish anything in connection with the Webtool, unless you have obtained Philips’ prior written approval therefor.
Philips and its affiliates shall own all right, title and interest in and to any results of any feedback provided by you to Philips relating to the Webtool, the Content, and any other Philips Confidential Information in any manner they see fit. You hereby assign all right, title and interest in and to feedback to Philips and waive in favour of Philips, its successors and assigns any and all moral rights that you have or may have in feedback and agree to provide Philips such assistance as it may require to document, perfect and maintain Philips’ rights to the feedback.
You represent and warrant that (i) you are not located in a country that is subject to a UN, EU or U.S. Government embargo, or that has been designated by any governmental authority as a “terrorist supporting” country; and (ii) you are not listed on any UN, EU or U.S. Government list of prohibited or restricted parties.
You agree that you will not directly or indirectly, export or re-export the Webtool or any Content to any country for which any UN, EU or U.S. export control laws and regulations requires an export license or other approval, unless the appropriate export license or approval has first been obtained.
We have the sole right to shut down the Webtool or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content.