1. Scope

1.1 These Terms of Use of Global Medical Projects – FZE govern the use of the internet pages provided by Global Medical Projects – FZE and/or its subsidiaries (the ” Global Medical Projects – FZE Website”). Any use of the Global Medical Projects – FZE 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 Global Medical Projects – FZE. 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 Global Medical Projects – FZE Website.

1.2 If the User while using the Global Medical Projects – FZE 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 Global Medical Projects – FZE offers on the Global Medical Projects – FZE Website specific information, software and related documentation, as the case may be, for viewing or downloading.

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

2.3 Global Medical Projects – FZE may deny Users access to the Global Medical Projects – FZE Website at any time without notice and without providing reasons.

3. Registration, Password

3.1 Some pages of the Global Medical Projects – FZE Website may be password protected. For reasons of safety and security of business transactions, only registered Users may access such pages. Global Medical Projects – FZE reserves the right to deny registration to any User at its sole discretion. Global Medical Projects – FZE also reserves the right to subject any part of the Global Medical Projects – FZE Website to a registration requirement even if such part had previously been freely accessible. Global Medical Projects – FZE 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 Global Medical Projects – FZE Website for a longer period of time.

3.2 When registering, the User shall provide accurate information, and shall inform Global Medical Projects – FZE online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to Global Medical Projects – FZE 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 Global Medical Projects – FZE 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, Global Medical Projects – FZE must be informed in writing or by e-mail without undue delay.

3.5 After receipt of a notice under section 3.4, Global Medical Projects – FZE 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 Global Medical Projects – FZE 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 Global Medical Projects – FZE 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 Global Medical Projects – FZE on the Global Medical Projects – FZE Website, and of any updates thereof, (the “Global Medical Projects – FZE Contents”) shall be subject to these Terms of Use or the applicable license terms agreed with Global Medical Projects – FZE, provided that separately agreed license terms shall always prevail over these Terms of Use.

4.2 Global Medical Projects – FZE grants the User a non-exclusive and non-transferable right to use the Global Medical Projects – FZE Contents to the extent agreed between Global Medical Projects – FZE and the User or, if there is no such agreement, in accordance with the purpose obviously intended by Global Medical Projects – FZE 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 Global Medical Projects – FZE shall make the source code available in return for payment of the costs.

4.4 The User shall not distribute the Global Medical Projects – FZE 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 Global Medical Projects – FZE Contents. The User may make one backup copy of software if required for securing its use.

4.5 The Global Medical Projects – FZE 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 Global Medical Projects – FZE Contents.

5. Intellectual Property

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

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 Global Medical Projects – FZE to do so.

6. Duties of the User

6.1 While using the Global Medical Projects – FZE 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 Global Medical Projects – FZE may have, such User will immediately be denied access to the Global Medical Projects – FZE Website.

7. Data Privacy Protection

For the collection, use and processing of personally identifiable data of the User on or in connection with the Global Medical Projects – FZE Website, Global Medical Projects – FZE shall comply with applicable laws on data privacy protection and the Global Medical Projects – FZE Website Data Protection Privacy Policy, which is available per hyperlink on the Global Medical Projects – FZE 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 Global Medical Projects – FZE makes no representation that the Global Medical Projects – FZE Contents offered on the Global Medical Projects – FZE Website are appropriate or available for viewing or downloading at locations outside of Germany. If Users access the Global Medical Projects – FZE Website from other countries than Germany, such Users are exclusively responsible for their compliance with local laws. Access to Global Medical Projects – FZE 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.