Terms of use

1. Scope

1.1 The use of these websites (“atmos-medap.de and atmos-medap.com) provided by ATMOS MedizinTechnik GmbH & Co. KG (ATMOS) is permitted only on the basis of these terms of use. These terms of use can be added to at any time, modified or replaced by other regulations, for example those relating to the purchase of products and services. With your registration or, where none is required, with the use of the ATMOS MEDAP web shop, you recognise these terms of use in their current valid version.

1.2 If the user uses the ATMOS MEDAP web shop as a business customer or governmental customer, i.e. not acting for purposes outside his or her trade, business or profession, then § 312e para. 1 sentence 1 no. 1-3 of the German Civil Code shall not apply.

2. Services

2.1 In its ATMOS MEDAP web shop, ATMOS offers specific information and software as well as related documentation for viewing or downloads.

2.2 ATMOS may at any time wholly or partially adjust the operation of the ATMOS MEDAP web shop. Due to the nature of Internet and computer systems, ATMOS cannot assume any liability for the continuous availability of the ATMOS MEDAP web shop.

3. Registration, Password

3.1 Some pages of the ATMOS MEDAP web shop may be protected by password. In the interest of the security of business transactions, these pages may only be used by registered users. ATMOS reserves the right to refuse application to users. ATMOS in particular reserves the right to have certain previously freely accessible pages only usable after registration. ATMOS can deny users access to password-protected areas (as defined below) by blocking user data at any time without specifying reasons, in particular in the following cases:

3.2 When registering, the user must provide truthful information and, if this changes over change, inform ATMOS of this without undue delay (preferably online). Users need to ensure that their e-mail address specified to ATMOS is valid and that they can be reached at this address.

3.3 Upon registration, users receive their access data in the form of a user ID and a password ("user data"). Upon the first login, the user must change the password assigned by ATMOS to a private password known only to the user. With the user data, the user can view or edit his or her personal information or possibly revoke his consent for the further processing of his or her data.

3.4 The user must ensure that his (hereinafter "his" shall refer to "his or her") user data is not be available to third parties and is liable for all transactions and other activities that are carried out with his user data. At the end of each online session, the user must log off from the password-protected parts of the ATMOS MEDAP web shop. Should the user find out that his user data is being misused by third parties, the user must immediately inform ATMOS of this in writing or, if necessary, by e-mail.

3.5 After receipt of a notification in accordance with § 3.4, ATMOS blocks access to the password-protected area with said user data. The affected user will regain access only after a new application with ATMOS.

3.6 The user may at any time in writing request deletion of his registration, provided that the deletion does not contradict with the proper performance of contractual relationships. In this case, ATMOS will delete all user data and other personal data of the user as soon as these data are no longer needed.

4. Rights of Use to Information, Software and Documentation

4.1 The use of any information, software and documentation available on the ATMOS MEDAP web shop is subject to these terms of use or - in the case of updating information, software or documentation - licence terms previously agreed with ATMOS. Separately agreed licence terms shall prevail over these terms of use.

4.2 ATMOS grants the user a non-exclusive and non-transferable right to use the information, software and documentation in the ATMOS MEDAP web shop to the extent agreed or - in the absence of such an agreement - as part of the purpose pursued by ATMOS through their provision.

4.3 Software is provided free of charge in object code. There is no right to publish the source code. This does not apply to source code for open source software, whose licence conditions take precedence over these terms of use with respect to the disclosure of this software and whose provisions require the disclosure of the source code. In this case, ATMOS shall disclose the source code for an expense allowance.

4.4 The user is not allowed to pass on information, software and documentation to third parties at any time, nor to loan them out or otherwise make them available in any other way. Unless permitted by law, the user may not modify, decompile or use reverse engineering means to analyse the software or documentation. The user may make one backup copy of the software if this is necessary to ensure its continued use.

4.5 The information, software and documentation are protected by copyright laws and international copyright treaties as well as by other laws and agreements regarding intellectual property. The user must independently ensure compliance with these laws. In particular, the user may not remove any labels, markings or copyright notices from the information, software or documentation.

4.6 §§ 69a et seq. of the German Copyright Act remain unaffected by this.

5. Intellectual Property

5.1 Notwithstanding the special provisions in § 4 of these terms of use, information, brand names and other contents of the ATMOS MEDAP web shop may neither be altered nor copied, reproduced, sold, loaned, used, supplemented or otherwise used without the prior written permission of ATMOS.

5.2 Apart from the rights of use and other privileges expressly granted herein, the user is not granted any further rights. In particular no rights to (among other things, but not exclusively) the company name or intellectual property, such as patents, brand names or use models, are granted.

6. Duties of the user

6.1 By using the ATMOS MEDAP web shop, the user may not

•   harm others, in particular minors, or violate their personal rights;
•   disturb public order through his type of use;
•   violate copyright or other proprietary rights;
•   upload content that contain viruses, so-called Trojan horses or other programs harmful to data;
•   transmit, save or upload hyperlinks to which the user has no rights, especially in those cases where such hyperlinks or contents violate confidentiality agreements or are criminal in nature; or
•   distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings against viruses, defects or similar. Additionally, the user may not encourage or demand participation in any lotteries, Ponzi schemes, chain letters, pyramid schemes or comparable actions.

6.2 ATMOS may at any time block access to the ATMOS MEDAP web shop, especially if the user does not fulfill his obligations resulting from these terms of use.

7. Hyperlinks

The ATMOS MEDAP web shop may contain hyperlinks to third party websites. ATMOS is not liable for the content of such websites and disclaims any authorship of such websites or their content. ATMOS has no control over the information provided on these websites and is not responsible for their contents and information. The use of these websites occurs at your own risk.

8. Liability for quality or defects of title

8.1 Since the information, software or documentation is provided free of charge, no liability is assumed for legal or qualitative defects of information, software and documentation, especially in terms of their correctness and accuracy or freedom from claims by third parties or with respect to their completeness and/or suitability for specific purposes - with the exception of such cases where intentional misconduct or fraud as well as personal injury and death exist.

8.2 The information may contain general descriptions of the technical characteristics and options of individual products that are not available for all products under certain circumstances (e.g. due to changes in the product). Therefore, the desired function of the product is considered as mutually agreed at the time of purchase.

9. Other Liability, Viruses

9.1 The liability of ATMOS for qualitative or legal defects is always to be determined in accordance with the provisions 8 of these terms of use. ATMOS excludes any further liability, unless another legal regulation exists, e.g. for any wilful misconduct, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of defects or in case of breach of fundamental contractual obligations. The damage in case of breach of fundamental obligations is limited to contractually typical, foreseeable damage if there is no wilful misconduct or gross negligence.

9.2 Although ATMOS makes every effort to keep the ATMOS MEDAP web shop free from viruses, ATMOS cannot guarantee the absence of viruses on the site. For his own protection, the user needs to take the necessary steps to initiate the appropriate security measures and should use a virus scanner before downloading any information, software or documentation. The user must take all reasonable steps to initiate safety measures and use a virus scanner so that a virus-free uploading is ensured on the ATMOS MEDAP web shop.

9.3 No modifications to the burden of proof to the detriment of the user are intended or implied in §§ 9.1 and 9.2.

10. Export Controls

10.1 The export of certain information, software and documentation may be subject to authorisation, for example due to its nature or its purpose or destination. The user has to explicitly agree with the export regulations for information, software and documentation, in particular with those of the EU and its member states as well as the USA. ATMOS must label information, software and documentation in accordance with the German, the EU and US export control lists.

10.2 The user must explicitly check and verify that

•   the information, software and documentation are not used for military, nuclear or armament purposes or other type of military use;
•   no companies or persons listed in the US list of denied persons obtain goods, software or technology originating from the United States;
•   no company or person listed on the US warning list, the US entity list or the US list of specially designated nationals receives goods originating from the US without permission; and
•   the early warning instructions of the respective German authorities are observed.

Access to software, documentation and information in the ATMOS MEDAP web shop may only occur insofar as it conforms to the above examinations and guarantees. If users do not comply with the above provisions, ATMOS does not have any performance obligation towards them.

10.3 Upon request, ATMOS must refer the user to the relevant contact partner for further information.

11. Data Protection

With regard to the collection, use and processing of personal data of the user to the ATMOS website, ATMOS must comply with all applicable privacy laws and the privacy policy provisions of the ATMOS website. The latter can be viewed by hyperlink in the ATMOS MEDAP web shop or under www.atmosmed.de.

12. Supplementary Agreements, Place of Jurisdiction, Applicable Law

12.1 All additional agreements must be in the written form.

12.2 The place of jurisdiction is set as Freiburg, unless the user is a trader within the meaning of the German Commercial Code.

12.3 The ATMOS MEDAP web shop is operated and managed by companies domiciled in Germany. ATMOS assumes no guarantee that information, software and/or documentation in the ATMOS MEDAP web shop are suitable or available for viewing or download outside Germany. For every visit to the ATMOS MEDAP web shop from outside Germany, the respective users are only responsible for compliance with the laws applicable there. The access of information, software and/or documentation in the ATMOS MEDAP web shop from countries where such content is prohibited is not permitted. These terms of use shall be governed by German law and all disputes relating to these terms of use or their subject matter are to be resolved in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) from 11 April 1980 is excluded.