General Terms and Conditions - BIOTRONIK Media Database

1. Subject

1.1 BIOTRONIK SE & Co KG ("BIOTRONIK") provides the USER with online access to BIOTRONIK's "BIOTRONIK media online" ("Database") for Internet research and for downloading image files, presentations ("Media Objects") and printed materials within the scope of these terms of use. The Database is used by BIOTRONIK employees for the performance of their official duties and by BIOTRONIK partners for the performance of their duties under contractual agreements to be concluded in parallel ("the Approved Purpose(s)").

1.2 The Database is used exclusively on the basis of these General Terms and Conditions. No other terms and conditions shall apply, even if BIOTRONIK does not expressly object to them.

2. Registration, User account

2.1 BIOTRONIK shall grant the User access rights for searching and downloading media objects from the database within the scope of the Approved Purpose(s) and shall assign a user name (user ID) and password to the User for this purpose. User ID and password are to be kept separately by the User and kept strictly secret. If the use of the database becomes possible for third parties as a result of a culpable breach of this confidentiality obligation by the User, the User shall bear the damages incurred by BIOTRONIK due to such breach. If the User has reason to suspect that third parties may have obtained knowledge of his password, he shall notify BIOTRONIK thereof without undue delay. BIOTRONIK will then assign a new password to the User.

2.2 The user ID and the password enable the user to access the database for searching and downloading of media objects from the database only to the extent that is granted by BIOTRONIK on its own discretion to the user in order to reach the approved purpose(s). Furthermore, the User shall only be entitled to download such media objects as he/she actually uses for the approved purpose(s). There is no entitlement to an extension of the right of use. In the case of users who are legal entities, only employees of the legal entity may receive a usage authorization.

2.3 The user's authorization is valid for the period of time required to achieve the approved purpose(s). Once the purpose(s) has/have been achieved, the access authorization and the user ID of the user shall automatically expire and BIOTRONIK shall be entitled to deactivate and delete any access data.

3. Use of the database

3.1 The database may only be used by the User for such purposes as BIOTRONIK has authorized the User to use it in accordance with these Terms of Use. In particular, the media objects downloaded within the scope of the approved purpose may not be used by the User in a manner that offends the sense of decency, be it in a religious, defamatory or other form.

3.2 The user of the database is therefore expressly prohibited from using the database and/or the downloaded media objects for any purpose(s) other than the approved purpose(s). This applies both to the user's own exclusive commercial, non-commercial or political purposes and to the commercial, non-commercial or political purposes of third parties, as well as to any distribution and/or public reproduction of the downloaded files outside the purpose(s). Any use of the media objects made available to the User by BIOTRONIK beyond the scope of these provisions requires the prior written consent of BIOTRONIK.

4. Rights of use

4.1 All rights, in particular all rights of use and exploitation under copyright law, to the database and to all individual parts of the database shall be exclusively vested in BIOTRONIK in its relationship with the User. The user is granted a simple, revocable right of use to use the media objects exclusively within the scope of the approved purpose(s).

4.2 Each image file is accompanied by details of the image rights, the source of the image file and the nature and extent of any restrictions on use and/or application, in particular in terms of content, time and/or space. This information is an integral part of these terms of use. The user undertakes to strictly comply with these additional legal terms of use as an integral part of these terms of use.

4.3 The User shall indemnify BIOTRONIK against all claims asserted by third parties against BIOTRONIK due to non-compliance with these Terms of Use including the additional legal terms of use.

4.4 BIOTRONIK has produced the contents of the database itself or these have been produced for BIOTRONIK and the greatest possible care has been taken in compiling the data and random samples have been taken to check their accuracy and completeness. Nevertheless, it is possible that individual data are incorrect and/or incomplete. BIOTRONIK assumes no liability for this or for the usability of the downloaded media objects for the user within the scope of the approved purpose(s).

5. Availability

5.1 BIOTRONIK assumes no obligation to update and/or expand the database.

5.2 In the event of the occurrence of more than insignificant disturbances or errors in the database, BIOTRONIK will endeavour to rectify them as quickly as possible. In the case of insignificant impairments, BIOTRONIK will strive for a remedy within a reasonable period of time.

6. Liability

6.1 BIOTRONIK shall be liable to the User in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

6.2 In other cases, BIOTRONIK shall be liable - unless otherwise provided for in Section 6.3 - only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the User may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, BIOTRONIK's liability is excluded, subject to the provision in section 6.3.

6.3 BIOTRONIK's liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability

7. Other

7.1 These terms of use are subject to the laws of the Federal Republic of Germany.

7.2 The place of jurisdiction is Berlin, if the user is a merchant or a legal entity under public law, or if he has his residence or registered office abroad.

Berlin, 28.09.2021