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SimCapture App terms of service

SIMCAPTURE SUBSCRIPTION APPLICATION LICENSE (STANDALONE)

TERMS AND CONDITIONS

Last updated 21 APRIL 2020

This SIMCAPTURE SUBSCRIPTION APPLICATION LICENSE Terms and Conditions (“Terms”) is a legal agreement between your Organisation and Laerdal Medical A/S (“Laerdal”) which governs the licence and use by your Organisation of applications and content known as the “SimCapture App” and the SimCapture Subscription Service”.

 

PLEASE READ THE THESE LICENSE TERMS CAREFULLY.

 

1.        Acceptance of these Terms

By checking the “I Agree” button, you acknowledge and agree that you are an authorized representative of the organization or institution under which you are registered (the “Organization”) for access to and use of the SimCapture App and the SimCapture Subscription Service. You represent that you have the capacity and authority to bind the Organization to these Terms and these Terms apply to the provision of the SimCapture App and SimCapture Subscription Services to you. As used in these Terms, “you”, “your” and “yours” refers to your Organization and not to you personally.

 

To download and use the SimCapture App and the SimCapture Subscription Service, you confirm your agreement to these Terms on behalf of your Organization by checking the “I Agree” button. You should print off a copy of these Terms for future reference.

If you, on behalf of your Organization, do not to agree to these Terms or if you are not an authorised to accept these Terms on behalf of your Organisation, you must not use this site.   If your Organisation has subscribed to the SimCapture App and the SimCapture Subscription Service under the terms of another agreement with Laerdal then these Terms will not apply to your Organisation’s use of the SimCapture App or the SimCapture Subscription Service.

2.        Access to the SimCapture App and the SimCapture Subscription Service.

2.1           Ordering the License

Please follow the onscreen prompts to place your order for access to and use of the SimCapture App and the SimCapture Subscription Service. After you place your order you will receive an email from Laerdal acknowledging receipt but please note that this does not mean that your order has been accepted. Laerdal’s acceptance of your order takes place Laerdal sends an email to you to accept it at which point and on which date these Terms shall come into full effect in respect of the SimCapture App and the SimCapture Subscription Service. If Laerdal is unable to accept your order for any reason, you will be informed by email and this order will not be processed.

Your use of the SimCapture Subscription Service and the SimCapture App will require you to obtain, or be provided with, an account, including setting up a username and password. Your Organization is solely responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your Organization’s account. You agree to notify Laerdal immediately of any unauthorized access or use of your account or password. You may not use the account, user name or password of any other Organization at any time without the express written permission and consent of the holder of the account, user name or password.

Use of the SimCapture Subscription Service and the SimCapture App may require hardware and software devices compatible with the SimCapture Subscription Service and the SimCapture App. You agree that these requirements, which may change from time to time, are your responsibility.

2.2           Grant of licenses and payment of fees. Upon acceptance of your order as described in section 1 and 2.1 above, Laerdal grants to the Organisation and its Users the non-exclusive, non-transferable right (for an initial trial period of ninety (90) days) from Laerdal’s acceptance of your order to download the SimCapture App and to use and access the SimCapture App and/or the SimCapture Subscription Service via a designated Website solely for the benefit of the Organisation’s own medical training purposes in simulated environments or using simulation technologies PROVIDED ALWAYS that the Organisation’s and its Users’ use of the SimCapture App and/or the SimCapture Subscription Service will not involve actual patients in any clinical setting.

Upon expiry of the ninety (90) day period, the license granted in Clause 2.2. above expires automatically. You will be given an option to purchase a further license for an extended term commencing on the expiry of the initial ninety (90) day period subject to the payment of a fee but in all other respects, subject to these Terms. You agree that for any license you purchase under these Terms, you are responsible for all applicable taxes (including withholding taxes, value added tax or other tax). Any fees levied by Laerdal for the sale of licenses under these Terms are exclusive of taxes which will be payable by you.

3.        Use of SimCapture App and the SimCapture Subscription Service

3.1           Users. The organisation must ensure that only Users have access to or make use of the SimCapture App and/or the SimCapture Subscription Service. If the Organisation is notified or becomes aware that an unauthorized user and/or third party has gained access to or used the SimCapture App or the SimCapture Subscription Service, the Organisation shall promptly notify Laerdal. The Organisation shall take all reasonable steps to ensure that no Users shall take any action in breach of these Terms or the Acceptable Use Policy.  Such steps shall include, but shall not be limited to, imposing password restrictions on use of the SimCapture Subscription Service, securing the Organisation’s system, and administering and monitoring use of the SimCapture Subscription Service and the SimCapture App.

3.2           Third Party Service. The Organisation may choose to obtain products or services that are provided or supported by third parties (“Third Party Service”) for use with the SimCapture App or the SimCapture Subscription Service.  Laerdal shall have no responsibility for the accuracy, quality, integrity, legality, reliability, or appropriateness of Third-Party Service and Laerdal shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of any Third-Party Service.  The Organisation acknowledges that use of any Third-Party Service is at the Organisation’s sole risk and discretion.  Laerdal and its licensors are not liable or responsible for any results generated using Third-Party Service.

3.3           Reporting.  The Organisation shall promptly report to Laerdal any actual or suspected violation of Clause 2.2 or 3.1, above and shall take such further steps as may reasonably be requested by Laerdal to prevent or remedy any such violation.

3.4           Restrictions.  The Organisation (including its Users) shall not (a) use the SimCapture App and/or the SimCapture Subscription Service in any manner which is not expressly authorized under these Terms or which breaches any applicable law; (b) copy or reproduce any software in the SimCapture App and/or the SimCapture Subscription Service, in whole or in part; (c) modify, translate or create derivative works of any software in the SimCapture Subscription Service and/or the SimCapture App, either directly or through any third party, including but not limited to translated or localized releases of the software; (d) reverse engineer, decompile, disassemble or otherwise reduce any software in the SimCapture Subscription Service and/or the SimCapture App to source code form; (e) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes or otherwise transfer the SimCapture Subscription Service and/or the SimCapture App or the Organisation’s right to access and use the SimCapture App and/or the SimCapture Subscription Software or (f) remove or modify any copyright, trademark or other proprietary notice of Laerdal or its licensors. The Organisation acknowledges that the SimCapture App and the SimCapture Subscription Service are training tools and (consistent with Clause 2.1) shall not use the SimCapture App or the SimCapture Subscription Service to diagnose, treat, cure, mitigate, or prevent a disease or condition of a patient, or in any other clinical context.

3.5           Availability. Subject to scheduled outages for maintenance and other announced downtime, Laerdal shall use commercially reasonable efforts to make the SimCapture App and the SimCapture Subscription Service available for use by Users during the license but makes no guarantee of continuous availability or uninterrupted use. Laerdal’s sole obligation and the Organisation’s exclusive remedy for any unavailability of the SimCapture App and/or the SimCapture Subscription Service for more than twenty four (24) consecutive hours is limited to an extension of the license for the period of time equal to the period of time the SimCapture App or the SimCapture Subscription Service are unavailable PROVIDED that the Organisation has notified Laerdal of the unavailability in writing immediately upon becoming aware. Laerdal shall not be responsible for any unavailability described above which result from poor network connectivity or failure of equipment on the part of the Organisation or its Users.

4.        Intellectual Property. The Organisation acknowledges and agrees that the SimCapture App and/or the SimCapture Subscription Service used under these Terms is and shall at all times remain the sole and exclusive property of Laerdal or its licensors, including without limitation, all worldwide intellectual property rights including rights under any patent, trademark, copyright and trade secret laws recognised in any jurisdiction or country worldwide, including moral rights and similar rights.

5.        Customer Data

5.1     Customer Data Ownership and Warranty. Laerdal and the Orgsanisation acknowledge that all Customer Data entered and used with the SimCapture App and/or the SimCapture Subscription Service is and shall remain the property of Organisation and nothing in these Terms shall restrict Organisation’s use of its Customer Data.  Customer Data shall be considered Confidential Information subject to these Terms.   Laerdal shall have no responsibility for the accuracy, quality, legality, reliability, integrity or appropriateness of Customer Data, except to the extent of Laerdal’s obligations under applicable data protection legislation and these Terms with respect to any Customer Data that constitutes Personal Data.  Laerdal and its licensors are not liable or responsible for any results generated using Customer Data.  The Organisation represents and warrants that (a) it has the authority and right to transmit Customer Data through the SimCapture App to Laerdal and to grant the license under Section 5.2; and (b) the use of Customer Data will not infringe the intellectual property rights or other proprietary rights of any third party.

5.2     License to Laerdal.  The Organisation grants Laerdal and a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use display, transmit, modify and prepare derivative works of the aggregated or otherwise non-identifiable Customer Data in any media.  Laerdal may aggregate non-identifiable Customer Data with non-identifiable data from other customers and third parties to create  aggregated data that does not identify any individual or the metrics or information pertaining to any individual or its domain (“Aggregated Data”). Laerdal will own all rights to Aggregated Data, and has the irrevocable right to maintain, store, use and disclose Aggregated Data.

5.3     Confidentiality.  Each Party agrees to secure and protect the Confidential Information of the other in a manner consistent with the maintenance of the other party’s rights therein, using at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information of a similar nature, but in no event using less than reasonable efforts. “Confidential Information” means information that a disclosing party considers to be confidential, including but not limited to Customer Data, business and technical information, marketing plans, research, designs, plans, methods, techniques, processes and know-how, whether tangible or intangible and whether or not stored, compiled or memorialized physically, electronically, graphically or in writing. Confidential Information shall not include information which: (i) is, or as of the time of its disclosure or thereafter, becomes part of the public domain through a source other than the receiving party; (ii) was rightfully known to the receiving party as of the time of its disclosure; (iii) is independently developed by the receiving party; (iv) is subsequently learned from a third party not under a confidentiality obligation to the disclosing party; or (v) is required to be disclosed pursuant to an obligation under applicable laws, or a duly authorized subpoena, court order, or government authority, whereupon the party subject to same shall provide prompt written notice to the other party prior to such disclosure, so that such party may seek a protective order or other appropriate remedy.  The parties acknowledge that any quotes and pricing shall be treated as Confidential Information.

 

6.        Data protection and privacy.

6.1.   Your privacy. Laerdal collects and processes contact details of the authorised representatives of the Organisation in order to process and deliver the license to and manage payment from the Organisation under these Terms. For more information on how Laerdal handles this information, please visit Privacy Policy. This does not apply to Customer Data which is handled on behalf of the Organisation in accordance with the provisions of these Terms.

6.2.   Instructions. The Organisation instructs Laerdal to process the Customer Data in order to provide the SimCapture Subscription Service. The Organisation is solely responsible for determining the suitability of the SimCapture App and/or the SimCapture Subscription Service for the Organisation’s needs and for complying with applicable data protection legislation to the Customer Data and the Organisation’s use of the SimCapture App and/or the SimCapture Subscription Service, except for any obligations under data protection legislation that apply expressly to Laerdal in the context of its provision of the SimCapture App and/or the SimCapture Subscription Service. Laerdal will process Customer Data as necessary to provide the SimCapture App and/or the SimCapture Subscription Service pursuant to these Terms for the duration of the license granted under these Terms. Personal Data contained in the Customer Data is determined and controlled by the Organisation and includes Personal Data relating to Users of the SimCapture App, the SimCapture Subscription Service and all employees, staff and students of the Organisation engaged in simulation training which interact with the SimCapture App or the SimCapture Subscription Service.

6.2     Security.  Laerdal has, considering the state of the art, cost of implementation, the nature, scope, context and purposes of the SimCapture App and the SimCapture Subscription Service, and the level of risk, implemented appropriate technical and organizational measures to enable a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to Customer Data. At reasonable intervals, Laerdal tests and evaluates the effectiveness of these technical and organizational measures for enabling the security of the processing.

6.3     Data Protection. Where Laerdal is processing Personal Data for you, Laerdal will:

(a)                  only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and you agree that these Terms constitutes such documented instructions from you to Laerdal to process Customer Data;

(b)                 To the extent applicable, Laerdal relies upon standard contractual clauses for data transfers to countries outside the European Economic Area that do not have adequate levels of data protection as determined by the European Commission.  You appoint Laerdal as your agent solely for the purpose of entering into standard contractual clauses (as approved by the European Commission) to provide the SimCapture App and/or the SimCapture Subscription Services to you, under these Terms;

(c)                  ensure that all Laerdal personnel involved in the processing of Personal Data are party to confidentiality obligations in respect of the Personal Data;

(d)                 make available (at your expense) information necessary for you to demonstrate compliance with your Article 28 GDPR obligations (if applicable to you) where such information is held by Laerdal and is not otherwise available to you through your account and User areas or on Laerdal websites, provided that you provide Laerdal with at least 14 days' written notice of such an information request;

(e)                  cooperate as reasonably requested by you (at your expense) to enable you to comply with any exercise of rights by a data subject under GDPR in respect of Personal Data processed by Laerdal in providing the SimCapture App and/or the SimCapture Subscription Service;

(f)                   promptly notify you of all requests received directly from a data subject of any of their Personal Data in respect of that data subject's Personal Data submitted through the SimCapture App and/or the SimCapture Subscription Service;

(g)                  cooperate with data protection authorities or privacy regulators in the performance of such regulator's tasks where required;

(h)                 not store Personal Data (in a format that permits identification of relevant data subjects) for longer than is necessary for the purposes for which the data is processed save to the extent such retention is required for legitimate business purposes (with respect to, for example, security and billing), in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes; and

(i)                   assist you as reasonably required (at your expense) when you conduct a Data Protection Impact Assessment involving the SimCapture App and/or the SimCapture Subscription Service.

6.4     Sub-processing. You provide a general authorization to Laerdal to engage onward sub-processors, subject to compliance with the requirements in this Section 6.

6.5            Sub-processor List. Laerdal will, subject to any confidentiality provisions under these Terms or otherwise imposed by Laerdal:

6.5.1.1       make available to you a list of the Laerdal Subcontractors (“Sub-processors”) who are involved in processing or sub-processing Personal Data in connection with the provision of the SimCapture App and/or the SimCapture Subscription Service, together with a description of the nature of service provided by each Sub-processor (“Sub-processor List”).  A copy of this Sub-processor List may be requested by emailing privacy@laerdal.com);

6.5.1.2       ensure that all Sub-processors on the Sub-processor List are bound by contractual terms that are in all material respects no less onerous than those contained under these Terms; and

6.5.1.3       be liable for the acts and omissions of its Sub-processors to the same extent Laerdal would be liable if providing the services of each of those Sub-processors directly under these Terms;

6.5           New / Replacement Sub-processors. Laerdal will provide you with written notice of the addition of any new Sub-processor or replacement of an existing Sub-processor at any time during the term License (“New Sub-processor Notice”), provided that you sign up to a mailing list made available by Laerdal through which such notices will be delivered by e-mail.  If you have a reasonable basis to object to Laerdal’s use of a new or replacement Sub-processor, you will notify Laerdal promptly in writing and in any event within 30 days after receipt of a New Sub-processor Notice.  In the event of such reasonable objection, either you or Laerdal may terminate the these Terms if the SimCapture Subscription Service and/or the SimCapture App cannot be reasonably provided without the objected-to new Sub-processor with immediate effect by providing written notice to the other party.

 

6.6           Security Incident.  If Laerdal becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Personal Data (“Security Incident”), Laerdal will promptly, and in any event, as soon as reasonably practicable, notify you without undue delay.  Laerdal will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any information reasonably requested by you in relation to any such incident.

6.7           Audit. Laerdal permits you on no less than sixty (60) days notice (unless a shorter notice period is required by a data protection authority) at your cost to inspect and audit facilities used by Laerdal in processing Customer Personal Data and all records maintained by Laerdal which relate directly to such processing.

6.8           Your privacy obligations. You shall ensure and represent that you are entitled to transfer the Customer Personal Data to Laerdal so that Laerdal may on your behalf lawfully process and transfer the Personal Data in accordance with these Terms.  You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.

7.        Termination

These Terms and any license hereunder may be terminated and/or suspended by Laerdal, without refund, if you fail to pay any amount due to Laerdal or if you fail to comply with any of these Terms.

Your license under these will terminate automatically if you fail to comply with any of these Terms. These Terms also will terminate automatically and you and your Organization’s license to use the SimCapture App and/or the SimCapture Subscription Service will be terminated without notice if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or other receiver appointed, or if you suffer or file any similar action in consequence of debt.

In the event these Terms are terminated, Sections 1, 6 and 9-10 and any payment obligations incurred by you prior to the effective date of termination shall survive.

8.        LIMITATION OF LIABILITY

8.1           Except as expressly provided under these Terms, the Organisation assumes sole responsibility for the Customer Data and for conclusions drawn from such use. Laerdal has no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Laerdal by the Organisation or its Users in connection with the SimCapture App and/or the SimCapture Subscription Service or any actions taken by Laerdal at the Organisation’s direction.

8.2           Except as expressly provided under these Terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by law are to the fullest extent permitted by applicable law, excluded from these Terms.

8.3           To the maximum extent permitted by law, Laerdal shall not be liable under these Terms for any loss of profits, business interruption, loss of goodwill, loss of Customer Data (except in relation to the sole and exclusive remedy set out in Clause 3.5), or for any indirect, special, incidental, consequential, exemplary, or punitive damages,  under any theory of liability. 

8.4           Laerdal and its licensors’ total aggregate liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance of these Terms shall be limited to the amount of the  fees actually paid by the Organisation during the twelve (12) months immediately preceding the date on which the event giving rise to such liability occurred.

 

9.        General

9.1           No waiver. Failure by Laerdal to enforce any particular term of these Terms shall not be construed as a waiver of any of Laerdal’s rights under it. If any part of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, you and Laerdal agree that the validity of the remainder of the terms will not be affected. No variation, amendment of, or addition to these Terms made by you shall be effective without Laerdal’s prior written consent.

9.2           Assignment and subcontracting. Laerdal may assign or transfer its rights and obligations under these Terms to another entity upon written notice to the Organisation. The Organisation may only assign or transfer its rights under these Terms to another entity with Laerdal’s prior written consent. Without limiting the generality of the foregoing, Laerdal may fulfil any of its obligations under these Terms by sub-contracting its obligations to any independent third party or Laerdal affiliate provided Laerdal remains responsible for the performance of the Subcontractor’s obligations.

9.3           Force majeure. Except for the obligation to make payments, neither party under these Terms will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, pandemic, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.  If Laerdal is unable to provide the SimCapture App or the SimCapture Subscription Service for a period of thirty (30) consecutive days as a result of a continuing force majeure event, Customer may terminate these Terms.

9.4           Jurisdiction. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of Norway without giving effect to the principles of conflict of laws.  You agree that you will not contest venue, and you waive any rights that you may have to initiate, transfer, or change the venue of any litigation arising from or related to these Terms.

9.5           Notices

 

9.6           Entire Agreement. These Terms constitute the entire agreement between Laerdal and the Organisation and the Organisation acknowledges that it has not relied on any statement, promise or representation or assurance or warranty not contained in these Terms.

10.     Definitions

“Acceptable Use Policy for Users” means the terms of use applicable to an individual User available below.

 

“Customer Data” means any Customer data, information or material inputted by you or your Users into the SimCapture App for the purpose of accessing and using the SimCapture Subscription Service or facilitating the Organisation’s use of the SimCapture Subscription Service.

 

“Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Processing” and “appropriate technical and organisational measures” is as defined in the Data Protection Legislation.

 

“Data Protection Legislation” means all applicable laws relating to the protection of personal data and/or the privacy of natural persons, including (without limitation) the General Data Protection Regulation EU 679/2016 (“GDPR”) and national legislation which supplements the GDPR.

               

“Laerdal” means Laerdal Medical AS of Tanke Svilands gate 30, Stavanger Norway 4002.

 

“Organisation” or “you” means the organisation or institution accepting these Terms, acting by its authorised representative.

 

“SimCapture App” means the SimCapture mobile application software and content for use in conjunction with the SimCapture Subscription Service for the Organisation’s simulation training.

 

“SimCapture Subscription Service” means the online subscription service to which the SimCapture App connects and sends Customer Data for access and use by the Organisation in respect of its simulation training activities.

 

 “Subcontractor” means any entity to whom Laerdal subcontracts any of its obligations under these Terms.

 

“User” means an individual who is authorised by the Organisation to download the SimCapture App onto a mobile devide and view, use and display the SimCapture App and/or access the SimCapture Subscription Service and to whom the Organisation (or Laerdal at the Organisation’s request) has supplied a user identification and password. Users’ may include employees, students, agents, independent contractors, and other individuals of the Organisation.

 

“Website” means the web site(s) through which the SimCapture Subscription Service is made available to you or any other website notified to you by Laerdal from time to time.

ACCEPTABLE USE POLICY FOR USERS

Last updated 21 April 2020

 

Laerdal Medical AS (Laerdal) provides the SimCapture App which can be accessed through a computer or mobile devices.

This Acceptable Use Policy for Users has legal effect between you and Laerdal providing access to the SimCapture App, no matter how you access the SimCapture App. Please read them carefully before using any of the SimCapture App. By using the SimCapture App, you agree to comply with and be bound by this Acceptable Use Policy for Users and agree that you have read and understood them and the documents they refer to. If you do not agree with these User Terms, you must not access or use the SimCapture App.

This Acceptable Use Policy for Users applies to you if you are a customer or if you are User accessing the SimCapture App provisioned through your employer or organisation.

Access Terms

1.             Your access: LAERDAL provides the SimCapture App under licence to customers of LAERDAL (each, a Customer). In providing you with an account or access link, a Customer or LAERDAL may invite you to access the SimCapture App or the SimCapture Subscription Service. LAERDAL may permit its Customer to grant you access provided that its Customer complies with certain restrictions and provided that its Customer remains responsible for your use and actions relating to the SimCapture App. Other terms may apply to the SimCapture App in addition to this Acceptable Use Policy, in particular, terms agreed between LAERDAL and your organisation as Customer.

2. Use by you: you may, if authorised by your employer or organisation for business or training, subject to the restrictions below download the SimCapture App onto a mobile device and view, use and display the SimCapture App on such devices.

3. Restrictions on use: you must use the SimCapture App solely for educational or training purposes as authorised by your employer or organisation in conjunction with the SimCapture Subscription Service. You must not (a)  republish, frame, reproduce, license, transfer, sell, assign, based on, or otherwise reproduce the SimCapture App, in whole or in part; (b) modify, reverse engineer, disassemble, de-compile or create derivative works of the whole or any part of the SimCapture App;  (c) obscure, remove or alter any of the trademarks, trade names, patent or copyright notices or legends on SimCapture App; (d) attempt to gain unauthorized access to other SimCapture Subscription Service licences, computer systems or networks connected to any SimCapture Subscription Service platform or server through hacking, password mining or any other means; (e) email or otherwise make available materials from the SimCapture App to anyone else other than the authorised SimCapture Subscription Service used by your organisation; (f) use personal data included within, or accessed via, the SimCapture App in a way as to knowingly or negligently cause us to breach our obligations under applicable data protection laws; (g) use the SimCapture App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms; (h) infringe our intellectual property rights or those of any third party in relation to your use of the SimCapture App; (i) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SimCapture App or the SimCapture Subscription Service and (j) use the SimCapture App to record or transmit any patient health or medical data from a clinical setting or use the SimCapture App or the SimCapture Subscription Service to diagnose, treat, cure, mitigate, or prevent a disease or condition of a patient, or in any other clinical context.

You agree that the SimCapture App and the SimCapture Subscription Service may include security technology that limits your use of the SimCapture App and that, whether or not the SimCapture App is limited by security technology, any other use of the SimCapture App in violation of these Terms may constitute a copyright infringement.

4. Disclaimer: the SimCapture App is provided by LAERDAL to the Customer. LAERDAL makes no representations or warranties to you of any kind, express or implied, as to the operation of the SimCapture App or the information, content or materials included on the SimCapture Subscription Service. Your use of the SimCapture App is governed by your relationship with the Customer and this Acceptable Use Policy.

5. Confidentiality and intellectual property rights: some content and materials accessible via the SimCapture Subscription Service may be confidential to your organisation and may also be protected by intellectual property rights around the world.

6. Your breach: in its sole discretion, LAERDAL may remove content or postings and/or suspend your user account and access to the SimCapture App if it believes you are using or have used the SimCapture App in breach of this Acceptable Use Policy for Users.

7. Privacy: The SimCapture App and the SimCapture Subscription Service is intended for use by Laerdal’s customer organisation and is administered to you by your organisation. Any personal information processed by Laerdal your use of the SimCapture App or the SimCapture Subscription Service is done so based on the instructions from your organisation as our Customer. Your use of the SimCapture App or the SimCapture Subscription Service is subject to your organisation’s policies. Your organisation will access and process any personal information submitted to the SimCapture Subscription Service through the SimCapture App. Please direct your privacy enquiries to your organisations. Your organisation is the data controller of any such personal information and Laerdal is the data processor. Laerdal is not responsible for the privacy or security practices of its customers.

11. Changes to these Acceptable Use Policy for User: LAERDAL may post changes to this Acceptable Use Policy for User via the SimCapture App or the SimCapture Subscription Service, and such changes shall be effective from the next time you use the SimCapture App or the SimCapture Subscription Service.

12. Governing law: these terms are governed by Norwegian law.

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