General terms and conditions for the use of the MAGNETOM Community

1. Scope, prerequisites

This website for the MAGNETOM Community (https://www.magnetom.net )provided by Siemens Healthineers AG (hereinafter referred to as “MAGNETOM Community”) may be used solely in accordance with these general terms and conditions of use. By logging in and then confirming acceptance of these general terms and conditions of use (“Terms of Use”), users accept that their use of the website shall be subject to these Terms of Use in the version as displayed. If users do not agree to these Terms of Use, they shall not be authorized to use MAGNETOM Community.

1.1 Users for the IDEA related categories

Prerequisites to become a IDEA user are (i) a valid collaboration agreement with Siemens Healthineers AG or its affiliates, (ii) attendance at an IDEA-training, unless otherwise agreed with Siemens Healthineers AG and (iii) acceptance of these Terms of Use.

1.2 Users for the MLCP related categories

Prerequisites to become a MLCP user are (i) a valid Local Coil Interface Agreement with Siemens Healthineers AG or its affiliates and (ii) acceptance of these Terms of Use.

1.3 Users for the free.platform related categories

Prerequisites to become a Free. Platform user are (i) to be a Customer (or potential Customer) of MAGNETOM Free. Platform products and (ii) the acceptance of these Terms of Use.

2. Operator

MAGNETOM Community is operated by:

Siemens Healthineers AG
Business Line MR
Röthelheimpark 2
91052 Erlangen
Germany
E-mail: MAGNETOM.community@siemens-healthineers.com
Web: https://www.magnetom.net

2. Services

3.1
Siemens Healthineers makes the MAGNETOM Community website available in order to help MAGNETOM users share information and experience and in order to enable the users to register for MAGNETOM Community User Group Meetings organized by third party research centers (“Purpose”). Siemens Healthineers supports users, as required, by offering proposed solutions and suggestions on a non-binding basis, and by providing documents and software updates (hereinafter “information”). Siemens Healthineers does not perform individual advisory services, but offers suggestions for solutions to general problems based on its own experiences. Siemens Healthineers shall not be liable for the suitability or accuracy of proposed solutions because the suggestions are based on the information described by the user. All users shall themselves be responsible for the entire content of their posts.

3.2
Siemens Healthineers makes sections (categories) on the MAGNETOM Community website available which allows user to post their experiences and solutions within this section. Siemens Healthineers will not check the accuracy or correctness of posts within this section. Siemens Healthineers shall not be liable for the content posted by the users and/or Siemens Healthineers.

3.3
Siemens Healthineers will extend the MAGNETOM Community website at any time in the future with further sections (categories). These specific sections will then only be accessible for users confirmed as qualified users by Siemens Healthineers beforehand. Any and all regulations and provisions within these Terms of Use shall apply accordingly also for such sections.

3.4
Siemens Healthineers shall be entitled to cease operation of the MAGNETOM Community website at any time, either partially or as a whole. Siemens Healthineers shall also be entitled to involve a third party in providing the services. Siemens Healthineers makes no warranty regarding the uninterrupted availability of the MAGNETOM Community website owing to the nature of the internet and computer systems.

4. Registration, password

4.1
The MAGNETOM Community is password protected. In the interests of business security, access to these web pages shall only be available to registered users. There shall be no fundamental right to registration by Siemens Healthineers unless such a right has been granted under a separate contractual agreement. Siemens Healthineers shall be entitled to withdraw access authorization at any time by blocking access data without being required to specify the reasons for such withdrawal, in particular if

  • the user has provided false details for the purposes of registration,
  • the user has breached these Terms of Use or has failed to comply with his/her duty of care when handling access data, or
  • the user has not used the MAGNETOM Community for an extended period of time.

unless otherwise specified in another contractual provision.

4.2
The user shall provide truthful details for the purposes of registration and shall notify Siemens Healthineers without delay (online, if provision for such notification is made online) if there are any subsequent changes to these details. The user must ensure that he/she receives the e-mails sent to the e-mail address that he/she has specified. Users represent that they are authorized by their institutional/governmental employer to use the MAGNETOM Community for its intended Purpose.

4.3
On completion of registration, the user shall receive a username and password (hereinafter also referred to as “user data”). When the user accesses the website for the first time, the agreement governing the use of the forums, which is free of charge, comes into effect. On first-time access, the user shall also change the password supplied by Siemens Healthineers to a password known only to the user. The user data allows users to view or change their data, or to withdraw or extend any consents they may have granted.

4.4
The user shall insure that user data does not become accessible to third parties and shall be liable for all activities conducted on the website using the user data. Users must leave the password-protected area after each use. Users may not share their password to permit non-registered individuals to gain access to the MAGNETOM Community website. If users become aware that third parties are misusing the user data, such users must notify Siemens Healthineers without delay in writing a message to an Admin of the MAGNETOM Community or, if appropriate in advance by simple e-mail to magnetom.community@siemens-healthineers.com.

4.5
On receipt of notification as specified under 4.4, Siemens Healthineers will block this user data’s access to the password-protected area. Such an access block can only be lifted when the user has made a separate application to Siemens Healthineers or has re-registered for the website.

4.6
Users may at any time submit a written request for deregistration. In such cases, Siemens Healthineers will delete all user data and any other stored personal data relating to the user.

5. Rights to use information

5.1
The use of the information made available on the MAGNETOM Community website shall be subject to these Terms of Use or, in the case of information updates, subject to any relevant licensing terms already agreed with Siemens Healthineers at an earlier point. Any separately agreed licensing terms shall take precedence over these Terms of Use.

5.2
Siemens Healthineers grants the user a non-exclusive and non-transferable right to use the information made available on the MAGNETOM Community website to the extent that this has been agreed or, if no such agreement has been made, to the extent that this reflects the purpose intended by Siemens Healthineers in making such information available and allowing its use.

5.3
Users may not distribute or in any other way transfer information to third parties at any time.

5.4
If users wish to share fragments of sequence or ice program codes via the MAGNETOM Community website the users shall only be allowed to do so if they do not infringe any of its contractual obligations towards Siemens Healthineers (i.e. collaboration agreements or C2P agreements). However, even though the contractual obligations will not be infringed by sharing fragments of code the users shall only be allowed to share fragments of codes in order not to enable other users to conclude on the whole sequence or ice program code. Any and all regulations and provisions of the Terms of Use shall apply accordingly to the posting of fragments of code.

5.5
The information is protected by copyright legislation, international copyright agreements, and by other laws and agreements governing intellectual property. Users shall observe these rights and, in particular, shall not remove alphanumeric identifiers, marks or copyright notices from the information.

6. Property rights

6.1
Notwithstanding the particular provisions in 5 of these Terms of Use, information, brand names and other Siemens Healthineers content from the MAGNETOM Community website may not be amended, copied, reproduced, sold, rented, used, enhanced, or exploited in any other way without the prior written consent of Siemens Healthineers.

6.2
Other than the usage rights or other rights expressly granted herein, no other rights whatsoever, in particular rights to the company name or to industrial rights, such as patents, utility models or brand names, are granted, nor does Siemens Healthineers enter into any corresponding obligation to grant such rights of this nature.

6.3
Furthermore, users shall not be entitled to register industrial rights based on information received where such information includes rights that are capable of being protected.

7. Granting rights of use

By virtue of posting contributions in the MAGNETOM Community, users shall grant Siemens Healthineers a global, transferable, non-exclusive right to use the posts, free of charge, to the extent necessary for the purpose of the website. In particular, Siemens Healthineers shall be entitled to reproduce, amend, delete from the website, translate, make accessible, distribute or sublicense the posts, either as a whole or in part, using any medium whatsoever. This shall also include personal data, such as usernames and expressions of opinion. By publishing a post, a user affirms that he/she is authorized to transfer the rights.

8. Obligations of the user

8.1
When using the MAGNETOM Community website, users shall ensure that the use of the website and any content posted will NOT
(i) aim for or comprise any illegal, unethical, or fraudulent purposes, content or activity
(ii) be in breach of these Terms of Use or any applicable laws, regulations or third-party rights, including those related to data privacy, international communications, and the transmission of technical or personal information
(iii) adversely affect the safety, operations and confidentiality of the website.

In particular (but not limited to), users must NOT:

  • cause harm to individuals or violate their personal rights;
  • offend common decency with their conduct in the use of the site;
  • violate industrial rights, copyright, or other property rights;
  • transmit content with viruses, trojans or other programming code that could damage software;
  • enter, save or send hyperlinks or content that the user is not authorized to use, especially if these hyperlinks or content violate confidentiality obligations or are illegal;
  • distribute advertising, unsolicited e-mails (known as “spam”) or inappropriate warnings against viruses, malfunctions or similar, or invite participation in lotteries, multi-level marketing schemes, pyramid schemes, chain letters or similar campaigns;
  • conduct “off-label” discussions. “Off-label” includes, text, pictures, videos, feeds from third party sites or any other manner of communication that states or implies unapproved indications, applications or intended uses of specific products or product types for which promotion of such uses would be a violation of applicable law, e.g. the Federal Food, Drug, and Cosmetic Act, implementing regulations and policies; or
  • use the MAGNETOM Community as forum for any product claims.
  • You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.
  • You may not falsely imply that you’re affiliated with or endorsed by the company.
  • You may not hyperlink to images or other non-hypertext content on the forum on other webpages.
  • You may not remove any marks showing proprietary ownership from materials you download from the forum.
  • You may not show any part of the forum on other websites with iframe.
  • You may not disable, avoid, or circumvent any security or access restrictions of the forum.
  • You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.
  • You may not impersonate others through the forum.
  • You may not encourage or help anyone in violation of these terms.

8.2
Siemens Healthineers is entitled to immediately suspend if – in Siemens Healthineers’ reasonable assessment:

  • user content posted, submitted or otherwise disclosed on the users account does not comply with the requirements of these Terms of Use
  • required by applicable laws, a court decision, or a request from a governmental body
  • user fails to provide adequate proof to verify their Registration Data or fails to provide or change Access Credentials, as requested by Siemens Healthineers
  • user otherwise is or may be in material breach of these Terms of Use.

If caused by user content, a suspension may include the blockage or deletion thereof. Siemens Healthineers may issue a warning and shall inform user about any suspension without undue delay.

When deciding on a suspension based on a misuse by the user, Siemens Healthineers will take into account all relevant circumstances leading to such misuse, including breach of applicable laws, frequency and severity of the relevant misuse and whether the misuse happened intentionally.

“Suspension” / “to suspend” means the entire or partial suspension of: (i) the User Account, (ii) any access to or use of the Digital Services by the user, and/or (iii) the granting of rights under the Agreement.

8.3
The user shall warrant that all the information he/she provides is accurate. With the publication of posts, the user agrees to hold Siemens Healthineers harmless from all claims by third parties and associated costs (including the costs of legal action) arising because of a violation of these Terms of Use. Users may not share their password to permit non-registered individuals to gain access to the MAGNETOM Community website.

9. Posts

9.1
Users report on their experiences with IDEA, Protocols, installations or other configurations and comment on the experiences of other users.

9.2
The MAGNETOM Community is intended to facilitate the exchange of professional opinion and information. To ensure that this is realized, Siemens Healthineers reserves the right to delete posts that are not consistent with this aim or that do not have any identifiable connection with the matter under discussion.

9.3
Siemens Healthineers is not able to provide comprehensive monitoring of the MAGNETOM Community outside of Siemens Healthineers’ mandatory legal obligations.

9.4
All users are themselves responsible for the contributions that they post. Posts carrying the name(s) of the author(s) are expressing the opinion of the author(s) concerned and not those of Siemens Healthineers. Users must observe the following rules when preparing posts:

  • All users must treat others as they expect to be treated themselves.
  • Users must always bear in mind that they are dealing with other human beings and not with virtual personalities. Users must ensure that they keep to the facts and refrain from personal attacks.
  • Posts that include insults directed at the authors or other commentators, sexual innuendo, sexist or racist opinions are prohibited.
  • Every user has the right to his/her own opinion. Users must therefore refrain from imposing their own views on others.
  • The participation of users and Siemens Healthineers in discussions shall be subject to the principle that such participation is voluntary. There shall therefore be no obligation to participate in the discussion or to respond to questions.

9.5
If a user discovers MAGNETOM Community content that he/she considers to violate the rights of third parties, the user must inform Siemens Healthineers of the situation in detail without delay.

9.6
Siemens Healthineers shall be entitled to take all necessary action to ensure that users comply with these Terms of Use. For this reason, Siemens Healthineers shall be authorized to amend or delete content at its own discretion.

Siemens Healthineers may investigate and prosecute violations of these terms to the fullest legal extent. Siemens Healthineers may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.

If a user believes someone has submitted content to the forum in violation of these terms or otherwise considers content to be illegal, the user should contact Siemens Healthineers immediately – Email: to magnetom.community@siemens-healthineers.com
OR, if the user wishes to submit a notice according to the DSA (Digital Services Act), to Notices_DSA@siemens-healthineers.com.

9.7

Upon receipt of notice about any misuse, Siemens Healthineers will review user content manually by human individuals and will remove user content that does not comply with Section 8.1. No automated systems will be used for the review.
Complaints against decisions by Siemens Healthineers to remove user content may be filed free of charge by electronic means under Complaints_DSA@siemens-healthineers.com within 6 months following the decision of Siemens Healthineers. Siemens Healthineers will review and decide about any such complaint.

9.8
In particular (but not limited to), content shall be deleted as a result of the following:

  • Misuse of the website as advertising space for other web pages or services
  • Use of the website to offer goods or services
  • Racism or propaganda
  • Incitement to violence against individuals, institutions, or businesses
  • Violation of any other contractual obligation.

10. Hyperlinks

The MAGNETOM Community website may include hyperlinks to third-party websites. Siemens Healthineers shall not accept any responsibility for the content of these websites, nor shall Siemens Healthineers adopt these websites and their content as its own because Siemens Healthineers cannot exercise any control over the linked information or take responsibility for the information and content held on these sites. If users make use of these other websites, they shall do so at their own risk. It would be unreasonable to expect Siemens Healthineers to monitor these external links on a continuous basis without any specific indication of legal violations. However, if legal violations come to the attention of Siemens Healthineers, the relevant external links shall be deleted without delay.

11. Liability of Siemens Healthineers

11.1
Any liability on the part of Siemens Healthineers shall be excluded unless liability is mandatory due to applicable law, for example, deliberate action, gross negligence, death or personal injury, assumption of a warranty for quality, fraudulent failure to disclose information about a defect, or breach of material contractual obligations. However, claims for damages arising from breach of material contractual obligations shall be restricted to the foreseeable losses typical of the agreement concerned unless such breach results from deliberate action or gross negligence.

  • In particular if information is made available for use free of charge, any liability for defects of title or defects of quality in the information shall be excluded; this shall apply, in particular, to the accuracy of the information, the extent to which the information is error-free, the extent to which the information is unencumbered by third-party industrial rights or copyright, and the completeness and/or usability of the information.
  • In particular, Siemens Healthineers shall not be liable for lost profits, default or delay, seizure, modification, manipulation and/or misdirection of e-mails and/or data transfer during data input, data capture, data transfer and/or data saving caused by third-party data networks or telephone cabling, in particular via the internet or World Wide Web or via user or third-party hardware and/or software; this shall apply in particular to damaged, lost, disconnected or deleted data.
  • Claims for other direct or indirect losses, including but not limited to claims for business stoppage, lost profit, loss of information or data as well as consequential, unforeseen, special or incidental losses shall be excluded regardless of their legal grounds.

11.2
The information may highlight solution approaches. The solution approaches shall be provided based on the information supplied by the user on a case-by-case basis. Siemens Healthineers cannot vouch for the accuracy of the solution approaches because, in each case, problem solutions involve complex processes that cannot be comprehensively validated owing to the limited opportunities to gain an insight into the system involved in each individual case. The solution approaches therefore represent non-binding suggestions that users must themselves test for appropriateness and risk prior to deploying the solutions on their systems. Users shall inform Siemens Healthineers if the testing reveals any areas of uncertainty or if users identify any risks. If the user nevertheless decides to implement the solution, Siemens Healthineers shall not be liable for any resulting losses unless otherwise determined by law.

11.3
The content entered by users shall comprise their own posts and opinions. Users shall therefore be themselves responsible for the content that they add to the website. To this end, each post shall be identified with the username of the user. Siemens Healthineers shall not provide a warranty of any kind regarding the third-party content, especially any warranty that the content is accurate, complete, and up to date. Furthermore, Siemens Healthineers shall not adopt this third-party content as its own. Should third-party posts be in breach of applicable law or these general Terms of Use, Siemens Healthineers expressly distances itself from the content concerned. The same shall also apply to any external links or bookmarks added by users in the forum. If Siemens Healthineers becomes aware of illegal content, external links or posts, it will delete or modify such content, external links or posts within the scope of these terms.

11.4
Any posts made available on the MAGNETOM Community shall be provided expressly for information and discussion purposes only and not for commercial use. In particular, the posts shall not represent any instruction or recommendation as to a medical treatment. Any doctor shall use IDEA and results based on the usage of IDEA at his/her own risk and on his/her own responsibility.

11.5
The above provisions shall not effect a change in the burden of proof to the detriment of the user.

12. Viruses

Although Siemens Healthineers makes best efforts on an ongoing basis to ensure that the MAGNETOM Community is free of viruses, Siemens Healthineers cannot guarantee that there will be no virus infection. For their own protection and to prevent viruses on the MAGNETOM Community, users shall implement appropriate security measures and use virus scanners prior to downloading information.

13. Export control

13.1
The transmission of certain information may be subject to export control restrictions, for example because of the nature of the information, its intended use, or its destination. Users shall strictly observe the export regulations relevant to information, software, and documentation, and the regulations applicable to individual cases, in particular the regulations issued by the EU, EU Member States, and the USA. Siemens Healthineers shall identify the information it provides about export licensing obligations in accordance with German, EU and US export lists.

13.2
In particular, users shall verify and ensure that
• the information, software and documentation that has been transferred to them will not be used in connection with armaments, weapons, or nuclear technology or for other military purposes;
• information, software and documentation of US origin that has been transferred to them is not made accessible to any business or person specified in the US Denied Persons List (DPL);
• information, software and documentation of US origin that has been transferred to them is not made accessible without authorization to any business or person specified in the US Warning List, US Entity List, or US Specially Designated Nationals List.

13.3
Siemens Healthineers shall provide the user with relevant contact details for further information, on request.

14. Data protection

In collecting, using, and processing personal data relating to the users of the MAGNETOM Community, Siemens Healthineers observes the applicable data protection laws and its data protection declaration, which can be always accessed on the MAGNETOM Community.

The legal basis for the processing of your personal data is your consent. By providing their e-mail addresses, users agree to receive e-mails from Siemens Healthineers.

The Privacy Notice can be found under Privacy Policy.

15. Term of the agreement, termination

This agreement shall apply for the term of the relevant collaboration agreement or, if so agreed, for an unspecified period and may be terminated by either party at any time without notice and without specifying any reason.

16. Supplemental agreements, place of jurisdiction, applicable law

16.1
Supplemental agreements must be made in writing.

16.2
If the user is a business person or business as defined by the German Commercial Code, the place of jurisdiction shall be Munich.

16.3
Companies domiciled in Germany shall operate and be responsible for the MAGNETOM Community. If users from outside Germany access the MAGNETOM Community , they themselves, and they themselves alone, shall be responsible for compliance with the relevant regulations under the law of the country concerned. Access to information on the MAGNETOM Community from countries in which this access is illegal is not permitted. These Terms of Use shall be governed and construed in accordance with German law, and the UN Convention on Contracts for the International Sale of Goods shall not apply.

17. German Act on Advertising in the Healthcare System (HWG)

17.1
The information accessible in the MAGNETOM Community is intended for medical professionals and is subject to the German Act on Advertising in the Healthcare System (HWG).

17.2
Medical professionals within the meaning of this act include members of the healthcare professions or healthcare industry, establishments supporting human and veterinary healthcare, and other persons with authorization to carry on a trade involving pharmaceuticals, procedures, treatments, objects or other means.

18. Severability clause

18.1
If individual provisions in these Terms of Use become invalid or unenforceable, either as a whole or in part, this shall not affect the validity of the remaining provisions.

18.2
This shall also apply if there are gaps in the provisions within the Terms of Use. To the extent permitted by the law, the invalid or unenforceable provision shall be replaced, or the gaps in the provisions closed, by a provision that most closely reflects the original intentions of the parties.

19. Changes

19.1
Siemens Healthineers shall be entitled to amend, revoke, or rescind these Terms of Use. Siemens Healthineers shall publish details of changes to these Terms of Use under 19.2 of the terms and conditions below. Changes shall be sent to the user by e-mail using the e-mail address specified at the time of registration and shall be notified when the changes come into force. For this purpose, a hyperlink to a webpage containing the new version with highlighted changes shall suffice rather than an attachment containing the entire text. When any changes are made to the specific Terms of Use, Siemens Healthineers will remind users of their right to object and the consequences if no objection is made. If changes are made to the detriment of users, users may terminate the contractual relationship without notice on receipt of the notification of change.

19.2
These Terms of Use were published on 29.02.2024.