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Terms of Use

1. Scope

The following Terms of Use apply for the use of the Concomp® database of the B. Braun Melsungen AG:

ComComp® is an interactive online service provided by B. Braun Melsungen AG. When registering with ComComp®, you enter into a licence agreement with B. Braun Melsungen AG and accept the following conditions for the use of ComComp®. With your registration as a member of ComComp® you indicate your acceptance of these Terms of Use. Differing or divergent terms of use coming from the user which are not in agreement with these general Terms of Use are not applicable.

The authorized representative and contact addresses of B. Braun Melsungen AG may be found under the Legal Disclosure Notice of the portal http://www.concomp-partner.com.

2. Content and Purpose of the Database

In this database B. Braun Melsungen AG provides information about the compatibility and stability of injectable drugs and their active ingredients in infusion solutions, as carriers or diluents and in containers made from different types of material.

The presented information was sourced either from scientific publications dealing with this subject matter or from investigations of i.v. mixtures usually done on request in the laboratories of B.Braun Melsungen AG.

Access to the database and application of its contents are limited to authorized persons in health care systems according to §1 Abs.10 HMW Germany and is designed to assist such persons in their professions and responsibilities.

Access to and use of the database are free of charge within the outlined Terms of Use.

3. Conclusion of Contract and Services Provided

3.1. Identification, registration and authorization

The authentication for use of the database occurs on the basis of a user name and associated password (login data) which you provide yourself when registering. The contractual use agreement is concluded when the corresponding confirmation of registration is sent to the user. The confirmation of registration contains your login data as well as these Terms of Use.

The user affirms that the personal data submitted in the registration, in particular the first and last names, postal address, e-mail address and the authorization for use are true and correct. The user is obligated to provide notice regarding any change in this information without delay.

The user has no claim to register at this portal. B. Braun Melsungen AG can refuse acceptance of the offer represented by the submission of the registration form without providing any specific reason for this refusal.

3.2. Use of the login data

The user receives access to the contents and various offerings of ConComp® by entering his login data into the login form.

After successful identification and registration, the user has access free of charge to various contents in the restricted area of ConComp®. More detailed information regarding the free-of-charge areas is provided in the portal and the explanations provided there.

The login data are intended exclusively for the personal use of the concerned user and should be handled confidentially. The user must not give his data and particularly his password to third parties, including family members or work colleagues. The user is obligated always to keep his login data and particularly his password secret and to prevent unauthorized use of ConComp® by third parties. If the user becomes aware of the misuse of his login data or has a suspicion that this may have occurred, then he must inform B. Braun Melsungen AG of this without delay. In the event of actual or possible misuse of login data, B. Braun is free to immediately block access to ConComp®. The user shall be liable for any consequences resulting from third-party use insofar as he was accountable for the misuse of his login data. The user is accountable for misuse of login data also in instances where the unauthorized use of the data occurred as a result of his negligence. The liability for misuse ends first when the user has informed B. Braun Melsungen AG in writing about the unauthorized use (see Legal Disclosure Notice for contact address) and, if necessary, has changed the login password.

3.3. Termination and withdrawal of login authorization

B. Braun Melsungen AG reserves the right to temporarily block a user’s access and/or to permanently terminate a user’s access with immediate effect or with an appropriate period of notice in cases of a violation of these Terms of Use, in particular in the event of the provision of false information during the registration, unauthorized transmission of login data (in particular the password) and/or misue of ComComp®. In such cases, the affected user may not reregister at the portal without the prior explicit agreement of B. Braun Melsungen AG.

For his part, the user can cancel his registration in writing at any time and terminate the use agreement for ConComp® and the assigned login data through a simple statement in text form or through the deletion of his profile in the portal.

3.4. Entitlement to access

B.Braun Melsungen AG provides no guarantee regarding the accessibility of the platform, the saving of content and the functionality and compatibility of systems. We reserve the right at any time to change or to terminate Concomp® partially or completely, temporarily or permanently.

3.5. Authentication and data transmission to partner portals

The user has the possibility to use his login data for authentication at partner portals. The possibility of authentication is made available by the respective operators of the partner portals and is a voluntary service. Transmission of the user’s login data to the respective partners only occurs with the permission of the user. In this process the user personally selects which data will be transmitted. When registering at one of the partner portals, the terms of use of the respective portal operator apply.

3.6. Use, rights of use with contents

The user may use the content of ConComp® exclusively in connection with his own medical activity, for his own education and for the exchange of opinions and experience with other registered ConComp® users. Commercial activities, the systematic collection and summary of contents, as well as the transmission of such contents or summaries to third parties are not permitted. Any other utilization or publication of contents from ConComp® resulting in remuneration from third parties is prohibited without prior written permission from B. Braun Melsungen AG.

The user must ensure that the user name he has selected is not in violation of the rights or public morals of third parties (rights of trademark, name, copyright, data security, personal rights, etc). If the user violates legal prohibitions or the rights or public morals of third parties, then he is accountable for such violation and is liable for making good any damages resulting from this. The user undertakes to indemnify B. Braun Melsungen AG for any claims from third parties resulting from such violations including the legal costs resulting from any judicial proceedings.

4. External Companies

Insofar as goods or services from other companies are included in or through ConComp®, any agreements regarding the use or acquisition of such goods or services come into existence exclusively between the user and the respective third-party company.

5. Copyright, License and Trademark Rights

The design of this website as well as the texts, pictures, graphic presentations, layouts, sounds, animated sequences, videos and databases are protected under copyright or other under other laws to protect intellectual property.

The offerings of this website may not be construed or interpreted to indicate that tacitly, through estoppel or by other means any license or title to a copyright, patent, trademark or any other property right of B. Braun Melsungen AG or third parties has been transferred to other parties.

If not indicated otherwise, all brands used on this platform are under trademark protection. This applies in particular to company logos and other company or product designations.

6. Saving of Data

It is the user’s own responsibility to protect any relevant data and information against loss, damage or alteration on a regular basis in a manner and at a technical level that is appropriate to the significance of the concerned data.

7. Data Security and Storage

We store these Terms of Use and the personal data provided during your registration for the purpose of processing this agreement. The data is archived for the duration of the agreement. You can call up this data on the website while the agreement is in effect.

Further information regarding how your data is handled can be found here here.

8. Liability

Special provisions applying for free-of-charge services and expert advice and loss of data:

The provisions §§ 599, 600 of the German Civil Code apply to any damages occurring in connection with the use of ConComp® or the receipt of the newsletter as regards the free-of-charge contents and the free-of-charge newsletter.

With ConComp®, B. Braun Melsungen AG makes an information medium technically available. B. Braun Melsungen AG is not responsible for the exactitude, correctness or reliability of the contents. In particular, B. Braun Melsungen AG is not liable for losses or damages incurred by the user who relies on such information. The acceptance and application of information from ConComp® occurs at the user’s own risk.

If the user is subject to damages through the loss of data during the use of ConComp®, B. Braun Melsungen AG is not liable for this regardless of a possible participation in this loss, if the damages could have been avoided by means of appropriate, regular and complete saving of all relevant data by the user (see above).

Otherwise, B. Braun Melslungen AG is liable for damages to the user that have been cause intentionally or through gross negligence, damages that result from the absence of a guaranteed quality of the provided article, damages that result from culpable violation of significant contractual obligations (so-called cardinal obligations), damages that result from a culpable injury to health, body or life or that are covered under the provisions of the German Product Liability Act. Cardinal obligations are those contractual obligations whose fulfillment is essential to the proper execution of the contract and which the contractual partner can normally rely on being adhered to and the violation of which endanger the achievement of the contractual purpose for the other party.

In the event of a breach of a cardinal obligation when damages result simply from slight negligence and do not affect body, life or health, liability is limited to such damages which typically could be expected to occur in the context of providing services such as those that have been contracted for. Any other liability regardless of the legal basis is excluded for B. Braun Melsungen AG as well as for its agents and assistants.

9. Place of Jurisdiction, Governing Law

Exclusive place of jurisdiction for all disputes in connection with the use of ConComp® is Melsungen, Germany. The law of the Federal Republic of Germany shall exclusively apply.

10. Final Provisions

Only German law is applicable to this Agreement.

Should single clauses of these Terms of Use be wholly or partly ineffective or become so, this will not affect the effectiveness of the other clauses. In lieu of the omitted provision, another will come into effect that on a legally acceptable basis as nearly as possible has the same economic result. The same will apply in the event of a gap in the provisions of the Terms of Use.