EVIDENT Technology Center Europe GmbH
LEGAL DISCLAIMER AND TERMS OF SERVICE

By clicking the “I accept the Terms of Service” checkbox, you acknowledge and agree to be bound by the provisions of these Terms of Service. If you submit a question to EVIDENT Technology Center Europe GmbH through online support, you will be deemed to have acknowledged and agreed to be bound by the provisions of these Terms of Service. If you agree that EVIDENT Technology Center Europe GmbH can access your system remotely or approve of EVIDENT Technology Center Europe GmbH doing so, you will be deemed to have acknowledged and agreed to be bound by the provisions of these Terms of Service.

These Terms of Service shall apply only vis-à-vis commercial entities/businesspersons, governmental entities, or special governmental estates within the meaning of Section 310 para. 1 BGB (German Civil Code).

1. Online Support. EVIDENT Technology Center Europe GmbH will provide you, and allow you to access, remote online technical support from EVIDENT Technology Center Europe GmbH technical support personnel through chat sessions, and at your request and approval, by allowing EVIDENT Technology Center Europe GmbH to access your system remotely to analyze problems, and when appropriate, to fix the problems (collectively, the “Online Support”). Online Support comprises – inter alia – narrowing down the causes of the problem, problem diagnostics as well as service directed towards correcting the problem. EVIDENT Technology Center Europe GmbH undertakes no responsibility for rectification and correction of a problem. EVIDENT Technology Center Europe GmbH is entitled to engage subcontractors for the provision of Online Support. Online Support is available Monday to Friday from  9 am to 4pm CET, excluding weekends and public holidays. Online Support is excluded if you (i) have modified the Software (as defined below), (ii) use the Software not in accordance with the License Agreement and/or in the operating environment required for the use of the Software, (iii) failed to install patches, bug-fixes or updates provided by EVIDENT Technology Center Europe GmbH and the problem would have been cured by the installation of such patch, bug-fix or update, (iv) use a version of the Software that is no longer supported by EVIDENT Technology Center Europe GmbH or (v) fail to comply with reasonable advice or recommendations by EVIDENT Technology Center Europe GmbH regarding your use of the Software.

2. Availability of Services. Online Support is only available to a company or person, or their agents, that is a party to EVIDENT Technology Center Europe GmbH’ analySIS® / cellSens® / PRECiV/ cellSENS / VS200 / CIX100 / Stream® / LabSens® (including its modifications and enhancements ) License Agreements (“License Agreement”). Both these Terms of Service and the Online Support are subject to the provisions of your License Agreement.

3. Supported Software. Online Support is available for EVIDENT Technology Center Europe GmbH’ analySIS® / cellSens® / PRECiV/ cellSENS / VS200 / CIX100 / Stream® / LabSens®  Software including its modifications and enhancements (“Software").

4. Third Party Technology and Service Disclaimer. EVIDENT Technology Center Europe GmbH provides the Online Support by and through technology created, owned and controlled by TeamViewer GmbH (“Third Party”), which technology includes software, applets, servers and other devices owned and controlled by Third Party (“Third Party Technology”). The Third Party Technology enables the communication connection, initiates firewall connections, enables EVIDENT Technology Center Europe GmbH personnel to manipulate and control any screen elements or applications on your computer and provides encryption of the communication between you and EVIDENT Technology Center Europe GmbH. EVIDENT Technology Center Europe GmbH does not participate in the management of, or exercise any operational control over the Third Party or the Third Party Technology. EVIDENT Technology Center Europe GmbH disclaims any liability arising from the Third Party’s acts or omissions or arising from the Third Party Technology, and you hereby acknowledge that you use the Third Party Technology at your own risk. Before proceeding with the connection, should you have questions or concerns regarding the Third Party Technology, please contact a TeamViewer GmbH representative: https://www.teamviewer.com/en/company/index.aspx

5. Your Responsibilities. You acknowledge that the Internet is an insecure environment. As a result, electronic communications and other data may be accessed by unauthorized third parties when communicated between you and EVIDENT Technology Center Europe GmbH, and downloads may contain computer viruses, disabling codes, worms or other devices or defects. Prior to using Online Support, you are solely responsible for adequate protection and backup of your data, software and/or hardware. You understand and acknowledge that EVIDENT Technology Center Europe GmbH will not be responsible for any software, hardware or system damages, lost data, inaccurate output or work delays except for as set forth in Sec. 10 below. Also, it is your sole responsibility to take appropriate and adequate precautions to ensure the compatibility and security of your system before using the Third Party Technology and to ensure that any downloads are free of viruses or other contamination that may interfere with or damage your computer system, software or data. Please check with your system administrator before proceeding to ensure the compatibility and security of your system. Before reporting a problem to the Online Support, please ensure that you (i) have backed-up any data related to the Software in an appropriate manner; (ii) have installed the latest updates and patches as may be issued by EVIDENT Technology Center Europe GmbH from time to time; and (iii) have analyzed the system environment used for operating the Software in order to ensure that the problem is not caused by system components other than the Software.

6. EVIDENT Technology Center Europe GmbH’ Responsibilities. EVIDENT Technology Center Europe GmbH will use reasonable efforts to resolve your technical problems with the Software in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. 

7. Consent to Use of Data. In order for your EVIDENT Technology Center Europe GmbH technical support professional to effectively solve your Software problems, EVIDENT Technology Center Europe GmbH may collect and use technical information gathered during Online Support provided by you for the sole purpose of providing Online Support. Any data or information that EVIDENT Technology Center Europe GmbH collects in delivering Online Support strictly will be used for the purpose of resolving the problems that you are experiencing. You explicitly authorize Olympus Soft Imaging Solutions and/or its designated agent to access and utilize such information for this purpose. If EVIDENT Technology Center Europe GmbH may access personal data during the provision of remote support, you may be obliged to enter into a data processor agreement in writing with EVIDENT Technology Center Europe GmbH. Please contact support@olympus-sis.com for further information.

8. Confidentiality. The parties agree to keep all confidential information which becomes known to them during the performance of the Online Support strictly confidential and only to use such information for the contractually agreed purposes. Confidential information for the purpose of this provision shall mean information, documents, details and data, which is marked as such or is to be seen as confidential because of its nature, not including any information which is in the public domain. EVIDENT Technology Center Europe GmbH agrees to allow only such of its employees, who are entrusted with the provision of services in the course of the Online Support, access to your confidential information. Both parties agree at the request of the other party to require their employees to sign an appropriate confidentiality declaration and to present this to the other party. The parties shall not seek to register intellectual property rights in respect of confidential information of the other party. If confidential information within the above definition is requested by a public authority, then the other party shall be informed without delay and before the information is supplied to the public authority. The confidentiality obligations shall not be affected by the termination of their contractual relation. Both parties agree at the option of the other party to return or destroy the confidential information of the other party upon the termination of their contractual relation, to the extent that such information still exists.

9. WARRANTY. THE ONLINE SUPPORT AND ALL RELATED, SERVICES, ADVICE AND INFORMATION PROVIDED BY EVIDENT Technology Center Europe GmbH IN CONNECTION WITH THE ONLINE SUPPORTIS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND AS REGARDS THE SUCCESSFUL CORRECTION OF A TECHNICAL PROBLEM OR ERROR.. THE STATUTORY WARRANTY PROVISIONS PERTAINING TO SALES CONTRACTS AND CONTRACTS FOR WORK SHALL NOT APPLY TO THE ONLINE SUPPORT. ANY CLAIMS FOR DAMAGES IN RESPECT OF DEFICIENT SERVICES SHALL BE SUBJECT TO SECTION 10. NOTHING IN THESE TERMS AND CONDITIONS SHALL REPLACE, LIMIT OR MODIFY ANY WARRANTY CLAIM YOU MAY HAVE AS A LICENSOR OF THE SOFTWARE UNDER THE LICENSE AGREEMENT OR ANY STATUTES APPLYING TO YOU AS A LICENSEE OF THE SOFTWARE.

10. LIABILITY. EVIDENT Technology Center Europe GmbH SHALL BE LIABLE FOR DAMAGES RESULTING FROM INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF EVIDENT Technology Center Europe GmbH, ITS LEGAL REPRESENTATIVES OR ITS EXECUTIVE EMPLOYEES AND FOR DAMAGES RESULTING FROM INTENTIONAL MISCONDUCT BY OTHER ASSISTANTS IN PERFORMANCE; IN RESPECT OF GROSS NEGLIGENCE OF OTHER ASSISTANTS IN PERFORMANCE, EVIDENT Technology Center Europe GmbH' LIABILITY SHALL BE AS SET FORTH BY THE PROVISIONS FOR SIMPLE NEGLIGENCE BELOW..

EVIDENT Technology Center Europe GmbH SHALL BE LIABLE WITHOUT ANY LIMITATIONS FOR DEATH, PERSONAL INJURY OR DAMAGE TO HEALTH CAUSED BY THE INTENT OR NEGLIGENCE OF IT, ITS LEGAL REPRESENTATIVES OR ASSISTANTS IN PERFORMANCE. IT SHALL MOREOVER BE LIABLE WITHOUT ANY LIMITATIONS IN ACCORDANCE WITH APPLICABLE PRODUCT LIABILITY LAWS OR ANY OTHER STRICT LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.

EVIDENT Technology Center Europe GmbH SHALL BE LIABLE FOR LOSSES CAUSED BY THE BREACH OF ITS PRIMARY OBLIGATIONS BY IT, ITS LEGAL REPRESENTATIVES OR ASSISTANTS IN PERFORMANCE. PRIMARY OBLIGATIONS ARE SUCH BASIC DUTIES WHICH FORM THE ESSENCE OF THE AGREEMENT; WHICH WERE DECISIVE FOR THE CONCLUSION OF THE AGREEMENT AND ON THE PERFORMANCE OF WHICH THE CONTRACTUAL PARTNER MAY RELY. IF EVIDENT Technology Center Europe GmbH BREACHES ITS PRIMARY OBLIGATIONS THROUGH SIMPLE NEGLIGENCE, THEN ITS ENSUING LIABILITY SHALL BE LIMITED TO THE AMOUNT WHICH WAS FORESEEABLE BY EVIDENT Technology Center Europe GmbH AT THE TIME THE RESPECTIVE SERVICE WAS PERFORMED.

EVIDENT Technology Center Europe GmbH SHALL BE LIABLE FOR LOSS OF DATA ONLY UP TO THE AMOUNT OF TYPICAL RECOVERY COSTS WHICH WOULD HAVE ARISEN HAD PROPER AND REGULAR DATA BACKUP MEASURES BEEN TAKEN.

UNLESS OTHERWISE SPECIFIED IN THIS TERMS THE LIABILITY OF EVIDENT Technology Center Europe GmbH SHALL BE EXCLUDED.

11. Miscellaneous.
This Online Support and these Terms shall be governed by and construed in accordance with the laws of Germany excluding the rules governing conflicts of laws and the Vienna Convention on the International Sale of Goods.

The courts of Hamburg, Germany shall have exclusive jurisdiction for any dispute arising out of or in this Agreement.

All agreements concluded between EVIDENT Technology Center Europe GmbH and you for the purposes of performance of the Online Support are to be set forth in writing. Any individual agreements (ancillary agreements, supplements, modifications) with you shall prevail over these Terms of Service unless otherwise provided for therein. Material statements and relevant notifications shall be in writing in order to become effective.