Terms and Conditions

General instructions for reading the website

The access and reading of the ALBA Hyperthermia System website is subject to the following Terms and Conditions and to the regulations in force. Access and reading of this website implies the general acceptance of the following Terms and Conditions and the ineffectiveness and invalidity of any different agreement between ALBA Hyperthermia System and the web user.

This website is conducted by Medlogix Via Adriano Olivetti 24, 0013\ Rome - Italy, Phone: +39 06 400 438 08

Terms and Conditions of use

1. Scope

1.1. Any use of this website provided by MEDLOGIX is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. Even if a log-in is not required, in accessing or using the ALBA Hyperthermia System website these Terms of Use are accepted in their current version.

1.2. In the case of Web offers aimed at companies or public enterprises, such companies or enterprises are represented by the user and must assume that the user has appropriate knowledge and acts accordingly.

1.3. If the User uses this ALBA Hyperthermia System website as business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer.

2. Services

2.1. The ALBA Hyperthermia System website contains specific information, as well as - as the case may be - related documentation, for viewing or downloading.

2.2. MEDLOGIX may stop the operation of the ALBA Hyperthermia System website in full or in part at any time. Due to the nature of the internet and computer systems, MEDLOGIX cannot accept any liability for the continuous availability of the ALBA Hyperthermia System website.

3. Rights of Use to Information and Documentation

3.1. The use of any information and documentation made available on or via this ALBA Hyperthermia System website is subject to these Terms of Use or, in case of updating information or documentation, subject to the applicable license terms previously agreed to with MEDLOGIX. Separately agreed to license terms, for example documents downloads, shall prevail over these Terms of Use.

3.2. MEDLOGIX grants the User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information and documentation made available to the User on or via the ALBA Hyperthermia System website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by MEDLOGIX in making the same available.

3.3. Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the documentation nor shall it disassemble or separate any part thereof. The User may make one backup copy of the documentation where necessary to secure further use in accordance with these Terms of Use.

3.4. The information and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the documentation, or any copies thereof.

4. Intellectual Property

4.1. Notwithstanding the particular provisions in § 3 of these Terms of Use, information, brand names and other contents of the ALBA Hyperthermia System website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of MEDLOGIX.

4.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5. Duties of the User

5.1. In accessing or using the ALBA Hyperthermia System website the User shall not - harm other persons, in particular minors, or infringe their personal rights; - breach public morality in its manner of use; - violate any intellectual property right or any other proprietary right; - upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; - transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or - distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2. MEDLOGIX may deny access to the ALBA Hyperthermia System website at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6. Hyperlinks

The ALBA Hyperthermia System website may contain hyperlinks to the web pages of third parties. MEDLOGIX shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as MEDLOGIX does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

7. Liability for defects of title or quality

7.1. Insofar as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

7.2. The information on the ALBA Hyperthermia System website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

8. Other Liability, Viruses

8.1. The liability of MEDLOGIX for defects in relation to quality and title shall be determined in accordance with the provisions of § 7 of these Terms of Use. Any further liability of MEDLOGIX is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

8.2. Although MEDLOGIX makes every endeavor to keep the ALBA Hyperthermia System website free from viruses, MEDLOGIX cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or documentation.

8.3. §§ 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.

9. Compliance with Export Control Regulations

9.1. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that: - There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information and documentation provided by MEDLOGIX, also considering the limitations of domestic business and prohibitions of by-passing those embargos; - Such information and documentation provided by MEDLOGIX are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided; - The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.

9.2. If required to enable authorities or MEDLOGIX to conduct export control checks, the User, upon request by MEDLOGIX, shall promptly provide MEDLOGIX with all information pertaining to the particular end-user, the particular destination and the particular intended use of information and documentation provided by MEDLOGIX, as well as any export control restrictions existing.

9.3. The User shall indemnify and hold harmless MEDLOGIX from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate MEDLOGIX for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.

9.4. MEDLOGIX's obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.

10. Supplementary Agreements, Place of Jurisdiction, Applicable Law

10.1. Any supplementary agreement requires the written form.

10.2. The individual pages of the ALBA Hyperthermia System website are operated and administered by MEDLOGIX. The pages comply with the law applicable in the country where the responsible company has its business residence. MEDLOGIX makes no representation that information and/or documentation on the ALBA Hyperthermia System website are appropriate or available for viewing or downloading at locations outside such country. If Users access the ALBA Hyperthermia System website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to the ALBA Hyperthermia System website's information and/or documentation from countries where such content is unlawful is prohibited. In this case and where the User seeks to do business with MEDLOGIX, the User should contact the MEDLOGIX representative for that particular country for country-specific business.

10.3. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the Italian law.