This End User License Agreement (Agreement) is a legal agreement between you and CSL Behring (Australia) Pty Ltd (ABN 48 160 734 761) (CSL) regarding your use of this Healthcare Professional Application (Application). This Agreement governs your use of this Application, including, without limitation, the use of all content such as text, information, and images and the suite of services, integrated tools, programs, software, databases, helpers, and other related items. By clicking the "I Agree" button, you accept to be bound by all the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, you will not be able to use the Application and you must remove the Application from your system or device. Your use of the Application is subject to the terms and conditions of this Agreement. CSL reserves the right to amend this Agreement and any policies at any time and your use of the Application following any amendments will represent your agreement to be bound by the terms and conditions of the Agreement and policies as amended.
1. GRANT OF LICENSE Subject to the terms of this Agreement, CSL hereby grants to you a limited, revocable, non-exclusive, non-transferable license to install, access, and use the Application solely for your personal use. You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify, loan, distribute, export or otherwise transfer, or allow others to use the Application, technology, or other information, including any printed materials of the same, nor may you create derivative works of or otherwise modify the same. This license will automatically terminate if you do not comply with the terms of this Agreement. You may not use, download, or export the Application in violation of any applicable laws or regulations.
2. DISCLAIMER AND NOTICEThe information contained on this Application, including, but not limited to, clinical references, images, tools, and other related items are intended to be used as a reference resource and not as a complete, solitary resource. While care has been taken to confirm the accuracy of the information presented and to describe generally accepted practices, CSL and its respective licensors, authors, editors, reviewers, contributors, and publishers are not responsible for errors or omissions or for any consequences from application of the information herein and make no warranty, express or implied, with respect to the currency, completeness, or accuracy of the contents of the Application. Because health related information changes frequently, the information contained in the Application may be outdated, incorrect, or incomplete. Applying this information in a particular situation remains your responsibility.
3. MEDICAL INFORMATIONAL/CONDITIONS.There may be information on this Application related to certain medical conditions and/or their treatment. This information must not be used as a substitute for medical judgment, advice, diagnosis, or treatment of any medical condition or problem. If you have a question about any medical condition or problem, you should consult with a physician or other qualified healthcare provider. CSL does not offer personalised medical diagnosis or patient-specific treatment advice. A doctor or other healthcare professional is in the best position to assess and provide information about any medical condition and any treatment options.
5. FOR USE BY AUSTRALIAN RESIDENTS ONLY. The Application and any information relating to CSL products are intended for use only by Australian residents. The information in this Application is intended to comply with the laws and regulations of Australia, and other countries may have laws, regulatory requirements, medical practices, and other restrictions that differ from those in Australia. Any portion of this Application is void where prohibited.
6. CONSENT TO USE OF DATA. You agree that CSL or others working for CSL may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Application. CSL or others working for CSL may use this information to improve and/or to provide to you its products, processes, services, or technologies. CSL or others working for CSL will not collect and will not use information that identifies you personally through your ordinary use of the Application.
7. SURVIVAL. The provisions of Sections 7, 8, 9, 10, 11, 12, 15, 17 (and its subparts), and 18 shall survive any termination or expiration of this Agreement.
8. UPDATES AND SUPPORT. CSL may choose to provide updates to the Application at any time at its sole discretion. CSL shall not have any obligation to provide you with any maintenance or support relating to the Application.
9. LINKED WEBSITES. The Application may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained. The Linked Websites should not be construed as an endorsement, approval or recommendation by CSL of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites. Subject to Section 18, CSL accepts no responsibility or liability for, and gives no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
10. DISCLAIMER OF WARRANTIES. You understand and agree that the Application is provided on an "as is" and "as available" basis. CSL does not make any warranty that the Application will meet your requirements or that use of the Application will be uninterrupted, timely, secure, or error-free. CSL does not make any warranty as to the results that may be obtained from use of the Application or the accuracy or reliability of any information obtained through the Application (including third-party content) or that any defects in the Application will be corrected. Subject to Section 18, CSL and its suppliers disclaim all warranties of any kind, whether express, implied or statutory regarding the Application, including any implied warranty of title, merchantibility, fitness for a particular purpose or non-infringement of third-party rights. You understand and agree that any material or data obtained through use of the Application is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or device or loss of data that results from the download of any such content or material.
11. LIMITATION OF LIABILITY. To the extent permitted by law, you understand and agree that CSL and its respective licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, however caused and on any theory of liability, and even if advised of the possibility of such damage, including, without limitation, damages for personal injury, lost data, lost profits, or business interruption arising from or relating to: (i) your use of the Application or use of the Application through your account by anyone else; (ii) the cost of procurement of substitute data, information or software; (iii) unauthorised access to or alteration of your transmissions or data; or (iv) any other matter relating to the Application or its use. Additionally, you are solely responsible for (i) any and all decisions regarding use of the application to input, store, and/or transfer personal data; and (ii) any and all activities that occur on your account. If you use a shared computer or a computer in a public place to access the web-based platform, it is advisable that you close your browser when you complete a session, to help ensure others do not access the Application or data contained therein.
12. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless CSL, its respective officers, directors, employees, agents, and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or allegedly arising out of, your use of the Application or any breach of this Agreement or violation of any rights of another.
13. TERMINATION. The license is effective until terminated by you or by CSL, which may be done at any time. Upon termination you shall cease to use and shall permanently remove or uninstall all copies of the Application in its entirety. Your rights under this license will terminate automatically without notice from CSL should you fail to comply with any term(s) of this license. All other provisions of this Agreement will survive such termination.
14. PROPRIETARY RIGHTS. You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) CSL owns all right, title, and interest in and to, or is licensed to use, the Application and software provided through or in conjunction with the Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. Unless indicated to the contrary the trade marks contained in this Application are trademarks of CSL or its subsidiaries. Where a trade mark is indicated as a registered mark it is registered in Australia and may also be registered in other jurisdictions. Nothing contained in this Application is to be construed as a licence or any right to use a trade mark displayed in this Application without the express written permission of CSL. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights, or (iv) remove obscure or alter CSL's or any third party's copyright notices, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
15. ASSIGNMENT. You may not assign or transfer your rights under this Agreement without the prior written consent of CSL. CSL may assign all rights and liabilities under this Agreement to a subsidiary, affiliate, or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
16. FORCE MAJEURE. No party shall be liable for a failure or delay in performing any of its obligations under this Agreement if, but only to the extent that such failure or delay is due to causes beyond the reasonable control of the affected party, including (i) acts of God; (ii) fire, explosion, or unusually severe weather; (iii) war, invasion, riot or other civil unrest; (iv) governmental laws, orders, restrictions, actions, embargoes or blockages; (v) national or regional emergency; and provided that the party affected shall promptly notify the other of the force majeure condition and shall exert reasonable efforts to eliminate, cure or overcome any such causes and to resume performance of its obligations as soon as possible.
17. MISCELLANEOUS
17.1 You agree to access and use the Application in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Application for any illegal or wrongful purpose.
17.2 This Agreement and the rights and obligations of the parties hereunder shall be governed by and interpreted, construed, and enforced in accordance with the laws of Australia, exclusive of its choice of law rules. The state and federal courts in Australia have exclusive jurisdiction to adjudicate any disputes between the parties, and each party hereby consents to the interpretation of laws, jurisdiction, and venue in the state and federal courts sitting in Australia. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions shall remain in full force and effect.
17.3 CSL's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
17.4 Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
17.5 This Agreement constitutes the parties' final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, oral or written, between the parties.
18. EXCLUSIONS AND LIMITATIONS. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 9 and 10 which are lawful in your jurisdiction will apply to you and CSL’s liability will be limited to the maximum extent permitted by law.
19. CUSTOMER AGREEMENT. You hereby represent and warrant that you are legally bound by this Agreement when you download, install, and or use the Application.
PRIVACY INFORMATION
Any personal information collected by CSL in connection with your use of this Application will be used by CSL and its related bodies corporate for the purpose of CSL making this Application available to you and any other purpose related to or arising from your use of the Application. CSL may disclose personal information to third parties including related companies, regulatory authorities and contractors engaged to provide services to CSL, which may be located outside of Australia in countries including the United States, Switzerland and countries within the European Union. Please contact CSL’s Privacy Officer by email: privacy@cslbehring.com.au, phone: (03) 9246 5200 or fax: (03) 9246 5299, or by writing to CSL Behring (Australia) Pty Ltd, 189 – 209 Camp Road, Broadmeadows, Victoria 3047, Australia, to request access to, or correction of, your personal information. Information about how you can make a complaint or CSL’s handling of personal information is set out in our Privacy Policy available at www.cslbehring.com.au/privacy.
Last updated: June 2019