Conditions of use IGT Learning Application

Thank you for your interest in this mobile application. This mobile IGT Learning application (“App”) is offered to you by Philips Medical Systems Nederland B.V., Veenpluis 6, 5684 PC Best, the Netherlands (“Philips”). By using the App, you agree to abide by the following terms and conditions.  

What this App does for you:
This App provides you with information about Philips IGT innovations. This App provides quick access to “How do I” videos, documents, clinical cases, and links to support you in using IGT systems and tools. This App is not connected to any IGT device through the internet or the cloud, and cannot transfer files such as education content.

License: You may use this App in connection with the purpose as described above on a mobile device owned or controlled by you. The App is licensed, not sold to you for your use. This license is non-transferable and is between you and Philips.  Philips reserves all other rights in the App. You agree that you will not, and will not allow a third party to: (i) reverse engineer the App; (ii) attempt to work around safeguards within the App; (iii) remove any App notices; (iv) use the App in violation of any law or regulation, or in violation of any obligation you may have to another person or entity; (v) or share, sublicence or publish the App for other use without express prior written authorization from Philips. 

Philips may, at any time and at its discretion: (i) modify the (content of the) App, including without limitation, removing content; (ii) stop updating the App; and/or (iii) terminate this license, without prior written notice (period) being required.

Disclaimer: This App (including its content) is provided by Philips “as is”. To the maximum extent permitted by law, Philips disclaims all warranties of any kind, whether express or implied, relating to this App, including but not limited to any warranty that it will operate error free or uninterrupted. Philips specifically disclaims all implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights.

The content of this App is for information and education purposes only. The content is not intended to provide medical advice, diagnosis, or treatment. Philips is not engaged in the practice of medicine and the App is not a substitute for professional judgment of healthcare providers in diagnosing and treating patients. Please note that the images used in the App are for demonstration purposes and may not be representative of images produced by your device.
This App should not be regarded as a substitute for the materials that came with your device (e.g. Instructions for Use). Before attempting to use any Philips device, you must read the Instructions for Use of the device thoroughly, paying particular attention to all warnings, cautions, and notes it may contain. In all cases, the information contained in the Instructions for Use is considered leading information.

Liability: IN NO EVENT WILL PHILIPS, OR ANY OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE APP, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  PHILIPS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP.   
Jurisdiction: To the extent permitted under applicable law, these conditions of use shall be construed, interpreted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.

Your statutory rights under consumer protection laws in your country of residence remain unaffected by this choice of law. 

The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the conditions of use.

Finally: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Also you irrevocably grant the mobile application store where you have purchased this the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.
Philips reserves the right to terminate or restrict your use of the App if you violate these Conditions of Use or are engaged in illegal or fraudulent use of this service.