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TeamReporter App Terms

APPLICATION LICENSE (STANDALONE)

TERMS AND CONDITIONS

Last updated 01 July 2020

This APPLICATION LICENSE Terms and Conditions (“Terms”) is a legal agreement between your Organisation and Laerdal Medical A/S (“Laerdal”) which governs the licence and use by your Organisation of applications and content known as the “TeamReporter App” and the Service”.

BACKGROUND:

Laerdal has developed the TeamReporter App and the associated reporting and feedback service to facilitate CPR training to groups and individuals using Laerdal’s CPR manikins and related products. The TeamReporter App and the Service is intended for use by organisations and entities as part of CPR training for their students or staff or volunteers. It is not intended for use by consumers or otherwise individual persons on acting in a private capacity.

PLEASE READ THE THESE TERMS CAREFULLY.

1.      Acceptance of these Terms

By checking the “I Agree” button, you acknowledge and agree that you are an authorized representative of the organization or institution under which you are registered (the “Organization”) for access to and use of the TeamReporter App and the  Service. You represent that you have the capacity and authority to bind the Organization to these Terms and these Terms apply to the provision of the TeamReporter App and Services to you. As used in these Terms, “you”, “your” and “yours” refers to your Organization and not to you personally.

To download and use the TeamReporter App and the Service, you confirm your agreement to these Terms on behalf of your Organization by checking the “I Agree” button. You should print off a copy of these Terms for future reference.

If you, on behalf of your Organization, do not to agree to these Terms or if you are not an authorised to accept these Terms on behalf of your Organisation, you must not use this site.    

2.      Access to the TeamReporter App and the Service.

2.1              Ordering the License

Please follow the onscreen prompts to place your order for access to and use of the TeamReporter App. After you place your order you will receive an email from Laerdal acknowledging receipt of your order. At this point and on this date these Terms shall come into full effect in respect of the TeamReporter App. Laerdal will send you an email to provide you with user credentials to enable your Users in your Organisation to access, download and use the TeamReporter App (and the Service made available subsequently) under licenses governed by these Terms.

Your use of the Service and the TeamReporter App will require you to obtain, or be provided with, an administrator account, including setting up a username and password for the purpose of accessing the TeamReporter website and provisioning Users. In addition, your Users will also be provided with user credentials to download and use the TeamReporter App. Your Organization is solely responsible for maintaining the confidentiality of your account information, including your passwords, and for all activity that occurs under your Organization’s account. You agree to notify Laerdal immediately of any unauthorized access to or use of your account or passwords. You may not use the account, usernames or passwords of any other Organization at any time.  For the avoidance of doubt, the use of and access to the Service will not be made available to you or the Users during the initial trial period expiring on 31st August 2020 but will be made available for any licenses granted after expiry of this initial trial period.

Use of the Service and the TeamReporter App may require hardware and software devices compatible with the Service and the TeamReporter App. You agree that these requirements, which may change from time to time, are your responsibility.

2.2              Grant of licenses and payment of fees.

Upon acceptance of your order as described in section 1 and 2.1 above, Laerdal grants to the Organisation and its Users the non-exclusive, non-transferable right for an initial trial period of  commencing from the date of Laerdal’s receipt of your order upto and including 31st August 2020, to download, use and access the TeamReporter App via a designated Website solely for the benefit of the Organisation’s own CPR training purposes in simulated environments using Laerdal’s CPR training manikins PROVIDED ALWAYS that the Organisation’s and its Users’ use of the TeamReporter App  will not involve actual patients in any clinical setting.

Upon expiry of the initial trial period on 31st August 2020, the license granted in Clause 2.2. above expires automatically. You will be given an option to purchase a further license for an extended term (which will also include the ability to access and to use the Service) commencing on the expiry of the trial period subject to the payment of a fee but in all other respects, subject to these Terms. You agree that for any license you purchase under these Terms, you are responsible for all applicable taxes (including withholding taxes, value added tax or other tax). Any fees levied by Laerdal for the sale of licenses under these Terms are exclusive of taxes which will be payable by you.

3.      Use of TeamReporter App and the Service

3.1              Users.

The Organisation must ensure that only Users have access to or make use of the TeamReporter App and/or the Service. If the Organisation is notified or becomes aware that an unauthorized user and/or third party has gained access to or used the TeamReporter App or the Service, the Organisation shall promptly notify Laerdal. The Organisation shall take all reasonable steps to ensure that no Users shall take any action in breach of these Terms or the Acceptable Use Policy for Users.  Such steps shall include, but shall not be limited to, imposing password restrictions on use of the Service, securing the Organisation’s system, and administering and monitoring use of the Service and the TeamReporter App.

3.2              Reporting. 

The Organisation shall promptly report to Laerdal any actual or suspected violation of Clause 2.2 or 3.1, above and shall take such further steps as may reasonably be requested by Laerdal to prevent or remedy any such violation.

3.3              Restrictions. 

The Organisation (including its Users) shall not (a) use the TeamReporter App and/or the Service in any manner which is not expressly authorized under these Terms or which breaches any applicable law; (b) copy or reproduce any software in the TeamReporter App and/or the Service, in whole or in part; (c) modify, translate or create derivative works of any software in the Service and/or the TeamReporter App, either directly or through any third party, including but not limited to translated or localized releases of the software; (d) reverse engineer, decompile, disassemble or otherwise reduce any software in the Service and/or the TeamReporter App to source code form; (e) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes or otherwise transfer the Service and/or the TeamReporter App or the Organisation’s right to access and use the TeamReporter App and/or the  Software or (f) remove or modify any copyright, trademark or other proprietary notice of Laerdal or its licensors. The Organisation acknowledges that the TeamReporter App and the Service are training tools and (consistent with Clause 2) shall not use the TeamReporter App or the Service to diagnose, treat, cure, mitigate, or prevent a disease or condition of a patient, or in any other clinical context.              

3.4              Availability.

Subject to scheduled outages for maintenance and other announced downtime, Laerdal shall use commercially reasonable efforts to make the Service available for use during the license but makes no guarantee of continuous availability or uninterrupted use. Laerdal’s sole obligation and the Organisation’s exclusive remedy for any unavailability of the  Service for more than twenty four (24) consecutive hours is limited to an extension of the license for the period of time equal to the period of time the Service is unavailable PROVIDED that the Organisation has notified Laerdal of the unavailability in writing immediately upon becoming aware. Laerdal shall not be responsible for any unavailability described above which result from poor network connectivity or failure of equipment on the part of the Organisation or its Users.

4.      Intellectual Property.

The Organisation acknowledges and agree that the TeamReporter App and/or the Service used under these Terms is and shall at all times remain the sole and exclusive property of Laerdal or its licensors, including without limitation, all worldwide intellectual property rights including rights under any patent, trademark, copyright and trade secret laws recognised in any jurisdiction or country worldwide, including moral rights and similar rights.

5.      Customer Data

5.1    Customer Data Ownership and Warranty. Laerdal and the Organisation acknowledge that all Customer Data entered into and used with the TeamReporter App and/or the Service by the Organisation is and shall remain the property of Organisation and nothing in these Terms shall restrict Organisation’s use of its Customer Data.  Customer Data shall be considered Confidential Information subject to these Terms.   Laerdal shall have no responsibility for the accuracy, quality, legality, reliability, integrity or appropriateness of Customer Data, except to the extent of Laerdal’s obligations under applicable data protection legislation and these Terms with respect to any Customer Data that constitutes Personal Data.  Laerdal and its licensors are not liable or responsible for any results generated using Customer Data.  The Organisation represents and warrants that (a) it has the authority and right to transmit Customer Data through the TeamReporter App to Laerdal and to grant the license under Section 5.2; and (b) the use of Customer Data will not infringe the intellectual property rights, other proprietary rights or data protection rights of any third party.

5.2    License to Laerdal to use Aggregated Data. 

The Organisation grants Laerdal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use display, transmit, modify and prepare derivative works of the aggregated or otherwise non-identifiable Customer Data in any media.  Laerdal may aggregate non-identifiable Customer Data with non-identifiable data from other customers and third parties to create aggregated data that does not identify any individual or the metrics or information pertaining to any individual or its domain (“Aggregated Data”). Laerdal will own all rights to Aggregated Data, and has the irrevocable right to maintain, store, use and disclose Aggregated Data provided that the Aggregated Data will not reveal any personal information or the identity of the Users or any information in violation of the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C 1232g) and the Family Educational Rights and Privacy Regulations (34 CFR Part 99) as amended or otherwise modified from time to time and that the Education Records, as defined by FERPA, shall remain in the ownership of the Organisation.

5.3    License to Laerdal to use Customer Data for product improvement and product enhancement

The Organisation grants Laerdal a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to analyse the Customer Data solely for the purposes of improving or enhancing the future functionality and features of the TeamReporter App and the Service. Laerdal is responsible for complying with the applicable data protection legislation in relation to its processing of Customer Data for this purpose. Laerdal represents and warrants that it will not disclose any information in violation of the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time, and that Education Records, as defined by FERPA, shall remain in the ownership of Customer.

5.4    Confidentiality. 

Each Party agrees to secure and protect the Confidential Information of the other in a manner consistent with the maintenance of the other party’s rights therein, using at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information of a similar nature, but in no event using less than reasonable efforts. “Confidential Information” means information that a disclosing party considers to be confidential, including but not limited to Customer Data, business and technical information, marketing plans, research, designs, plans, methods, techniques, processes and know-how, whether tangible or intangible and whether or not stored, compiled or memorialized physically, electronically, graphically or in writing. Confidential Information shall not include information which: (i) is, or as of the time of its disclosure or thereafter, becomes part of the public domain through a source other than the receiving party; (ii) was rightfully known to the receiving party as of the time of its disclosure; (iii) is independently developed by the receiving party; (iv) is subsequently learned from a third party not under a confidentiality obligation to the disclosing party; or (v) is required to be disclosed pursuant to an obligation under applicable laws, or a duly authorized subpoena, court order, or government authority request, whereupon the party subject to same shall (except where prohibited by law from doing so) provide prompt written notice to the other party prior to such disclosure, so that such party may seek a protective order or other appropriate remedy.  The parties acknowledge that any quotes and pricing shall be treated as Confidential Information.

6.      Data protection and privacy.

6.1.   Your privacy.

As an independent data controller, Laerdal (i) collects and processes contact details of the authorised representatives of the Organisation in order to process and deliver the license to and manage payment from the Organisation under these Terms, [(ii) generates account credentials (username and password) for each Organisation and individual User; and (iii) analyses Customer Data for the purposes described in clause 5.3 above.. For more information on how Laerdal handles this information, please visit Privacy Policy. This does not apply to Customer Data which is processed on behalf of the Organisation in accordance with the provisions of these Terms.

6.2.   Instructions.

With the exception of the processing outlined in clause 6.1 above, the Organisation instructs Laerdal to process any personal data comprised in the Customer Data (“Customer Personal Data”) as necessary to provide the Service pursuant to these Terms for the duration of the license granted under these Terms. The Organisation is solely responsible for determining the suitability of the TeamReporter App and/or the Service for the Organisation’s needs and for complying with the Data Protection Legislation in relation to the Customer Personal Data and the Organisation’s use of the TeamReporter App and/or the Service, except for any obligations under Data Protection Legislation that apply expressly to Laerdal in the context of its provision of the TeamReporter App and/or the Service. Laerdal will process Customer Data. Customer Personal Data is determined and controlled by the Organisation and includes Personal Data relating to Users of the TeamReporter App, the Service and all employees, staff, students of and volunteers affiliated with the Organisation engaged in simulation training which interact with the TeamReporter App or the Service.

6.3.   Security. 

Laerdal has, considering the state of the art, cost of implementation, the nature, scope, context and purposes of the TeamReporter App and the  Service, and the level of risk, implemented appropriate technical and organizational measures to enable a level of security appropriate to the risk of unauthorized or unlawful processing, accidental loss of and/or damage to Customer Data. At reasonable intervals, Laerdal tests and evaluates the effectiveness of these technical and organizational measures for enabling the security of the processing.

6.4.   Data Protection.

Where Laerdal is processing Personal Data for you, Laerdal will:

(a)               only do so on your documented instructions (as set out in clause 6.2) , including with regard to transfers of personal data to a third country or an international organization, except where otherwise required by applicable law, in which case Laerdal shall inform you of that legal obligation prior to processing, unless prevented from doing so on grounds of important public interest;

(b)               to the extent necessary for the provision of the Service, transfer Customer Personal Data outside of the European Economic Area, including to Sub-processors (as defined below), provided measures are in place to ensure that each transfer complies with Data Protection Legislation.  Wherever possible, Laerdal relies upon standard contractual clauses for data transfers to countries outside the European Economic Area that do not have adequate levels of data protection as determined by the European Commission.  Where applicable, you appoint Laerdal as your agent solely for the purpose of entering into standard contractual clauses (as approved by the European Commission) to provide the Service to you, under these Terms;

(c)               ensure that all Laerdal personnel involved in the processing of Personal Data are party to confidentiality obligations in respect of the Personal Data;

(d)               make available information necessary to demonstrate Laerdal’s compliance with its obligations under Data Protection Legislation where such information is held by Laerdal and is not otherwise available to you through your account and User areas or on Laerdal websites, provided that you provide Laerdal with at least 14 days' written notice of such an information request;

(e)               cooperate as reasonably requested by you (at your expense) to enable you to comply with any exercise of rights by a data subject under Data Protection Legislation in respect of Personal Data processed by Laerdal in providing the TeamReporter App and/or the Service;

(f)                promptly notify you of all requests received directly from a data subject of any of their Personal Data in respect of that data subject's Personal Data submitted through the TeamReporter App and/or the Service;

(g)               cooperate with data protection authorities or privacy regulators in the performance of such regulator's tasks where required;

(h)               upon termination or expiry of the term of your license, except where your license is renewed for a further term, delete (or otherwise return to you, on your request) the Customer Personal Data, except where prolonged retention is required for compliance with applicable laws; and

(i)                assist you as reasonably required (at your expense) when you are required under the Data Protection Legislation to conduct a Data Protection Impact Assessment in relation to the TeamReporter App and/or the Service.

6.5.   Sub-processing.

You provide a general authorization to Laerdal to engage further data processors (“Sub-processors”), subject to compliance with the requirements in Sections 6.6 and 6.7.

6.6.   Sub-processor List.

Laerdal will, subject to any confidentiality provisions under these Terms or otherwise imposed by Laerdal:

(a)               make available to you a list of the Sub-processors who are involved in processing Customer Personal Data, together with a description of the nature of service provided by each Sub-processor (“Sub-processor List”).  A copy of this Sub-processor List may be requested by emailing privacy@laerdal.com);

(b)               ensure that all Sub-processors on the Sub-processor List are bound by contractual terms that are in all material respects no less onerous than those contained under these Terms; and

(c)               be liable for the acts and omissions of its Sub-processors to the same extent Laerdal would be liable if providing the services of each of those Sub-processors directly under these Terms.

6.7.             New / Replacement Sub-processors.

Laerdal will provide you with written notice of the addition of any new Sub-processor or replacement of an existing Sub-processor at any time during the term of your license  (“New Sub-processor Notice”), where such notices will be delivered by e-mail to the email provided by you when you placed your Order for accepting these Terms or any other email that you subsequently notify to us.  If you have a reasonable basis to object to Laerdal’s use of a new or replacement Sub-processor, you will notify Laerdal promptly in writing and in any event within 30 days after receipt of a New Sub-processor Notice.  In the event of such reasonable objection, either you or Laerdal may terminate these Terms if the Service and/or the TeamReporter App cannot be reasonably provided without the objected-to new Sub-processor with immediate effect by providing written notice to the other party.

6.8.             Security Incident. 

If Laerdal becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, Customer Personal Data (“Security Incident”), Laerdal will promptly, and in any event, as soon as reasonably practicable, notify you without undue delay.  Laerdal will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any information reasonably requested by you in relation to any such incident.

6.9.             Audit.

Where you are unable to obtain information that satisfactorily demonstrates Laerdal’s compliance with Data Protection Legislation under clause 6.4 (e), Laerdal permits you on no less than sixty (60) days’ notice (unless a shorter notice period is required by a data protection authority), and no more than once per calendar year, at your cost to inspect and audit facilities used by Laerdal in processing Customer Personal Data and all records maintained by Laerdal which relate directly to such processing (which may be redacted to the extent necessary to protect the confidentiality of Laerdal’s other customers of Laerdal’s intellectual property or trade secrets).

6.10.          Your privacy obligations.

You shall ensure and represent that you are entitled to transfer the Customer Personal Data to Laerdal so that Laerdal may on your behalf lawfully process and transfer the Personal Data in accordance with these Terms.  You shall ensure that all relevant data subjects (including Users as well as data subjects whose images are captured by the TeamReporter App but who are not Users) have been informed of, and have given their consent to, such use, processing, and transfer to the extent required by Data Protection Legislation.

7.      Duration and Termination

7.1         The license granted to the Organisation in Clause 2 above will be valid for the trial period expiring on 31st August 2020 and for any extended term purchased thereunder.

7.2          These Terms and any license hereunder may be terminated and/or suspended by Laerdal, without refund, if you fail to pay any amount due to Laerdal or if you fail to comply with any of these Terms or if any of your Users fail to comply with the Acceptable Use Policy for Users.

7.3          To the extent permitted by law, these Terms also will terminate automatically and you and your Organization’s license to use the TeamReporter App and/or the Service will be terminated without notice if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, administrative receiver or other receiver appointed, or if you suffer or file any similar action in consequence of debt.

In the event these Terms are terminated, Sections 1, 6 and 9-10 and any payment obligations incurred by you prior to the effective date of termination shall survive.

8.      LIMITATION OF LIABILITY/EXCLUSIONS OF WARRANTY

8.1          Except as expressly provided under these Terms, the Organisation assumes sole responsibility for the Customer Data and for conclusions drawn from use of the Customer Data. Laerdal has no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Laerdal by the Organisation or its Users in connection with the TeamReporter App and/or the  Service or any actions taken by Laerdal at the Organisation’s direction.

8.2              The warranty provided in clause 3.4 above will not apply if

(a)               the TeamReporter App and/or the Service is not used in accordance with these Terms, or if Users fail to comply with the Acceptable Use Policy for Users; or

(b)              any non-conformance is caused by the Organisation or by any product or service not provided by Laerdal; or

(c)               the TeamReporter App and the Service is provided without payment during the free trial period.

8.3              Except as expressly provided under these Terms, all warranties, representations, conditions and all other terms of any kind whatsoever implied by law are to the fullest extent permitted by applicable law, excluded from these Terms.

8.4              To the maximum extent permitted by law, Laerdal shall not be liable under these Terms for any loss of profits, business interruption, loss of goodwill, loss of Customer Data (except in relation to the sole and exclusive remedy set out in Clause 3.4), or for any indirect, special, incidental, consequential, exemplary, or punitive damages,  under any theory of liability. 

8.5              Laerdal and its licensors’ total aggregate liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance of these Terms shall be limited to the amount of the fees actually paid by the Organisation during the twelve (12) months immediately preceding the date on which the event giving rise to such liability occurred.

9.      General

9.1              No waiver. Failure by Laerdal to enforce any particular term of these Terms shall not be construed as a waiver of any of Laerdal’s rights under it. If any part of these Terms is held by a court of competent jurisdiction to be unenforceable for any reason whatsoever, you and Laerdal agree that the validity of the remainder of the terms will not be affected. No variation, amendment of, or addition to these Terms made by you shall be effective without Laerdal’s prior written consent.

9.2              Assignment and subcontracting. Laerdal may assign or transfer its rights and obligations under these Terms to another entity upon written notice to the Organisation. The Organisation may only assign or transfer its rights under these Terms to another entity with Laerdal’s prior written consent. Without limiting the generality of the foregoing, Laerdal may fulfil any of its obligations under these Terms by sub-contracting its obligations to any independent third party or Laerdal affiliate provided Laerdal remains responsible for the performance of the Subcontractor’s obligations.

9.3              Force majeure. Except for the obligation to make payments, neither party under these Terms will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, pandemic, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.  If Laerdal is unable to provide the TeamReporter App or the Service for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Organisation may terminate these Terms.

9.4              Jurisdiction. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of Norway without giving effect to the principles of conflict of laws.  You agree that you will not contest venue, and you waive any rights that you may have to initiate, transfer, or change the venue of any litigation arising from or related to these Terms.

9.5              Notices. Any notice sent under these Terms to the Organisation will be deemed to be validly served if sent to the email address and contact details provided to place an Order under these Terms. Any notices to be sent to Laerdal under these Terms must be sent to Afonso.Franco@laerdal.com.

9.6              Entire Agreement. These Terms constitute the entire agreement between Laerdal and the Organisation and the Organisation acknowledges that it has not relied on any statement, promise or representation or assurance or warranty not contained in these Terms.

10.    Definitions

“Acceptable Use Policy for Users” means the terms of use applicable to an individual User available below.

“CPR” means cardiopulmonary resuscitation.

“Customer Data” means the Organisation and its Users’ data including Personal Data, information or material inputted by you or your Users into the TeamReporter App for the purpose of accessing and using the Service or facilitating the Organisation’s use of the Service.

“Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Processing” and “appropriate technical and organisational measures” is as defined in the Data Protection Legislation.

“Data Protection Legislation” means all applicable laws relating to the protection of personal data and/or the privacy of natural persons, including (without limitation) the General Data Protection Regulation EU 679/2016 (“GDPR”) and national legislation which supplements the GDPR.

“Laerdal” means Laerdal Medical AS of Tanke Svilands gate 30, Stavanger Norway 4002.

“Organisation” or “you” means the organisation or institution accepting these Terms, acting by its authorised representative.

“TeamReporter App” means the TeamReporter mobile application software and content for use in conjunction with the Service for the Organisation’s CPR training.

“Service” means the online hosted, subscription based service to which the TeamReporter App connects and sends Customer Data for access and use by the Organisation in respect of its CPR training activities.

“Subcontractor” means any entity to whom Laerdal subcontracts any of its obligations under these Terms.

“User” means an individual who is authorised by the Organisation to download the TeamReporter App onto a mobile device and view, use and display the TeamReporter App and/or access the Service and to whom the Organisation (or Laerdal at the Organisation’s request) has supplied a user identification and password. Users’ may include employees, students, agents, independent contractors, and other individuals of the Organisation.

“Website” means the web site(s) through which the Service is made available to you or any other website notified to you by Laerdal from time to time.

ACCEPTABLE USE POLICY FOR USERS

Last updated 01 July 2020

Laerdal Medical AS (Laerdal) provides the TeamReporter App and Service which can be accessed through a computer or mobile devices. You must be a User (as defined in the Application License Terms and Conditions) in order to access and use the TeamReporter App and Service. If you have not been authorised by your Organisation to download the TeamReporter App, or you otherwise do not meet the definition of a User, you must immediately delete the TeamReporter App and not try to use or access the Service in any way.

This Acceptable Use Policy for Users has legal effect between you and Laerdal in respect of your access to and use of the TeamReporter App and Service as a User. Please read it carefully before using any of the TeamReporter App and/or Service. By using the TeamReporter App and/or Service, you agree to comply with and be bound by this Acceptable Use Policy for Users and agree that you have read and understood it and the documents it refers to. If you do not agree with this Acceptable Use Policy for Users, you must not access or use the TeamReporter App and/or Service.

Capitalised terms used in this Acceptable Use Policy for Users that are not defined herein have the meaning given to them in the Application License Terms and Conditions (“Terms”).
Access Terms

1. Your access. LAERDAL provides the TeamReporter App under licence to Organisations. In providing you with an account or access link, your Organisation or LAERDAL may invite you to access the TeamReporter App or the Service. LAERDAL may permit an Organisation to grant you access provided that Organisation complies with certain restrictions and provided that it remains responsible for your use and actions relating to the TeamReporter App. Other terms may apply to the TeamReporter App in addition to this Acceptable Use Policy, in particular, terms agreed between LAERDAL and your Organisation, including (without limitation) the Application License Terms and Conditions.

2. Use by you. You may, provided you meet the definition of a User, and subject to the restrictions below, download the TeamReporter App onto a mobile device and view, use and display the TeamReporter App on such devices.

3. Restrictions on use. You must use the TeamReporter App solely for CPR training purposes as authorised by your Organisation. You must not (a) republish, frame, reproduce, license, transfer, sell, assign, based on, or otherwise reproduce the TeamReporter App, in whole or in part; (b) modify, reverse engineer, disassemble, de-compile or create derivative works of the whole or any part of the TeamReporter App; (c) obscure, remove or alter any of the trademarks, trade names, patent or copyright notices or legends on TeamReporter App; (d) attempt to gain unauthorized access to other Service licences, computer systems or networks connected to any Service platform or server through hacking, password mining or any other means; (e) email or otherwise make available materials from the TeamReporter App to anyone else other than the authorised Service used by your organisation; (f) use personal data included within, or accessed via, the TeamReporter App in a way as to knowingly or negligently cause us to breach our obligations under applicable Data Protection Legislation; (g) use the TeamReporter App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these terms; (h) infringe our intellectual property rights or those of any third party in relation to your use of the TeamReporter App; (i) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Team Reporter App or the Service and (j) use the TeamReporter App to record or transmit any patient health or medical data from a clinical setting or use the TeamReporter App or the Service to diagnose, treat, cure, mitigate, or prevent a disease or condition of a patient, or in any other clinical context.

You agree that the TeamReporter App and the Service may include security technology that limits your use of the TeamReporter App and that, whether or not the TeamReporter App is limited by security technology, any other use of the TeamReporter App in violation of these Terms may constitute a copyright infringement.

4. Disclaimer. The TeamReporter App is provided by LAERDAL to the Organisation. LAERDAL makes no representations or warranties to you of any kind, express or implied, as to the operation of the TeamReporter App or the information, content or materials included on the Service. Your use of the TeamReporter App is governed by your relationship with the Organisation and this Acceptable Use Policy.

5. Confidentiality and intellectual property rights. Some content and materials accessible via the Service may be confidential to your Organisation and may also be protected by intellectual property rights around the world.

6. Your breach. In its sole discretion, LAERDAL may remove content or postings and/or suspend your user account and access to the TeamReporter App for you and/or your Organisation if it believes you are using or have used the TeamReporter App in breach of this Acceptable Use Policy for Users.

7. Privacy. The TeamReporter App and the Service is intended for use by your Organisation and is administered to you by your Organisation. Nevertheless, Laerdal processes some personal information for its own purposes: Laerdal (i) collects and processes contact details of the authorised representatives of the Organisation (which may include you) in order to process and deliver the license to and manage payment from the Organisation under the Terms, [(ii) generates account credentials (username and password) for each Organisation and for each User [which may include account credentials for you]; and (iii) analyses videos recorded by the TeamReporter App which comprise Customer Data (which may include your personal data) for the purposes of Laerdal’s legitimate interest in improving or enhancing the future functionality and features of the TeamReporter App and the Service. These video recordings are not associated with any other directly identifiable information about you and are analysed on an automated basis as part of machine learning processes. For more information on how Laerdal handles this information, please visit Privacy Policy.

With the exception of the foregoing, any personal information processed by Laerdal in relation to your use of the TeamReporter App or the Service is done so based on the instructions from your Organisation as our customer. Your use of the TeamReporter App or the Service is subject to your Organisation’s policies. Your organisation will access and process any personal information submitted to the Service through the TeamReporter App. Except where your enquiry relates to Laerdal’s use of your personal information for its own purposes as described above, please direct your privacy enquiries to your Organisation. Your Organisation is the data controller of any such personal information and Laerdal is the data processor. Laerdal is not responsible for the privacy or security practices of your Organisation.

11. Changes to these Acceptable Use Policy for User: LAERDAL may post changes to this Acceptable Use Policy for Users via the TeamReporter App or the Service, and such changes shall be effective from the next time you use the TeamReporter App or the Service.

12. Governing law: these terms are governed by Norwegian law.