October 2013
The Orthofix Applications by Anatomical Site ("Orthofix ABS") provides Healthcare Professionals the different fractures and deformity treatment options using Orthofix external and/or internal fixation systems. If you are not a Healthcare Professional, please contact your doctor for information.
Orthofix ABS does not allow the user to input any patient-specific information along with reference material to automatically diagnose a disease or a condition.
Proper surgical procedure is the responsibility of the medical professional. Operative techniques are furnished as an informative guidelines. Each surgeon must evaluate the appropriateness of a technique based on his or her personal medical credentials and experience, knowing the information reported in the Orthofix product-specific IFUs. Please note that certain products may not be available in all countries.
Thank you for your interest in using the Orthofix Applications by Anatomical Site ("Orthofix ABS"). The following terms and conditions (these "Terms and Conditions") govern your use of the Orthofix ABS. All content of Orthofix ABS is owned or controlled by Orthofix SRL, and it is protected by worldwide copyright laws.
Terms and Conditions/Legal Notice for Orthofix Applications by Anatomical Site
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING ORTHOFIX ABS, BY DOWNLOADING THE APPLICATION TO AVAILABLE DEVICE OR ACCESSING ANY CONTENT OR DOCUMENT WITHIN THE ORTHOFIX ABS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE APP OR SERVICES CONNECTED.
The Orthofix ABS is intended for use only by Healthcare Professionals for informational purposes and educational aids, or by active employees or contracted third-party resources of Orthofix or its subsidiaries. We reserve the right to change these Terms and Conditions at any time and without notice to you; however, all such changes will be posted. As a result, we encourage you to review the Terms and Conditions from time to time so that you are aware of any such changes.
Scope of License. You understand and agree that the Orthofix ABS is licensed, not sold, to you for use only as outlined in these Terms and Conditions. We reserve all rights not expressly granted to you. This license is limited to a non-transferable license to use the Orthofix ABS on the computer or device that you own or control. This license does not allow you to use the Orthofix ABS that you do not own or control, and you may not distribute or make the Orthofix ABS available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Orthofix ABS. You may browse and/or download content only for your personal use and for non-commercial purposes. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Orthofix ABS, any updates, or any part thereof. You acknowledge that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Orthofix ABS.
Termination. The license is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate automatically without notice from us if you fail to comply with any term of these Terms and Conditions. Upon termination of these Terms and Conditions, you shall cease all use of the Orthofix ABS, and destroy all copies, full or partial, of the Orthofix ABS.
Links. The Orthofix ABS may provide links or references to other websites or applications, but the owners of the Orthofix ABS have no responsibility for the content of such other websites or applications. Any links to other websites or applications are provided as merely a convenience to the users of the Orthofix ABS. Orthofix will use reasonable efforts to provide up-to-date and accurate information, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Moreover, we do not guarantee the availability of and we do not assume any responsibility or liability for the accuracy and/or completeness of any information or data contained or displayed in the Orthofix ABS.
Ownership of Intellectual Property.
Orthofix or its affiliates, as applicable, shall remain the sole owner of all rights, title, and interest in and to patent, copyright, trade secret, trademark, and other intellectual property rights of any kind comprised in, related to, or derived from the Products, any promotional and other material describing or depicting the Products, and any other invention, technology, improvement, design, work, and derivative work of any kind made, created, discovered, or acquired by or for Orthofix or any of its affiliates (collectively, "IP"). IP includes all patents, copyrights, trademarks, trade names, technology, designs, discoveries, inventions and any improvements thereon, and trade secrets. Orthofix shall own, and user shall have no right, title, or interest in, any and all goodwill and value created by the use of the trademarks, tradenames, and other IP rights. User shall not reverse engineer, duplicate, or copy any Product or other IP and shall not assist any third party in doing so.
Personal Content
The Orthofix ABS App allows you to include and add personal materials and documents. This function is intended for the Orthofix ABS mobile app only. Those contents remain available within the App only, and till you keep the App installed in your device. In any case, Orthofix could not be considered responsible for any damages or any other issues related to your personal content during and after termination of use of the App.
Copyrighted Materials: No Infringing Use
You will not use the Orthofix ABS to display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to Orthofix ABS and Services ("Feedback"). You may submit Feedback by emailing us at appsupport@orthofix.it. You acknowledge and agree that all Feedback will be the sole and exclusive property of Orthofix and you hereby irrevocably assign to Orthofix and agree to irrevocably assign to Orthofix all of your rights, titles, and interests in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
Consent to Use of Aggregate Data
You agree that we 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. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. Our collection and use of your personal information provided in connection with this Orthofix ABS will be subject to the Privacy Policy included as part of our Orthofix ABS.

General Prohibitions
You agree not to do any of the following actions while using the App, Website, Services or Orthofix Content:
  • Include any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including, but not limited to, in any Third Party's Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the App or Services, or any individual element or materials within the Site or Services, Orthofix's name, any Orthofix trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Orthofix's express written consent;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Orthofix to protect App, Website, Services or Orthofix Content;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Orthofix trademark, logo URL or product name without Orthofix's express written consent;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App, Website, Services or Orthofix Content;
  • Collect or store any personally identifiable information from the App, Website, Services or Orthofix Content from other userswithout their express permission;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP, WEBSITE, SERVICES, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER ORTHOFIX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP, WEBSITE, SERVICES OR ORTHOFIX CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORTHOFIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT ORTHOFIX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR USE OF THE ORTHOFIX ABS IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE ORTHOFIX ABS, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
Governing Law and Dispute Resolution
  • This Agreement will be governed by and construed in accordance with the laws of Italy, without consideration of any conflict of laws or international private law rules or treaties that would result in the application of the law of any other jurisdiction. It is hereby expressly excluded the application of the United Nations Convention for the International Sale of Goods, which shall not apply to this Agreement or any transaction between the parties hereunder.
  • Nothing in this article shall limit the right of Orthofix to take proceedings against User in any court of competent jurisdiction, nor should the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. Without limiting the foregoing, Orthofix may petition any court or other governmental entity having jurisdiction over User in order to (i) seek injunctive or other extraordinary relief and emergency or urgent court orders as contemplated by Italian law and/or the law in the Territory, or (ii) seek declaratory or other relief regarding the ownership, validity, or actual or threatened infringement of any intellectual property. For the purposes herein User hereby submits itself to the jurisdiction of such court(s).

Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between Orthofix and you regarding the App, Website, Services or Orthofix Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Orthofix and you regarding the App, Website, Services or Orthofix Content.
Notices
You consent to the use of: (a) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (b) electronic records to store information related to these Terms of Use or your use of the App, Website, Services or Orthofix Content. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Orthofix (x) via email if applicable (in each case to the address that you provide); or (y) by posting to the Site or Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.
Indemnification. You agree to indemnify, defend and hold us and our agents, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms and Conditions, your use of the Orthofix ABS and/or the unauthorized use of any personal information or data uploaded in connection with the Orthofix ABS.
Disclosure
Orthofix ABS, mobile app, website and services are offered by Orthofix Srl, with registered office at Via Vittor Pisani 16, 20124 Milano and secondary office at Via delle Nazioni 9, 37012 Bussolengo, (VR). You may contact us by sending correspondence to the foregoing address or by emailing us at: appsupport@orthofix.it