Varian Assist Application Terms of Use

Last Modified: March 1, 2023

This Varian application (the “App”) is offered and operated by Varian Medical Systems, Inc., a Siemens Healthineers company and a Delaware corporation, having its principal place of business located at 3100 Hansen Way, Palo Alto, CA 94304-1038 (together with its affiliates, “Varian”). The App is a platform for user assistance, training, and service information in connection with Varian products that have been purchased or otherwise contracted for under a separate agreement (the “Agreement”) by a Varian customer (the “Customer”) that has authorized your access to the App.

You may only access the App for informational purposes.

By accessing and using the App, you acknowledge and agree to adhere to these Terms of Use (as amended from time to time), and you consent that our Privacy Statement, will apply to your information. Please read the entire Terms of Use and the Privacy Statement before using the App or submitting information to it. If you do not agree to the Terms of Use or the Privacy Statement, you MUST immediately stop using the App and uninstall it from your mobile device.

Varian’s products and services are diverse, and you may therefore be subject to additional terms, policies, or product or service requirements that may apply when you access particular areas of the App or follow links that may take you to another Varian site.

Definitions.

For purposes of these Terms of Use,

  • “Clinical Data” means all clinical data and/or information relating to a patient, including without limitation patient history, diagnosis, diagnostic indicators (cancer specific), encounters, treatment, assessments, supportive care, laboratory tests, operations, and/or physician, including any such data received by Varian in connection with your use of the App.
  • “Customer Data” means any business information, Clinical Data, User Information, or other data of any type which is provided or made available by you to Varian or otherwise accessible by Varian in connection with your use of the App.
  • “De-identified Data” means Customer Data that is without Identifiers or Personal Information, however provided and designated, marked, or labelled.
  • “Identifiers” means data that identifies or which there is a reasonable basis to believe could be used to identify a specific patient, including any ‘identifier’ as such term is defined by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and any regulations promulgated thereunder, including without limitation the HIPAA Privacy Rule, and/or (ii) any international, national, or state laws similar to the foregoing.
  • “Personal Information” means any information relating to an identified or identifiable individual that is sufficient to identify such person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural, or social identity.
  • “Protected Health Information” means any data relating to a patient, a patient’s healthcare, or the payment for that healthcare that is created, received, stored, or transmitted by Varian.
  • “User Information” means your Personal Information that you provide directly or indirectly to the App, including, without limitation, user names, passwords, proper names, email address, address, location, mobile device information and identifiers, GPS location information, and information for and from third-party social-media accounts.

Modifications to These Terms of Use.

Varian reserves the right to modify these Terms of Use at any time and for any reason. We suggest that you periodically review these Terms of Use.

Acceptable Use.

The App and the information on it are not intended, and should not be used (including as a database or other source of information for such purposes), for:

  • the direct observation of patients;
  • the diagnosis of disease or other conditions in humans or animals;
  • the provision of medical advice, clinical decision-making, or the curing, mitigation, therapy, treatment, treatment planning, or prevention of disease or other conditions in humans or animals; or
  • compensation for injuries or handicaps, the investigation, replacement, or modification of the anatomy or of a physiological process, or the control of conception, in humans or animals.

Any information available through the App should not be treated as a substitute for independent verification and validation by a physician or other professional.

Without prejudice to the foregoing, in using the App you agree not to: (a) infringe on Varian’s or third-party intellectual property rights, (b) do anything unlawful, misleading, malicious, or discriminatory, (c) disable, overburden, or impair the proper working or appearance of the App, such as a denial of service attack or interference with page rendering or other functionality, or otherwise impose an unreasonable or disproportionately large load on our network or infrastructure, (d) access parts of the App which you are not authorized to access, or attempt to circumvent any restrictions imposed on your use or access of the App; (e) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App or otherwise provided to you by or on behalf of Varian; (f) take any action that violates or threatens our system or network security; (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the App; or (h) facilitate or encourage any violations of these Terms of Use or our policies.

Access to and use of the App is at your own risk and is subject to these Terms of Use and all applicable laws, statutes, and/or regulations. Varian reserves the right to remove your access to the App without notice at any time and for any reason, or for no reason.

Content Restrictions: Blocking & Removing Content.

Varian reserves the right (but has no obligation) to monitor your use of the App, including through monitoring software, and to block, remove, or edit any Customer Data that Varian determines, in its sole discretion, is inappropriate or may result in liability or harm to Varian or third parties, including in connection with: (1) compliance with the Privacy Statement, these Terms of Use, and other terms that may apply; (2) privacy and protecting patient information; (3) information that could result in claims against Varian (such as product liability lawsuits); (4) compliance with law; and (5) any similar issues. Our decisions are final.

Access to Third-Party Links.

To the extent that the App contains links to other third-party Internet sites, Varian has no knowledge or control of the information contained in such other sites, nor has Varian ensured the accuracy of information presented at such other sites. Accordingly, Varian assumes no responsibility whatsoever for information presented at such sites, or on sites linking to the App. You should assume that information that is on a third party’s site is not Varian’s information, and is not subject to the custody or control of Varian, and therefore Varian is not responsible for content or the privacy practices of such sites. You are encouraged to review the terms and conditions and privacy policies of such third-party sites.

Privacy and Confidentiality.

Your privacy and the privacy of third parties (including patients) are very important to Varian. We designed our Privacy Statement to make important disclosures about how you can use the App, what it is that you consent to when doing so, and how Varian collects and uses personal information through the App.

Communications, information, and materials submitted by you are not private or confidential and shall not be the subject of, nor protected by, any associated privilege (e.g., attorney-client, doctor-patient, etc.), even though the App may make available certain controls with respect to how information and content is shared.

App features, such as accessing the App itself, viewing events, submitting feedback, account management, and interaction with social media sites, may use, maintain, or transmit User Information. By acknowledging and agreeing to these Terms of Use and/or by using the App, you consent to the transmission of User Information to Varian, including its agents and third-party partners, and consent to Varian, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information to deliver App functionality and for the purposes disclosed in the Privacy Statement.

Copyright.

The App (including, but not limited to, text, photographs, graphics, video, audio content, and computer code) is protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, graphics, video, audio, and other content or elements comprising the App are also copyrighted works. All copyrights in the App are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws. Unless expressly authorized by Varian in writing, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works from, transmitting, or in any way exploiting any part of the App, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only. To obtain written consent to use a copyrighted work, please contact: General Counsel, Varian Medical Systems, Inc., a Siemens Healthineers company, 3100 Hansen Way, Palo Alto, CA 94304.

Just as Varian requires you to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us by mail to General Counsel, Varian Medical Systems, Inc., a Siemens Healthineers company, 3100 Hansen Way, Palo Alto, CA 94304. Please provide us with the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address, so that we may contact you if necessary;
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trade and Service Mark Rights.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the App, whether or not appearing in large print or with the trademark symbol, belong exclusively to Varian or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the App confers on you any license or right under any patent or trademark of Varian, its affiliates, or any third party.

Customer Data Rights and Responsibilities.

Varian owns or has been licensed rights to the App and the content (other than Customer Data) displayed on the App. You do not acquire ownership rights to any content, document, or other materials made available to you through the App.

User Responsibilities. You must ensure that all Customer Data, including but not limited to Clinical Data, does not contain or constitute any Identifier or other Personal Information relating to third parties, such as patients. You must follow and comply with applicable local, state, federal, and international law, regulations, and conventions with regard to confidentiality, privacy, and/or data protection, including the use, collection, processing, and retention of Personal Information and Protected Health Information (including without limitation and to the extent applicable HIPAA, the HIPAA Privacy Rule, the Health Information Technology for Economic and Clinical Health (HITECH) Act, and/or any national laws implementing or similar to the EU General Data Protection Regulation (GDPR)). You must, where appropriate, ensure that due notice is given and sufficient consent obtained from all relevant persons or entities, including without limitation patients, to the use and disclosure of Customer Data as envisaged by the functionality of the App, and ensure that the use of the Customer Data as contemplated herein does not and shall not infringe the privacy, publicity, or other rights of any third party or violate any laws.

Feedback.

By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to Varian through suggestion or feedback features of the App or otherwise, you acknowledge, agree, and at all times must ensure that: (a) your Feedback does not contain confidential or proprietary information; (b) Varian is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Varian shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) Varian may have something similar to the Feedback already under consideration or in development; (e) your Feedback automatically becomes the property of Varian without any obligation of Varian to you or the Customer; and (f) you and the Customer are not entitled to any compensation or reimbursement of any kind from Varian under any circumstances.

Use and Storage.

You agree that Varian has no responsibility or liability for the deletion or failure to store any Customer Data, messages, and other communications or other materials maintained or transmitted to or by the App. You acknowledge that Varian reserves the right, for any reason and without further notice, to log off, suspend, terminate, or otherwise restrict or prohibit access to any or all Customer Data or materials.

Registration and Account Security.

You may not use the App unless you are over the age of 18. You must not provide any false Personal Information on the App or create an account for anyone other than yourself without our permission. If you create an account, you are required to keep contact information accurate and up to date and should not share passwords, let anyone else access your account, or do anything else that might jeopardize the security of your account.

Mobile and Other Devices.

You must provide the equipment and Internet connection necessary to access the App at your own expense. We do not guarantee that the App will operate with your mobile device or mobile provider service plan or with any particular device or software. Accessing the App through a mobile device is subject to your carrier’s (or, as applicable, your Internet provider’s) normal rates and fees (e.g., data charges).

About our Software.

In order to use the App, you must download and install the necessary software (e.g., the application), and you acknowledge and agree that this software may automatically download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the App. Varian gives you a personal, revocable, non-assignable, and non-exclusive license to use the software provided to you by Varian as part of your use of the App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the App. This license may be revoked at any time by Varian, without notice and with or without reason.

Service Offerings.

You understand that we may modify, update, or otherwise enhance the App or any part thereof at any time and in doing so incur no obligation to furnish such changes or updates to you pursuant to these Terms of Use (regardless if for free or payment).

Termination.

Varian reserves the right to terminate your access to the App at any time and for any reason, or for no reason, and to do so with or without notice.

No Representations and Warranties by Varian.

Subject to any contrary terms of the Agreement:

  • Varian makes no, and expressly disclaims all, warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement in connection with or relating to your use of the App, and the App is provided AS-IS;
  • Varian does not guarantee that the App will always be safe, secure, or error-free or that the App will function without disruptions, delays, or imperfections;
  • Varian is not responsible or liable for the actions, content, information, communications, or data of third parties and/or users of the App; and
  • Information on the App may contain technical inaccuracies. Varian shall not be held responsible for any action taken that is based on the information presented, submitted, or posted on the App, and all users of the App agree that all access and use of the App, and any and all content presented or posted on the App, is at the user's own risk.

Liability Cap.

Subject to any contrary terms of the Agreement:

  • VARIAN WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APP OR THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; and
  • SUBJECT TO APPLICABLE LAW, VARIAN’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF USE OR THE APP WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

Varian Product Complaints.

The App is not intended and should not be used for purposes of submitting a complaint about any Varian products, software, or services. Product complaints should be sent via email to support@varian.com.

Export Controls.

You acknowledge and agree that the access and use of the App and submission of Customer Data are subject to the export control laws and regulations of the United States and other applicable local law and you agree to comply with such laws and regulations. If you are located in a country embargoed by the United States or are on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List, you must not engage in activities on the App or operate an application or website that interfaces with the App. You may not use the App if you are prohibited from receiving products, services, or software originating from the United States.

General.

Any failure by us to enforce any of these Terms of Use will not be considered a waiver. Any amendment to or waiver of these Terms of Use must be made in writing.

These Terms of Use are governed by the laws of the State of California without regard to California’s conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the state courts in Santa Clara County, California and the federal courts in the United States District Court for the Northern District of California, for purposes of any legal action arising out of or related to the use of the App or these Terms of Use.

Subject to any contrary terms of the Agreement:

  • You must not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent;
  • All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise;
  • These Terms of Use do not confer any third-party beneficiary rights other than upon members of the Varian group;
  • You will comply with all applicable laws when using or accessing the App;
  • We reserve all rights not expressly granted to you; and
  • If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.