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PLANNING, DESIGN & CONSTRUCTION WEBSITE TERMS OF USE

This Planning, Design & Construction system is the property of Stryker Corporation. You are permitted to use the system to access and download REVIT files of specific Stryker products only (hereafter “Authorized Purpose”), and may only use the system in accordance with the following terms of use. (Please note that REVIT files contained herein are for preliminary planning purposes only, and that detailed level planning requires the use of Stryker room drawings.)

If you do not agree to abide by the Terms of Use, do not use this web site in any manner including but not limited to downloading any information or material.

These terms of use impose conditions on your access to this site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Stryker or its affiliates for other products or services.

Copyrights and Trademarks

The contents of Stryker’s web sites are protected by worldwide copyright, trademark, and other intellectual property laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Stryker is prohibited except in accordance with the following terms. Individual documents on a Stryker web site may be subject to additional terms indicated in those documents.

The trademarks, service marks, trade names, trade dress and products contained in Stryker’s web sites are protected in the United States and internationally. “STRYKER” is a registered trademark of Stryker Corporation. Other product and company names mentioned in Stryker’s web site may be trademarks or trade names of their respective owners. Your access to Stryker’s web site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on Stryker’s web site without the prior written consent of an authorized Stryker representative or the third-party owner thereof except.

Software

Any software including any files, images generated by the software, code, source and destination, and data accompanying the software (collectively, "Software"), used or accessible by means of the Stryker web site may be used by you solely for accessing and using Stryker’s web site for the Authorized Purpose and according to the conditions expressly stated herein. Stryker retains full and complete title to and all intellectual property rights in the Software. You agree to neither copy, distribute, sell, modify or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.

User Representations

In using the Stryker web site, you agree: (a) not to disrupt or interfere with the security of the Stryker web site, or any services, system resources, accounts, servers or networks connected to or accessible through the Stryker web site or affiliated or linked web sites; (b) not to disrupt or interfere with any other user's use of the Stryker web site or affiliated or linked web sites; (c) not to upload, post, or otherwise transmit through or on any Stryker web site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another's account, service or system without authorization from Stryker, share passwords, or create or use a false identity on a Stryker web site; (e) not to transmit through or on a Stryker web site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge any confidential Stryker information; (g) not to attempt to obtain unauthorized access to the Stryker web site or portions of the Stryker web site which are restricted from general access; and, (h) not use a Stryker web site to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.

You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

Stryker reserves the right to change or modify any of the terms and conditions contained in the Site Terms at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. 

Indemnity

You agree to indemnify and hold harmless Stryker, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of the content, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the site or content provided on or through the site, or your violation or infringement of any third party rights.

Warranty

Stryker makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on any Stryker web site which are provided on "as is" and "as available" basis.

To the fullest extent permissible pursuant to applicable law, Stryker and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of a Stryker web site, including all content, data or software distributed by, downloaded or accessed from or through a Stryker web site is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that Stryker does not control in any respect any information, products or services offered by third-parties through any web site including a Stryker web site. Except as otherwise agreed in writing, Stryker and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or Stryker web sites.

Stryker does not make any warranty that its web sites or its content will meet your requirements, or that a Stryker web site or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does Stryker make any warranty as to the results that may be obtained from use of a Stryker web site or its content or as to the accuracy, completeness or reliability of any information obtained through use of any Stryker web site.

Stryker assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Stryker, its affiliates, its licensors, or a user's own errors and/or omissions.

No advice or information, whether oral or written, obtained by you from Stryker or third-parties through any Stryker web site shall create any warranty. 

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL STRYKER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE STRYKER WEB SITE OR ANY CONTENT CONTAINED ON THE STRYKER WEB SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF STRYKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF STRYKER WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Applicable Law

These Terms of Use shall be governed by the laws of the State of Michigan and claims shall be determined in the state and federal courts of the State of Michigan, U.S.A. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.