Disclaimer


Disclaimed Liability
Ambu SmartMan shall not be liable for any damages or injury arising out of your access to, or inability to access, this site or from your reliance on any information provided herein. Ambu SmartMan disclaims any and all liability for direct, indirect, incidental, consequential, punitive, and special or other damages, lost opportunities, lost profit or any other loss or damages of any kind. This limitation includes damages or any viruses, which may affect your computer equipment.

Any links to other Internet sites are provided as a convenience. Ambu SmartMan has no responsibility or control over the content or operation of such sites and shall not be liable for any damages or injuries arising from that content or its operation.

Ambu SmartMan reserves its right to alter, modify, substitute or delete any content of or may restrict access to or discontinue distribution on this site at any time and at its sole discretion.

Copyright
The content of this web site is the property of V4EMS Inc and is protected by copyright laws. The trademarks, service marks, trade names, logos and products displayed on this site are protected worldwide, and no use of any of these may be made without prior written permission of V4EMS Inc and Ambu S/A.

Non-Commercial Use
However, it is allowed to download material displayed on this web site for non-commercial use and personal use if copyrights, trademarks and other proprietary are respected. Ambu SmartMan accepts that any Ambu SmartMan trademark may be used or referred to in a non-commercial manner when Ambu’s products or elements are shown or discussed.

 Software Terms and Conditions

Ambu SmartMan Software Terms and Condition of Use.

The Ambu SmartMan and Ambu Airway SmartMan Software is provided subject to the End User License Agreement.

Also the following terms and conditions apply to the software.

1. Software Expiration
All software is issued subject to expiry 12 months from date of purchase. The next version can be downloaded upon expiry and is then active for the next 12 months.

Software includes free updates for one (1) year from first activation.

2. Registrations
In order to use the activity test feature a user must be registered using a valid Key Code. The key code must be obtained from V4EMS Inc.

Upon registration, one “user is subtracted from the total number of users purchased”. When the total number of users reaches zero, no more registrations can be performed. Additional registrations can be purchased from V4EMS.

The total number of registrations purchased shall be valid for 12 months from the first date of activation, regardless of whether all registrations were used or not. Further registrations can be purchased at the prevailing purchase price.

Each Registration provides access to 3 tests for each activity. If the same individual wishes to perform more tests in an expired area, he or she must register again.

3. Data from Activities
Data for each practice or test is stored in the file format associated with that version. SmartMan  endeavors to keep data files formats compatible with previous versions, however we do not guarantee that later data file formats will be compatible with later versions of the software. File structure compatibility is maintained for minor changes indicated by a change in number in the fourth digit. For example a change from v5.3.0.1 to v5.3.0.2 will not contain a file structure change. A change from v5.3 to v5.4 may contain a file structure change.

 Privacy Statement

Privacy and use of questions and comments
Any questions, comments, suggestions or any other communications, including any ideas, inventions, concepts, techniques or know how you may forward to this site or otherwise to V4EMS Inc of Ambu A/S, electronically or by any other means, are on a non-confidential basis and will become the property of V4EMS Inc and Ambu A/S, which these companies without restriction may use in any fashion and for any purposes whatsoever including developing, manufacturing and/or marketing goods or services.

Governing Law
Your access and use of this web site and the contents hereof shall be governed by and interpreted in accordance with the Laws of the United States of America.

The Use of Cookies
This web site uses cookies to improve usability and general user friendliness. Ambu does not collect user information retrieved from these cookies nor is this information distributed for internal or external use.

 EULA End User License Agreement

END USER LICENSE AGREEMENT FOR THE V4EMS SMARTMAN® SOFTWARE (the "Program") OWNED BY V4EMS INC ("V4EMS").

1. License Grant
For each Ambu SmartMan purchased by a customer ("Customer"), V4EMS grants to the Customer the limited non-transferable, non-exclusive right to use one copy of the Program and any associated manuals and other documentation (the "Documentation"). Without prejudice to the generality of the foregoing, Customer may not rent, sell, sublicense or in any other way transfer the Program, whether for free or for consideration, to any third party. The Program may only be used by the Customer's employees and authorized personnel expressly authorized by Customer, and Customer is liable for its employee's or the authorized personnel's (as the case may be) compliance with the terms and conditions of this Agreement.

2. Copyright
The Program and the Documentation is owned by V4EMS and is protected by US copyright law, international copyright treaties and other applicable legislation on intellectual property rights. Customer may make one copy of the Program solely for backup purposes or archival purposes. Customer may not copy the Documentation.

3. Protection of the Program
Customer agrees to take all reasonable steps to protect the Program and the Documentation from unauthorized copying or use. Customer may not copy, except as set forth in Clause 2 of this Agreement, modify, reverse compile, reverse assemble, disassemble, decompile or in any other way reverse engineer the Program, whether to discover the source code or for any other purpose. The structure, configuration and source code of the Program represents and embodies trade secrets belonging to V4EMS. The source code and embodied trade secrets are not part of the rights licensed to Customer under this Agreement, and any modification is strictly prohibited.

4. Disclaimer
Customer shall be responsible for the planning and implementation of necessary control procedures to ensure the reliability of the Program, including the correctness of the results originating from the use of the Program.

The Program and the Documentation are provided "AS IS". V4EMS makes no warranty, representation or promise not expressly set forth in this agreement. V4EMS disclaims and excludes any and all implied warranties for merchantability and fitness for any particular purpose. V4EMS does not warrant that the Program or the Documentation will satisfy Customer's requirements or that the Program and the Documentation are without error or that the operation of the Program will be uninterrupted.

Without prejudice to the generality of the foregoing, V4EMS shall not be liable for any lost profits, lost savings, incidental damage or other economic or consequential damages, even if V4EMS has been advised of the possibility of such damages. V4EMS is not responsible for lost profits or revenue, loss of use of the Program, loss of data, cost of re-creating lost data, the cost of any substitute program, or claims by any third party. Notwithstanding the foregoing provisions of this Clause 4, nothing shall exclude V4EMS’s liability to Customer in respect of any matter which cannot by statute or otherwise be excluded or which would, if so excluded, render any provision of this Agreement invalid.

5. Limited Warranty
Except as expressly set out in this Clause 5, Customer shall have no other rights or remedies in case of the Program being defective or non-conforming, and V4EMS makes no further representations or warranties, expressly or implicitly, with respect to the Program. V4EMS does not warrant any upgrading or support of the program.

V4EMS warrants that the Program will perform substantially in accordance with the Documentation for a period of 12 months from Customer's purchase of the Program. Any warranties on the Program that shall be deemed applicable according to mandatory law shall be limited to one year or the shortest period permitted by applicable law, whichever is greater.

Customer must report all defects, and return the Program to the location where Customer obtained it with a copy of Customer's receipt within such period to be eligible for warranty service. If the Program shall be found to be defective or non-conforming, V4EMS will, at its option and cost, either correct any errors, replace the Program or return the price paid.

If the magnetic media or digital media of the Documentation are damaged or physically defective at the time Customer purchases the Program, then V4EMS will either replace the defective materials or refund the Program to Customer upon return of all copies of the Program and the Documentation to V4EMS. In the event of a refund, the right to use the Program shall terminate.

If Customer has made modifications to the Program without the prior written approval of V4EMS, V4EMS shall not be obliged to correct any non-conforming or defective Program as set forth in this Agreement.

6. Termination
If Customer is in material breach of any of the provisions of this Agreement, V4EMS may terminate the right of use granted to Customer hereunder with immediate effect. Customer shall upon termination in accordance with this Clause 6 destroy all copies of the Program and the Documentation, including back-ups, and submit a written certificate of such destruction to V4EMS within two weeks after the date of termination.

7. Disputes
This Agreement and any dispute pertaining to or arising out of the Agreement shall be governed by US Law and any dispute pertaining to or arising out of this Agreement shall be settled by a US Court.