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Terms of Use ACE Axcel® and Promatix 1000® users who receive service support directly from Alfa Wassermann are entitled to use our Alfa Assist® service. Alfa Assist is a remote screen-sharing service which enables our in-house service representatives and field service engineers to have access to the customer's computer screen. The Alfa Assist service provides an exceptional means of communication and rapid service delivery to our valued customers. Alfa Assist greatly expedites the process of identifying and solving problems affecting the operation of customer's instruments. Alfa Assist gives our service representatives and field service engineers the ability to remotely access a customer's instrument via the Internet, so that they see what the customer is seeing and can get temporary control of the customer's computer to attempt to diagnose problems and assist the customer in performing self-maintenance to correct the problem, if possible. Alfa Assist gives the customer and our service representatives and field service engineers the ability to chat in real-time chat and send and receive files. This accelerates the diagnosis and resolution of problems. The customer initiates each Alfa Assist session. We have no ability to access a customer's instrument unless the customer allows it. While Alfa Assist enables us to take control of a customer's screen, mouse and keyboard, access is fully controlled by the customer at all times. Throughout the entire session, the customer is able to watch and actively participate with us in the diagnostic process. Customers can terminate the Alfa Assist session at any time by clicking the designated icon on the computer monitor. One a session is over, our ability to access the customer's computer terminates. A thin applet containing enabling software, which is active only for one session only, is automatically delivered by Alfa Assist each time a session is initiated. In some cases, the applet may not become activated, in which case the customer will see a prompt to download the necessary software to enable the session. As each connection is unique, once a session is completed, the applet or downloaded software is automatically and permanently disabled. Connectivity Requirements Our Remote Screen Sharing service enabled by Alfa Assist is entirely web-based. This eliminates the need for any dial-up or remote desktop connections. All that is required from the customer's side is an Ethernet or wireless access to the Internet that meets the following standards:
Security Alfa Assist has been designed to be secure, reliable and easy to use. However, we cannot guarantee the security of communications through Alfa Assist. The computer system and telecommunication connections through which the service will be provided, like any computer system and telecommunications network, is susceptible to hacker attacks and security breaches. We disclaim any and all liability for any loss or theft of data or any other damages resulting from security breaches or other hacker attacks. By its use of the Alfa Assist service, each customer acknowledges and accepts the risks inherent in the use of the service. HIPAA During the course of providing the Remote Screen Sharing service via Alfa Assist for our clinical chemistry customers, our personnel may obtain access to information stored on a customer's instrument that constitutes protected health information (PHI) under the Health Information Portability and Accountability Act of 1996 (HIPAA). If that situation occurs, we will promptly advise the customer of the incident so that it can fulfill its obligations under HIPAA and other applicable laws and regulations governing confidential patient data. Any such information accessed by our personnel will be used for the sole purpose of attempting to diagnose and correct the problems that the customer is experiencing with their instrument. We will not disclose any such information to third parties or retain any such information other than in de-identified form for archival purposes and as required in order for us to comply with applicable laws and regulations regarding maintaining records of service-related activities. We fully comply with HIPAA and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Service Interruptions As a service provided through the Internet, Alfa Assist is subject to periodic service interruptions for reasons beyond our control. While we endeavor to have Alfa Assist available on a 24 x 7 x 365 basis, no guaranty regarding availability of the service can be provided. We assume no liability whatsoever if Alfa Assist is not available for any reason. The Alfa Assist service is subject to interruption due to, among other things, routine and emergency maintenance, technical operating difficulties, the operation and availability of the communications systems that we use to access customers' instruments, and the operation and availability of customers' computer systems and telecommunication connections, including public telephone systems, computer networks and the Internet. Without limiting the generality of the foregoing, we assume no responsibility for any loss of data, errors, communication failures or service interruptions. If the Alfa Assist service is unavailable or interrupted, customers are directed to contact our service department by phone to obtain service. The Alfa Assist service is provided "as is" and without warranties of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. We provide no guaranty that we will be able to diagnose problems affecting customer's instruments through the Alfa Assist service, or that it will be able to resolve any problems affecting customer's instruments. We provide no guaranty that the Alfa Assist service will operate free of viruses, trojan horses, malicious software or other harmful components. To the maximum extent permitted by law, under no circumstances and under no legal theory whether in tort, contract, or otherwise, shall we be liable to customers or any other person for any damages that result in any way from a customer's use of or inability to use Alfa Assist, the services provided by us, or any interruption of the service, or any damages resulting from a customer's inability to use their instrument, including but not limited to direct, indirect, special, incidental, consequential or punitive damages (including without limitation any loss of or corruption to data, business interruption or pecuniary loss), even if we have been informed of the possibility of such damages. Some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusions and limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. Intellectual Property Rights All copyrights and other intellectual property rights in the Alfa Assist service are retained by Alfa Wassermann. A customer's use of the Alfa Assist service does not in any way transfer any of such rights to the customer. Acceptance of Terms By initiating an Alfa Assist session, a customer will be deemed to have acknowledged and agreed to be bound by these Terms of Use. If a customer does not understand these Terms of Use or if a customer disagrees with these Terms of Use, they should not initiate an Alfa Assist session, and should instead call our service department to obtain service. General If any provision of these Terms of Use is invalid, illegal or unenforceable under applicable law, such invalid, unenforceable or illegal provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect. We reserve the right to amend or supplement these Terms of Use at any time. These Terms of Use will be governed and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws provisions. No course of dealing, delay in acting or failure to take any action shall constitute a modification of these Terms of Use or constitute a waiver of any rights arising under these Terms of Use. No supplemental agreement, whether in writing or oral, purporting to supplement or modify these Terms of Use will be binding on Alfa Wassermann unless specifically approved in writing and signed by one of our authorized officers. Trademark Notice ALFA ASSIST, ACE AXCEL, and PROMATIX 1000 are registered trademarks of Alfa Wassermann, Inc. |