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b. The forgoing obligations are subject to (i) the indemnitee promptly notifying the indemnitor in writing of the third party
proceeding or action, (ii) the indemnitee giving the indemnitor full authority and control of the action with counsel of
indemnitor's choice, and (iii) the indemnitee providing the indemnitor information and assistance for defence of such claim.
QIAGEN has the right to (i) suspend your access to the Software at any time based on the status of your account under the
Ordering Document, or (ii) terminate this Agreement at any time if the terms of this Agreement are breached by User and
such breaching party fails to remedy such breach within ten (10) days after written notice thereof. User understands that if
their account is suspended or terminated, User may no longer have access to the content that is stored within the Software.
Upon termination, User must cease all use of Licensed Materials and must destroy all copies of the Licensed Materials in
User possession or control. Except as otherwise expressly provided herein, the rights and obligations of QIAGEN and User
in Sections 1 (Definitions), 3 (User Restrictions, Obligations and Limitations), 4 (Payment), 5 (Intellectual Property), 7
(Confidentiality), 8 (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 11 (Term and Termination), and
12 (General) shall survive termination or expiration of this Agreement. Nothing contained herein shall limit any other
remedies that either party may have for the default of the other party under this Agreement nor relieve the other party of
any of its obligations incurred prior to such termination.
a. HIPAA. To the extent that a Party shall send or receive PHI within the United States, such Party shall comply with the
requirements of the Health Insurance Portability and Accountability Act of 1996, P. L. 104-191 (the "Act"), the privacy
standards set forth in 45 C.F.R. parts 160 and 164 (the "Privacy Rule"), the security standards set forth in 45 C.F.R.
parts 160, 162, and 164 (the "Security Rule"), and the Health Information Technology for Economic Clinical Health
Act, Title XIII of Division A and Title IV of Division D of Pub. L. 111-5 ("HITECH") and all of the rules and regulations
implemented thereunder. The Act, the Privacy Rule, the Security Rule, and HITECH are collectively referred to as "HIPAA".
b. To the extent Personal Data (as defined in the applicable data protection laws) from the European Economic Area
(EEA), the United Kingdom and Switzerland are processed by QIAGEN, the EU-US and/or Swiss-US Privacy Shield
and/or the Standard Contractual Clauses shall apply. For the purposes of the Standard Contractual Clauses, Customer
and its applicable Affiliates are each the data exporter, and Customer's acceptance of this Agreement shall be treated
as its execution of the Standard Contractual Clauses and Appendices. To the extent that the California Consumer
Privacy Act ("CCPA") is applicable to either Party, such Party agrees to comply with all of its obligations under the
CCPA, including but not limited to:
i. Not to sell the Personal Data;
ii. Retain, use or disclose the Personal Data for any purpose other than for the specific purpose of performing the
services;
iii. Retain, use or disclose the Personal Data for a commercial purpose other than providing the services; and
iv. Retain, use or disclose the information outside of the direct business relationship between the Parties
a. Language. This Agreement, any disputes hereunder, and all services to be provided hereunder by QIAGEN to User (if
any) shall be conducted and provided in the English language. Any translated version of this Agreement shall be only
for convenience and filing with the appropriate government agency, if required, and not for interpretation of this
Agreement.
Manuel d'utilisation du système QIAcuityDx | 07/2024
11. Termination
12. HIPAA / GDPR
13. General
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