FOR CONCLUSION OF AN END USER LICENSE AGREEMENT WITH IMAGE INSTRUMENTS GMBH ("IMAGE INSTRUMENTS") CLICKING THE BUTTON "I AGREE" AT THE END OF THE FOLLOWING TEXT INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE CONDITIONS OF THIS AGREEMENT IS REQUIRED.
Both parties may terminate this End User License Agreement ("Agreement") at any time without giving reasons and report effective upon notice. On termination of that agreement the user has to immediately remove the software and all information provided by IMAGE INSTRUMENTS from all his equipment.
A. IMAGE INSTRUMENTS hereby grants the user a nonexclusive, limited license to use the software according to the terms and conditions of this agreement.
B. The software may only be used by the user's employees, students or partners and/or physicians who have privileges at the user's facility, who are trained or training in the fields the software is used for ("Authorized Personnel"). However, the software may used for medical diagnoses and treatment planning only by competent healthcare or dental care professionals who rely on their clinical discretion and judgement in diagnosis and treatment. The user declares his sole responsibility for ensuring the responsible and appropriate use of the software in view of all attendant circumstances, indications and contraindications.
C. The software is licensed for the internal use at the user's facilities only. That means the user may not (i) copy, download, upload or in any other way duplicate except for (a) one (1) copy of the software on the hard drive of the authorized hardware and/or one (1) copy of the software for backup purposes only, (b) the copy and/or (c) the printout of a limited extend of the information provided by the software for internal use only; (ii) sell, distribute, sublicense or provide access to a third party; (iii) compile or develop further; (iv) use or let use the software for the benefit of third parties including holdings and subsidiaries without the express written consent of IMAGE INSTRUMENTS; (v) de-compile or disassemble any part of the software or (vi) modify remove any proprietary markings or restrictive legends placed on it.
D. Without activation, the Software may only be used for test purposes but never commercially. Without activation, the intended use of the medical device is not applicable.
E. Any commercial use of the software is only allowed in its most up-to-date version. The end user is responsible for the installation of the most up-to-date version immediately after the availability of such update is displayed or published. For any outdated version, the intended use of the medical device is not applicable.
3. Property Rights/Confidentiality.
A. The user regards the software as a whole and any parts of it as confidential information ("Confidential Information"). The user may not, nor permit others to, provide, disclose or otherwise make such Confidential Information available to, or accessible by, any person other than Authorized Personnel.
B The user shall take appropriate security precautions to effect his obligations acc. to section 3(A). The software, the copyrights thereupon and the trademarks utilized in connection therewith are and shall remain the sole property of IMAGE INSTRUMENTS.
4. Language Versions.
Printed manual and online help are provided in German and English only.
A. IMAGE INSTRUMENTS warrants that the information contained in the software has been obtained from what it believes are reliable sources. However, except as stated above in this agreement the software is provided "AS IT IS" and NO ASSURANCE OR WARRANTY; EXPRESS OR IMPLIED; IS MADE REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION; ANY WARRANTIES FOR APPLICABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE THAT THE SOFTWARE WILL PERFORM WITHOUT INTERRUPTION OR FREE FROM ERRORS.
B. In no event IMAGE INSTRUMENTS or any distributor of IMAGE INSTRUMENTS is liable for any direct, indirect, incidental, special or consequential damages arising from or caused by the use of, reliance on or inability to access and use any information contained in the software, even if the user has been previously advised of the possibility of such damages or losses.
6. Third Party Rights.
The end user may only use the functions provided by the software for purposes which do not infringe on any patent rights, property rights, licensing rights or other rights applicable to the country concerned. The examination and compliance with the legal situation applicable to the respective country is the responsibility of the end user.
Not withstanding the expiration or termination of this Agreement for any reason whatsoever, the provisions of sections 3 and 5 shall survive and bind the parties indefinitely.