Software License Agreement – End User Licensing Agreement

DÜRR DENTAL VistaEasy View Software


Software License Agreement - End User Licensing Agreement (EULA)

between DÜRR DENTAL AG, Höpfigheimer Str. 17, D - 74321 Bietigheim-Bissingen

and you as the User

§1 Object of the agreement

(1) The object of the agreement is the Duerr Dental VistaEasy View software, including all pertaining program components ("Software").

(2) Duerr Dental AG grants the User the right to use the legally acquired Software for the term of this agreement and according to the following provisions. The Software is protected by copyright (§§ 69 a ff UrhG [German Copyright Protection Act]).

(3) The articles 5 and 6 (Warranty and Liability) do not apply if the User acquires the Software, not from Duerr Dental AG directly, but via a dealer for dental supplies, for example. In such a case, warranty and liability claims of the User can be asserted only vis-à-vis the direct seller.

(4) Legal claims against DÜRR DENTAL AG based on the product liability law remain, if substantiated, in force to the full extent and are not the subject of this contract.

(5) The Software is maintained by DÜRR DENTAL AG through updates and upgrades (advancements and functional extensions) and provided with new specifications. The provisions of this agreement also apply to future updates and upgrades.

§2 Applicability of the agreement

This agreement becomes applicable

a) if, in the case of the acquisition of this Software on a data carrier, the User accepts provisions of this agreement by confirming with a click on the "Accept" button during the installation of the Software, or

b) if, in the case of an acquisition of the object of this agreement as a downloadable product (web version) the provisions of this contract have been confirmed by the User with the User clicking on the "Accept" button before starting the download.

§3 Rights of duplication and access, recompilation and program modifications

(1) The User may duplicate the program supplied to the extent that the respective duplication is necessary to use the program. Necessary duplications include the installation of the program from the original data carrier on the hard drive of the hardware used as well as loading the program into the main memory.

(2) The User is entitled to duplicate the Software in the context of the surgery network used by the User insofar as the User has purchased licenses for the respective individual workstations.

(3) The User is permitted to make a duplication of the Software for backup purposes. However, he may create and store only one single backup copy at a time. The backup copy is to be marked as such.

(4) The User may not make duplications beyond those duplications mentioned above, also including the output of the program code on a printer.

(5) Copyright notices, serial numbers and other features used for identification of the program must on no account be removed or modified.

(6) Reverse translation of the relinquished program code into other forms of code (recompiling) as well as other types of reverse engineering of the various manufacturing stages of the Software, including any program modification, is inadmissible if the conditions of the § 69 e UrhG are not fulfilled. Copyright notices, serial numbers or other features serving the identification of the program may not be removed or modified in any case.

§4 Resale and subletting

(1) The User may sell or give the Software, including the documentation, to third parties, provided the third party agrees to the continued application of the provisions of this present agreement vis-à-vis himself. Before passing on the Software, the User must make the third party aware of these contractual conditions.

(2) In the case of passing on the Software, the User must hand over all program copies to the third party, including existing backup copies where applicable, or must destroy the copies that are not handed over. The right of the User to use the program is forfeited when the Software has been handed on.

§5 Warranty

(1) Faults in the Software supplied, including the documentation, shall be remedied by Duerr Dental AG within a warranty term of two years starting with the first use of the Software and following written notice from the User. This is done either by repair at no cost or compensation delivery, at the discretion of Duerr Dental AG.

(2) If Duerr Dental AG is not able or willing to perform the repair or compensation delivery, so that the same is delayed beyond a term set by the user, or if it fails altogether, the User has the right to rescind the agreement or to request a price reduction. The failure of the repair can be assumed only if Duerr Dental AG has been given a sufficient chance to remedy without the required success having been achieved, in particular if two attempts at a repair had been made in vain before that. The right of the User to claim damages in accordance with § 437 BGB [German Civil Code] remains unaffected by this.

(3) The user knows that it is generally impossible to create Software products completely free of faults. A fault in the Software in the sense of this agreement shall therefore apply only if faults considerably reduce the value or the fitness of the Software for the contractually agreed use.

(4) The User must be aware that the Software is a complex IT product whose installation, updates/upgrades and adaptation to the individual EDP environment of the User requires prior knowledge. Installation, updates/upgrades and the configuration of the Software with the IT environment of the User should therefore be performed only by skilled and qualified persons, ideally by trained staff of the dental trade and/or the IT industry. Duerr Dental AG declines all liability for faults and damages resulting from improper use of the Software during installation, update/upgrade and in operation. This applies equally to faults and damages which relate to the fact that the hardware and software environment (operating system) deployed by the User do not correspond to the minimum requirements specified in each case by DÜRR DENTAL AG for the Software.

§6 Liability

(1) The claims of the User for compensation or indemnification of fruitless expenses must comply with this provision regardless of the legal nature of the claim. Warranty pursuant to the Product Liability Act shall remain unaffected.

(2) DÜRR DENTAL AG is liable without limitation for damages resulting from injury to life, the body or health.

(3) DÜRR DENTAL AG is liable without limitation for any damages resulting from deliberate or gross negligence. DÜRR DENTAL AG is only liable for damages resulting from minor negligence where an obligation is infringed whose observance is of special importance for fulfilment of the contractual purpose (substantial contract obligation). Such a contractual obligation is always present if the obligation of correct implementation of the contract is to be made possible at all or the User may rely routinely on the observance of this liability. In the case of any infringement of a contractual obligation, the liability of DÜRR DENTAL AG is limited to damage whose occurrence can be typically expected in the course of Software relinquishment or during maintenance and service work (Article 9).

(4) The liability for data loss is limited to the typical recovery cost that would be incurred if regular backup copies had been produced according to the applicable risks.

(5) Paragraphs 1 to 4 apply accordingly to the personal liabilities of employees, co-workers, representatives and vicarious agents of DÜRR DENTAL AG.

§7 Retention of title

Duerr Dental AG retains the property in the Software until the complete payment of the obligations from the contractual relationship with the User.

§8 Duration of the contract

(1) The contract runs for an indeterminate time.

(2) The right of the User to use the Software and the documentation is rescinded if the User infringes the terms of use stipulated in this contract in any shape or form, and in particular if he contravenes the provisions of use and resale of Articles 3 and 4 and DÜRR DENTAL AG terminates this contact for due cause. In such a case, the user undertakes to return all data carriers and copies of the data carriers and to delete all copies of the software.

§9 Maintenance and service work of Dürr Dental, in particular remote maintenance

If Duerr Dental AG performs maintenance and/or service work regarding the software installed on the operator's hardware (in the following referred to as "work") upon the request of the operator, then the following regulations shall apply with regard to such work:

(1) ) The prices for such work shall be based on the respectively current price list of Duerr Dental AG. Invoices from DÜRR DENTAL AG are due for payment within two weeks at the latest of the invoice date. Warranty work of DÜRR DENTAL AG is not subject to reimbursement in accordance with Article 5.

(2) Liability of Duerr Dental AG regarding the work shall be based on Article 6

(3) The operator shall be obliged to perform a data backup of Duerr Dental AG before starting work, so that complete recovery of the operator's data is possible within a reasonable period of time.

(4) If the work is carried out over a data communication system without physical contact to the hardware of the User ("Remote maintenance" in the following), the User bears responsibility for the installation of the remote maintenance software of the third-party manufacturer on its hardware, in particular responsibility for adherence to the licensing regulations of the remote maintenance software. Furthermore, the User bears responsibility for the requisite linking of his hardware and software to the data communication system. DÜRR DENTAL AG accepts no liability for damages resulting from faults of the data transmission system or from unauthorised accesses of third-parties to the hardware and software of the User that are beyond its control.

§10 Final provisions

(1) Modifications, amendments and specifications of these contractual provisions as well as warranties and guaranties require the written form to be valid. The same applies for the abolition of this written form requirement.

(2) If one or several provisions of this agreement become invalid or unenforceable, this does not affect the validity of the remaining provisions.

(3) The invalid or unenforceable provision shall be replaced by a provision that comes closest to the intended effect of the invalid or unenforceable provision.

(4) With regard to the contractual relationship with the User, German law is applied, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(5) The place of jurisdiction for any disputes arising from the contractual relationship with the User is - provided the User is a trader - the place of jurisdiction of DÜRR DENTAL AG or the place of jurisdiction of the User, according to the discretion of DÜRR DENTAL AG.

DÜRR DENTAL DBSWIN Software


Software License Agreement – End User Licensing Agreement (EULA)

between Dürr Dental AG, Höpfigheimer Str. 17, D - 74321 Bietigheim-Bissingen

and you as the User

§1 Object of the agreement

(1) The object of the agreement includes the Duerr Dental DBSWIN Software, Drivers and Interfaces with all associated program components ("Software").

(2) Duerr Dental AG grants the User the right to use the legally acquired Software for the term of this agreement and according to the following provisions. The Software is protected by copyright (§§ 69 a ff UrhG [German Copyright Protection Act]).

(3) The articles 5 and 6 (Warranty and Liability) do not apply if the User acquires the Software, not from Duerr Dental AG directly, but via a dealer for dental supplies, for example. In such a case, warranty and liability claims of the User can be asserted only vis-à-vis the direct seller.

(4) Legal claims against DÜRR DENTAL AG based on the product liability law remain, if substantiated, in force to the full extent and are not the subject of this contract.

(5) The Software is maintained by DÜRR DENTAL AG by updates and upgrades (advancements and functional extensions) and provided with new specifications. The provisions of this agreement also apply to future updates and upgrades.

§2 Applicability of the agreement

This agreement becomes applicable

a) if, in the case of the acquisition of this Software on a data carrier, the User accepts provisions of this agreement by confirming with a click on the "Accept" button during the installation of the Software, or

b) if, in the case of an acquisition of the object of this agreement as a downloadable product (web version), the provisions of this contract have been confirmed by the User with the User clicking on the "Accept" button before starting the download.

§3 Rights of duplication and access, recompilation and program modifications

(1) The User may duplicate the program supplied to the extent that the respective duplication is necessary to use the program. Necessary duplications include the installation of the program from the original data carrier on the hard drive of the hardware used, as well as loading the program into the main memory.

(2) The User has the right to duplicate the software in the frame of the surgery network used by the User insofar as the User has acquired licenses (such as DICOM) for the individual workstations.

(3) The User is permitted to make a duplication of the Software for backup purposes. However, he may create and store only one single backup copy at a time. The backup copy is to be marked as such.

(4) The User may not make duplications beyond those duplications mentioned above, also including the output of the program code on a printer.

(5) Copyright notices, serial numbers and other features used for identification of the program must on no account be removed or modified.

(6) Reverse translation of the relinquished program code into other forms of code (recompiling) as well as other types of reverse engineering of the various manufacturing stages of the Software, including any program modification, is inadmissible if the conditions of the § 69 e UrhG are not fulfilled. Copyright notices, serial numbers or other features serving the identification of the program may not be removed or modified in any case.

§4 Resale and subletting

(1) The User may sell or give the Software, including the documentation, to third parties, provided the third party agrees to the continued application of the provisions of this present agreement vis-à-vis himself. Before passing on the Software, the User must make the third party aware of these contractual conditions.

(2) In the case of passing on the Software, the User must hand over all program copies to the third party, including existing backup copies where applicable, or must destroy the copies that are not handed over. The right of the User to use the program is forfeited when the Software has been handed on.

§5 Warranty

(1) Faults in the Software supplied, including the documentation, shall be remedied by Duerr Dental AG within a warranty term of two years starting with the first use of the Software and following written notice from the User. This is done either by repair at no cost or compensation delivery, at the discretion of Duerr Dental AG.

(2) If Duerr Dental AG is not able or willing to perform the repair or compensation delivery, so that the same is delayed beyond a term set by the user, or if it fails altogether, the User has the right to rescind the agreement or to request a price reduction. The failure of the repair can be assumed only if Duerr Dental AG has been given a sufficient chance to remedy without the required success having been achieved, in particular if two attempts at a repair had been made in vain before that. The right of the User to claim damages in accordance with § 437 BGB [German Civil Code] remains unaffected.

(3) The User must be aware that it is generally impossible to create software products that are completely free of faults. A fault in the Software in the sense of this agreement shall therefore apply only if faults considerably reduce the value or the fitness of the Software for the contractually agreed use.

(4) The User must be aware that the Software is a complex IT product whose installation, updates/upgrades and adaptation to the individual EDP environment of the User requires prior knowledge. Installation, updates/upgrades and the configuration of the Software with the IT environment of the User should therefore be performed only by skilled and qualified persons, ideally by trained staff of the dental trade and/or the IT industry. Duerr Dental AG declines all liability for faults and damages resulting from improper use of the Software during installation, update/upgrade and in operation. This applies equally to faults and damages which relate to the fact that the hardware and software environment (operating system) deployed by the User do not correspond to the minimum requirements specified in each case by DÜRR DENTAL AG for the Software.

§6 Liability

(1) The claims of the User for compensation or indemnification of fruitless expenses must comply with this provision regardless of the legal nature of the claim. Warranty pursuant to the Product Liability Act remains unaffected.

(2) DÜRR DENTAL AG is liable without limitation for damages resulting from injury to life, the body or health.

(3) DÜRR DENTAL AG is liable without restriction for any damages resulting from deliberate or gross negligence. DÜRR DENTAL AG is only liable for damages resulting from minor negligence where an obligation is infringed whose observance is of special importance for fulfilment of the contractual purpose (substantial contract obligation). Such a contractual obligation is always present if the obligation of correct implementation of the contract is to be made possible at all or the User may rely routinely on the observance of this liability. In the case of any infringement of a contractual obligation, the liability of DÜRR DENTAL AG is limited to damage whose occurrence can be typically expected in the course of Software relinquishment or during maintenance and service work (Article 9).

(4) The liability for data loss is limited to the typical recovery cost that would be incurred if regular backup copies had been produced according to the applicable risks.

(5) Paragraphs 1 to 4 apply accordingly to the personal liabilities of employees, co-workers, representatives and vicarious agents of DÜRR DENTAL AG.

§7 Retention of title

Duerr Dental AG retains the property in the Software until the complete payment of the obligations from the contractual relationship with the User.

§8 Duration of the contract

(1) The contract runs for an indeterminate time.

(2) The right of the User to use the Software and the documentation is rescinded if the User infringes the terms of use stipulated in this contract in any shape or form, and in particular if he contravenes the provisions of use and resale of Articles 3 and 4 and DÜRR DENTAL AG terminates this contact for due cause. In such a case, the User undertakes to return all data carriers and copies of the data carriers and to delete all copies of the Software.

§9 Demo versions

(1) Duerr Dental AG offers the User the possibility to use versions of the Software whose use is restricted ("Demo Versions") free of charge to test the Software. The User may change from the Demo Version of the Software to the full version by activating the full version with the registration. Activation will incur the standard costs for the acquisition of the Software from Duerr Dental AG or the respective seller.

(2) Duerr Dental AG assumes no liability for demo versions. Liability of Duerr Dental AG for the use of demo versions with the User is restricted to the claims defined in Art. 6, par. 2 and 3. Any further liability on the part of Duerr Dental AG is hereby excluded.

§10 Maintenance and service work of Dürr Dental, in particular remote maintenance

If Duerr Dental AG performs maintenance and/or service work regarding the software installed on the operator's hardware (in the following referred to as "work") upon the request of the operator , then the following regulations shall apply with regard to such work:

(1) The prices for such work shall be based on the respectively current price list of Duerr Dental AG. Invoices from DÜRR DENTAL AG are due for payment within two weeks at the latest of the invoice date. Warranty work of DÜRR DENTAL AG is not subject to reimbursement in accordance with Article 5.

(2) Liability of Duerr Dental AG regarding the work shall be based on Article 6

(3) The operator shall be obliged to perform a data backup of Duerr Dental AG before starting work, so that complete recovery of the operator's data is possible within a reasonable period of time.

(4) If the work is carried out over a data communication system without physical contact to the hardware of the User ("Remote maintenance" in the following), the User bears responsibility for the installation of the remote maintenance software of the third-party manufacturer on its hardware, in particular responsibility for adherence to the licensing regulations of the remote maintenance software. Furthermore, the User bears responsibility for the requisite linking of his hardware and software to the data communication system. DÜRR DENTAL AG accepts no liability for damages resulting from faults of the data transmission system or from unauthorised accesses of third-parties to the hardware and software of the User that are beyond its control.

§11 Final provisions

(1) Modifications, amendments and specifications of these contractual provisions as well as warranties and guaranties require the written form to be valid. The same applies for the abolition of this written form requirement.

(2) If one or several provisions of this agreement become invalid or unenforceable, this does not affect the validity of the remaining provisions.

(3) The invalid or unenforceable provision shall be replaced by a provision that comes closest to the intended effect of the invalid or unenforceable provision.

(4) With regard to the contractual relationship with the User, German law is applied, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

(5) The place of jurisdiction for any disputes arising from the contractual relationship with the User is - provided the User is a trader - the place of jurisdiction of DÜRR DENTAL AG or the place of jurisdiction of the User, according to the discretion of DÜRR DENTAL AG.