DÜRR DENTAL SE

Software License Agreement – End User Licensing Agreement

Name: DÜRR DENTAL SE
Address: Höpfigheimer Str. 17, Bietigheim-Bissingen, 74321, Germany
Telephone: +49 (0)7142 / 705-0

End User Licensing Agreement

DÜRR DENTAL SE

Software License Agreement - End User Licensing Agreement (EULA)

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

and you as the User

§1 Object of the agreement

(1) The object of this Agreement is the Dürr Dental VistaSoft software, drivers and interfaces with all associated program components, as well as - as far as agreed - additional modules for the VistaSoft software (“Software").

(2) Duerr Dental SE 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 SE 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 SE 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 shall be maintained by DÜRR DENTAL SE at its own discretion by means of updates and upgrades (further developments and expanded features) and provided with new specifications. Updates are generally free of charge for the User. Upgrades are subject to a charge. The User has no right to updates and upgrades. The prices for the upgrades - and in special cases - updates are based on the current DÜRR DENTAL SE price list. 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 within the framework of the surgery network used by the User. Where additional modules for individual workstations are licensed by the operator (e.g. additional DICOM module), the usage and duplication rights of the User are subject to the special agreements for the relevant additional module.

(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.

§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 event that the software is transferred, the User must hand over all copies of the program to the third party, including existing backup copies; alternatively, he is to destroy the copies that he does not hand over (including any VistaSoft database). The right of the User to use the program is ceases when the Software has been passed on.

§5 Warranty

(1) Faults in the Software supplied, including the documentation, shall be remedied by Duerr Dental SE 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 SE.

(2) If Duerr Dental SE 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 SE 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 SE 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 SE 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 SE is liable without limitation for damages resulting from injury to life, the body or health.

(3) DÜRR DENTAL SE is liable without limitation for any damages resulting from deliberate or gross negligence. DÜRR DENTAL SE 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 SE 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 SE.

§7 Retention of title

Duerr Dental SE 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 SE terminates this contact for due cause. In this case, the User is obliged to return all data carriers and copies of the data carriers and to delete all copies of the Software (including any VistaSoft database).

§9 Demo versions

(1) Duerr Dental SE 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 SE or the respective seller.

(2) Duerr Dental SE assumes no liability for demo versions. Liability of Duerr Dental SE 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 SE is hereby excluded.

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

If Duerr Dental SE 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 SE. Invoices from DÜRR DENTAL SE are due for payment within two weeks at the latest of the invoice date. Warranty work of DÜRR DENTAL SE is not subject to reimbursement in accordance with Article 5.

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

(3) The operator shall be obliged to perform a data backup of Duerr Dental SE 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 SE 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 SE or the place of jurisdiction of the User, according to the discretion of DÜRR DENTAL SE.

Software License Agreement – End User Licensing Agreement (EULA)

between Dürr Dental SE, 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").

(4) Legal claims against DÜRR DENTAL SE 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 SE 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

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

(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

(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.

§6 Liability

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

(3) DÜRR DENTAL SE is liable without restriction for any damages resulting from deliberate or gross negligence. DÜRR DENTAL SE 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 SE 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 SE.

§7 Retention of title

Duerr Dental SE 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 SE 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

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

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

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

§11 Final provisions

(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.

Data Privacy Statement

We only process personal data (generally referred to hereinafter as just “data”) where necessary or for the purpose of providing functional and user-friendly software.

According to Article 4(1) of Regulation (EU) 2016/679, known as the General Data Protection Regulation and referred to hereinafter just as “GDPR,” “processing” means any operation or set of operations that is performed in connection with personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, querying, use, disclosure through transmission, dissemination, or other means of making available, alignment or combination, restriction, erasure, or destruction.

This data privacy statement provides you with information in particular about the type, scope, purpose, and duration of personal data processing, along with its legal basis, insofar as the decision about the purpose and means of processing is made by us – either alone or in consultation with other parties. In addition, it also includes information below about the third-party components we use for optimization purposes and in order to improve quality of use insofar as, as a result, third parties process data, again under their own responsibility.

Our data privacy statement is divided into the following sections:

I.   Information about us as the data controller
II.   Legal basis for the processing of personal data
III.   Information about data collection and processing
IV.   Objection to the processing of your data or withdrawal of consent
V.   Rights of users and data subjects

I. Information about us as the data controller

The party responsible under data protection law for providing this website is:

DÜRR DENTAL SE
Höpfigheimer Str. 17
74321 Bietigheim-Bissingen
Germany

Postfach 12 64
74302 Bietigheim-Bissingen
Germany

Tel.: +49 (0)7142 / 705-0
E-mail: info@duerrdental.com

The data protection officer acting on behalf of the provider is:

VDE Service GmbH
Sandro Berger
Eduard-Pfeiffer-Straße 48
70192 Stuttgart
Germany
Tel.: +49 (0)711 / 22333 26

II. Legal basis for the processing of personal data

In cases where the data subject has given us consent to process their personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

In cases where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to data processing operations required in order to take steps prior to entering into a contract.

If processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.

In cases where processing is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis.

If data processing is necessary for the purpose of legitimate interests pursued by our company or by a third party and such interests outweigh the interests or fundamental rights and freedoms of the data subject, Article 6(1)(d) GDPR serves as the legal basis.

III. Information about data collection and processing

1. Systems whose use requires the collection of data.

For the provision of Dürr Dental systems and their functions, for which communication with the Dürr Dental servers is necessary, personal data is also transmitted to Dürr Dental and processed there - if necessary for the use of the various services - as described below.

VistaSoft
VistaSoft Cloud Exchange
VistaSoft Cloud View
VistaSoft Monitor
Dürr Dental ID (Single Sign On)
Dealer platform duerrdental.net
Learning platform Avendoo

2. Purposes of data collection

Software functions and software-based services of the above systems, which require processing of personal data:

(1)   User account creation, user authentication and management.
(2)   Electronic software and device registration as well as for the activation of software functions and related contacting
(3)   Provision of software functions (e.g., device health monitoring, VistaSoft Cloud Exchange, newsletter service) and contact for service delivery and support
(4)   Provision of media and learning content.
(5)   Troubleshooting and support
(6)   Improving the stability, functionality and security of Dürr Dental products and services.

3. Data collected

(1) Creation of the user account, user authentication and administration

Name, first name, e-mail address

(2) Electronic software and device registration as well as for the activation of software functions and related contacts

Name, first name, e-mail address, address of the site/billing address, telephone number and fax number of the operator and dealer
Windows Machine GUID and Dürr Dental Station Number (Hardware Fingerprint) of the server
Name, serial number and order number of the connected devices

(3) Provision of software functions (e.g., device health monitoring, VistaSoft Cloud Exchange, newsletter service) and contact for service provision and support

Company name incl. address, e-mail address of the dealer and other service partners such as disposal companies
Device data The detailed data list can be requested via info@duerrdental.com).
Operating data generated by the device during operation (such as pressure, temperature, voltage values)
Message data, which the device outputs to indicate changing states (such as warnings and error messages)
Maintenance data (maintenance counter, due date and confirmation of maintenance tasks)

(4) Provision of media and learning content.

Learning history, assessments, learning achievements

(5) Troubleshooting and support

IP address

(6) Improving stability, functionality, and security of Dürr Dental products and services

Access data to web services (e.g. date, time and pages viewed) are stored on the servers of our provider (Amazon Web Services and Microsoft Azure) in Frankfurt am Main, Germany. The storage and analysis are done in anonymized form only.
Interaction measurement between users and software features via the provider Mixpanel. No personal data is collected in this process.

4. Data processing

(1)   For the use of our software applications, we will collect and store the data entered by you and otherwise collected (i.e., for example, your name, address and e-mail address) exclusively for pre-contractual services, for contract fulfillment and service provision, for the purpose of customer care, for improving our service offering and for product improvement of Dürr Dental products.

(2)   Conclusion and processing of the contract is not possible without the provision of your above-mentioned data.

(3)   Your data processed when using our software will be deleted or blocked as soon as the purpose of the storage no longer applies, the deletion of the data does not conflict with any statutory retention obligations and no other information is provided below on individual processing procedures. In this context, however, we must observe retention periods under tax, commercial and medical product law.

The legal basis for the processing of the data is Art. 6 Para. 1 lit. b DSGVO.

5. Data transfer

(1)   In the context of contract processing, we pass on your data to the transport company commissioned with the delivery of goods or to the financial service provider, insofar as the transfer is necessary for the delivery of goods or for payment purposes.
(2)   In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored. Contracts for order data processing have been concluded with all service providers.
(3)   Any further transfer of data to third parties will only take place with your express consent, e.g.:

When connecting a device to y, you as a user have the option of adding a depot to your device. For this purpose, the data entered by you will be forwarded by us to this depot, together with your practice and device data. The data is forwarded for the purpose of service improvement and maintenance & repair of x devices. x has no influence on the further use of the data.
When using the software, we give you as a user the opportunity to perform certain functionalities for x devices directly from the software. These functionalities can also be made available to depots within the scope of the service and repair use cases.

The legal basis for the transfer of the data is then Art. 6 para. 1 lit. b DSGVO.

6. Further functions and offers

(1) If you register for our free newsletter, the data you requested for this purpose, i.e. your e-mail address, country and - optionally - your name and address, will be transmitted to us. At the same time, we store the IP address of the Internet connection from which you access our website as well as the date and time of your registration. During the further registration process, we will ask for your consent to send you the newsletter, describe the content in detail and refer to this privacy policy. We use the data collected in this process exclusively for sending the newsletter - in particular, they are therefore not passed on to third parties.

The legal basis for this is Art. 6 para. 1 lit. a) DSGVO.

In accordance with Art. 7 (3) DSGVO, you can revoke your consent to the sending of the newsletter at any time with effect for the future. To do so, you only need to inform us of your revocation or use the unsubscribe link contained in each newsletter.

(2) Furthermore, we may pass on your personal data to third parties if promotional participations, competitions, contract conclusions or similar services are offered by us together with partners. You will receive more detailed information on this when you provide your personal data.

(3) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.

IV. Objection to the processing of your data or withdrawal of consent

If you have provided consent to the use of your data, you are entitled to withdraw such consent at any time. Such withdrawal of consent affects the legitimacy of processing of your personal data once you have told us you wish to withdraw consent.

If our processing of your personal data is based on a balancing of interests, you can lodge an objection against data processing. This is the case if, in particular, processing is not necessary in order to fulfill a contract with you, which will be explained by us in each case in the subsequent description of the functions. If you wish to object or withdraw your consent, we ask that you provide reasons why we should no longer be processing your personal data in the way that we are. If your objection is justified, we will check the facts and either stop or change the way we process your data, or we will provide you with compelling and legitimate grounds that justify continued processing of your data by us.

You can, of course, at any time object to the processing of your personal data for the purposes of advertising and data analysis. To tell us that you object to your data being processed for advertising purposes, please send an e-mail to Datenschutz@duerrdental.com or write to our postal address for the attention of “The Data Protection Officer.”

V. Rights of users and data subjects

If your personal data is processed, you are a data subject within the meaning of the Data Protection Regulation DSGVO and you have the following rights vis-à-vis the person in charge:

You have the right to obtain confirmation about whether data concerning you is being processed, as well as information about the processed data, further information about data processing, and copies of the data (see also Article 15 GDPR).
You have the right to have inaccurate data corrected or incomplete data completed (see also Article 16 GDPR).
You have the right to have data concerning you erased without undue delay (see also Article 17 GDPR) or, alternatively, in the event that further processing is required pursuant to Article 17(3) GDPR, to obtain a restriction of processing in accordance with Article 18 GDPR.
You have the right to receive a copy of the data concerning you, which you have provided to us, and you have the right to transmit such data to another provider/controller (see also Article 20 GDPR).
You have the right to lodge a complaint with a supervisory authority if you consider that the processing of data relating to you by the provider infringes the pertinent data protection regulations (see also Article 77 GDPR).

In addition, the provider is obliged to inform all recipients to whom data has been disclosed by the provider about any correction or deletion of data or about any restriction of processing that has taken place pursuant to Article 16, 17(1), or 18 GDPR. However, this obligation shall not apply if notification is impossible or requires disproportionate effort. Nevertheless, the user has the right to obtain information about such recipients.

In accordance with Article 21 GDPR, users and data subjects also have the right to object to future processing of data concerning them if the data is processed by the provider in accordance with Article 6(1)(f) GDPR. In particular, it is admissible to object against data processing for the purpose of direct marketing.

Software License Agreement – End User Licensing Agreement

End User Licensing Agreement

Everything you need to know about DÜRR DENTAL