Software License Agreement – End User Licensing Agreement

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").

(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 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

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 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.

(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 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 remains 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 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

(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 Licensing Agreement for Android

End User Licensing Agreement (EULA)

between

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

and

You as the User

§ 1 Subject of the Agreement

(1) The subject of this Agreement is the "Dürr Service" software (hereinafter referred to as the "Software").

(2) The Software is protected by copyright (Section 69 a et seq. of the Urheberrechtsgesetz (German Copyright Protection Act, UrhG)).

(3) The Software shall be maintained by Dürr Dental SE on a voluntary basis by way of updates and upgrades (additional development and enhancement of functions) and provided with new specifications. The terms of this Agreement shall also apply to future updates and upgrades.

(4) This product contains software components that are governed by open source licences such as GNU/GPL, BSD or similar. These components are free software and are distributed by the author without warranty.

§ 2 Validity of this Agreement

By using the Software, you are acknowledging and consenting to the terms of this Agreement. You are not entitled to use the Software unless you accept the terms of this Agreement.

§ 3 Right to copy and use

(1) Dürr Dental SE hereby grants the User the right to use the Software for the term of this Agreement and subject to the provisions below. The Software shall be licensed and not sold. The User may only use the Software as expressly permitted under this Agreement.

(2) The User may copy the Software to the extent that such copying is required in order to use the Software. Required copying shall be deemed to include installing the Software under Android systems that belong to the User or that are controlled by the User.

(3) The User is not permitted to copy the Software other than in accordance with the above-stated terms and conditions, including printing the program code.

§ 4 Impermissible usage

(1) The User may not publish, hire out, lease or lend the Software.

(2) The User may not transfer the Software or this Agreement to third parties.

(3) The retranslation of the program code made available to the User into other forms of code (recompilation) and any other forms of reverse engineering of the different manufacturing stages of the Software, including program modification, is not permitted unless the requirements of Section 69 e of the Urheberrechtsgesetz (German Copyright Protection Act, UrhG) are met. Copyright notices, serial numbers or other features used for program identification may not be removed or modified by the User.

§ 5 Warranty/support

(1) The Software shall be maintained by Dürr Dental SE on a voluntary basis by way of updates and upgrades (additional development and enhancement of functions) and provided with new specifications.

(2) Dürr Dental SE shall voluntarily provide a support service for the Software to the extent that it is able to do so.

(3) No statutory warranty claims shall exist, since the Software shall only be licensed and not sold.

§ 6 Liability

(1) Any claims made by the User for compensation or for the reimbursement of unnecessary expenses must comply with this provision regardless of the legal nature of the claim. Liability in accordance with the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected hereby.

(2) Dürr Dental SE shall be fully liable for damage or loss resulting from injury to life or limb, or from damage to health.

(3) Dürr Dental SE shall be fully liable for damage or loss resulting from the intentional or grossly negligent behaviour of Dürr Dental SE. Dürr Dental SE shall only be liable for damage or loss resulting from slight negligence where an obligation is violated, the observance of which is of particular importance for the fulfilment of the contractual purpose (fundamental contractual obligation). This type of fundamental contractual obligation shall always be deemed to exist if the obligation is intended to make it possible to properly execute the Agreement in the first place, or if the User must regularly rely on compliance with this obligation. Where a fundamental contractual obligation is violated, the liability of Dürr Dental SE shall be limited to damage or loss which is typically expected in association with software licensing.

(4) The liability for data loss shall be limited to the typical recovery costs that would have been incurred if regular backup copies had been made in accordance with the relevant risks.

(5) Dürr Dental SE shall not accept any liability for defects and damage or loss resulting from the improper use of the Software during installation, updates/upgrades and operation, with the exception of paragraphs 2 and 3 of this Agreement. This shall also apply to defects and damage or loss which result due to the fact that the hardware and software environment (operating system) deployed by the User does not meet the minimum requirements specified by Dürr Dental SE for the Software in each case.

(6) Paragraphs 1 to 5 shall apply accordingly to the personal liability of employees, co-workers, representatives and vicarious agents of Dürr Dental SE.

§ 7 Term of the Agreement

(1) This Agreement shall have an unlimited term.

(2) The User's right to use the Software shall be revoked if the User significantly violates the terms of use stipulated under this Agreement in any way and Dürr Dental SE terminates this Agreement for good cause. In this case, the User shall be obliged to delete all copies of the Software.

§ 8 Final provisions

(1) Any changes, amendments or specifications of these contractual terms and provisions, as well as any warranties and guarantees must be made in writing. The same applies to the cancellation of this requirement for the written form.

(2) If one or several provisions of this Agreement become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the intended purpose of the invalid or unenforceable provision.

(3) The contractual relationship with the User shall be subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.

(4) Provided the User is a registered merchant, the place of jurisdiction for all disputes arising from the contractual relationship with the User shall, at the discretion of Dürr Dental SE, be the place of jurisdiction of Dürr Dental SE or the User's place of jurisdiction.

Software Licensing Agreement iOS

End User Licensing Agreement (EULA)

between

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

and

You as the User

§ 1 Subject of the Agreement

(1) The subject of this Agreement is the "Dürr Service" software (hereinafter referred to as the "Software").

(2) The Software is protected by copyright (Section 69 a et seq. of the Urheberrechtsgesetz (German Copyright Protection Act, UrhG)).

(3) The Software shall be maintained by Dürr Dental SE on a voluntary basis by way of updates and upgrades (additional development and enhancement of functions) and provided with new specifications. The terms of this Agreement shall also apply to future updates and upgrades.

(4) This product contains software components that are governed by open source licences such as GNU/GPL, BSD or similar. These components are free software and are distributed by the author without warranty.

§ 2 Validity of this Agreement

By using the Software, you are acknowledging and consenting to the terms of this Agreement. You are not entitled to use the Software unless you accept the terms of this Agreement.

§ 3 Right to copy and use

(1) Dürr Dental SE hereby grants the User the right to use the Software for the term of this Agreement and subject to the provisions below. The Software shall be licensed and not sold. The User may only use the Software as expressly permitted under this Agreement.

(2) The User may copy the Software to the extent that such copying is required in order to use the Software. Required copying shall be deemed to include installing the Software under iOS that belong to the User or that are controlled by the User.

(3) The User is not permitted to copy the Software other than in accordance with the above-stated terms and conditions, including printing the program code.

§ 4 Impermissible usage

(1) The User may not publish, hire out, lease or lend the Software.

(2) The User may not transfer the Software or this Agreement to third parties.

(3) The retranslation of the program code made available to the User into other forms of code (recompilation) and any other forms of reverse engineering of the different manufacturing stages of the Software, including program modification, is not permitted unless the requirements of Section 69 e of the Urheberrechtsgesetz (German Copyright Protection Act, UrhG) are met. Copyright notices, serial numbers or other features used for program identification may not be removed or modified by the User.

§ 5 Warranty/support

(1) The Software shall be maintained by Dürr Dental SE on a voluntary basis by way of updates and upgrades (additional development and enhancement of functions) and provided with new specifications.

(2) Dürr Dental SE shall voluntarily provide a support service for the Software to the extent that it is able to do so.

(3) No statutory warranty claims shall exist, since the Software shall only be licensed and not sold.

§ 6 Liability

(1) Any claims made by the User for compensation or for the reimbursement of unnecessary expenses must comply with this provision regardless of the legal nature of the claim. Liability in accordance with the Produkthaftungsgesetz (German Product Liability Act) shall remain unaffected hereby.

(2) Dürr Dental SE shall be fully liable for damage or loss resulting from injury to life or limb, or from damage to health.

(3) Dürr Dental SE shall be fully liable for damage or loss resulting from the intentional or grossly negligent behaviour of Dürr Dental SE. Dürr Dental SE shall only be liable for damage or loss resulting from slight negligence where an obligation is violated, the observance of which is of particular importance for the fulfilment of the contractual purpose (fundamental contractual obligation). This type of fundamental contractual obligation shall always be deemed to exist if the obligation is intended to make it possible to properly execute the Agreement in the first place, or if the User must regularly rely on compliance with this obligation. Where a fundamental contractual obligation is violated, the liability of Dürr Dental SE shall be limited to damage or loss which is typically expected in association with software licensing.

(4) The liability for data loss shall be limited to the typical recovery costs that would have been incurred if regular backup copies had been made in accordance with the relevant risks.

(5) Dürr Dental SE shall not accept any liability for defects and damage or loss resulting from the improper use of the Software during installation, updates/upgrades and operation, with the exception of paragraphs 2 and 3 of this Agreement. This shall also apply to defects and damage or loss which result due to the fact that the hardware and software environment (operating system) deployed by the User does not meet the minimum requirements specified by Dürr Dental SE for the Software in each case.

(6) Paragraphs 1 to 5 shall apply accordingly to the personal liability of employees, co-workers, representatives and vicarious agents of Dürr Dental SE.

§ 7 Term of the Agreement

(1) This Agreement shall have an unlimited term.

(2) The User's right to use the Software shall be revoked if the User significantly violates the terms of use stipulated under this Agreement in any way and Dürr Dental SE terminates this Agreement for good cause. In this case, the User shall be obliged to delete all copies of the Software.

§ 8 Final provisions

(1) Any changes, amendments or specifications of these contractual terms and provisions, as well as any warranties and guarantees must be made in writing. The same applies to the cancellation of this requirement for the written form.

(2) If one or several provisions of this Agreement become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the intended purpose of the invalid or unenforceable provision.

(3) The contractual relationship with the User shall be subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.

(4) Provided the User is a registered merchant, the place of jurisdiction for all disputes arising from the contractual relationship with the User shall, at the discretion of Dürr Dental SE, be the place of jurisdiction of Dürr Dental SE or the User's place of jurisdiction.

Data Privacy Statement for "Dürr Service App" software

§ 1 Information concerning the collection of personal data and the identification of the individual providing the data

(1) This Statement will provide you with information about the collection of personal data when using this software. Personal data includes all data that relate directly to you, e.g. name, address, email addresses and user behaviour.

(2) The service provider in accordance with Section 13 of the Telemediengesetz (German Telemedia Act, TMG) and the data controller in accordance with Section 3 (7) of the Bundesdatenschutzgesetz (German Federal Data Protection Act, BDSG) is

Dürr Dental SE
Höpfigheimer Str. 17
74321 Bietigheim-Bissingen, Germany
Based in Bietigheim-Bissingen  
Commercial Register of Stuttgart District Court HRB 763587
Board of Management: Martin Dürrstein (chair), Stefan Pfanzelt, Christian Schorndorfer
Chair of the Supervisory Board: Bernhard Oberschmidt

§ 2 Rights to access and revocation

(1) You have the right to access information about data pertaining to you that is stored by us, as well as to its origin, recipients or categories of recipients to which such data is disclosed, as well as to the purpose for which this data is stored, at any time.

(2) If you have provided consent to the use of your data, you are entitled to revoke such consent at any time.

(3) Please address all requests for information and access, and any objections to data processing, to info@duerrdental.com by email or to the address stipulated under Section 1 (2).

§ 3 Data security

We undertake appropriate technical measures intended to ensure data security, in particular to protect your personal data against the risks associated with data transfer, as well as to prevent the unlawful acquisition of this data by third parties.  These measures will be adapted accordingly to reflect the latest technology.

§ 4 Collection of personal data

(1) When downloading the software, the information required for this purpose is transmitted to the Software Store, in particular the user name, email address and customer number of your account, time of downloading, payment details and the individual device identification code. However, we have no influence on the collection of this data, nor do we bear responsibility for this. We process the data provided to the extent required to download the software. Data will not be stored beyond the extent required for this purpose.

(2) When the software is used, we do not collect any personal data other than the data listed below that is required to enable software functions.

(3) When you access software contents, these access details and other information (date, time and pages viewed) are stored on our server for data security and statistical reasons. Data is stored and evaluated exclusively on an anonymised basis.

(4) The software neither stores nor uses cookies.

§ 5 Registration

(1) The basic functions of the software can be used without registration.

(2) The use of all other functions requires registration, which can be carried out using the software. If you are the employee of an authorised dealer of Dürr Dental SE, you will be provided with user details. These user details (user name and password) are transmitted to us in an encrypted form whenever the software is accessed and can be stored in the software.

§ 6 App rights

The software uses the following app rights for the purposes listed below:

(a) Storage (amending or deleting USB storage device contents)

Required in order to be able to temporarily store data such as images, videos or documents on devices with limited internal memory. The software exclusively accesses the cache directory created by it for this purpose. Other data located on the USB storage device is neither read nor manipulated.

(b) Camera and flash

Required in order to take photos.

(c) Full Internet access and display of network status

Required to access files stored online, such as videos and documents containing repair instructions, and to verify your user details.

§ 7 Product registration

(1) You can use the software to register Dürr Dental SE devices.

(2) Unless you are the owner and/or authorised operator of such devices, registration may only be carried out with the express consent of the owner and/or authorised operator.

(3) During product registration, the name and address of the owner and/or authorised operator, the name and location of the Dental depot branch, the model number, the serial number and the model description of the device to be registered, the installation date, the name of the medical products consultant and the product training date are stored.

§ 8 Contacting the Dürr Dental SE service department

You can contact the Dürr Dental SE service department directly via the software. During this process, user details in accordance with Section 5 (2), as well as the information and data submitted by you as part of the contact request, will be stored.

§ 9 Disclosure to third parties

We will only use your personal data internally within our company and will only disclose such data to companies involved in the fulfilment of agreements entered into with you or otherwise involved in the performance of these agreements. Your personal data will not otherwise be disclosed to third parties, unless you have provided your explicit consent, or unless we are required to do so by law, for example when instructed by a court of law or official authority.

§ 10 Right to make amendments

We reserve the right to amend this Data Privacy Statement at any time with due regard to applicable legal provisions.

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 is the Duerr Dental VistaEasy View software, including all pertaining program components ("Software").

(2) Dürr 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 Dürr 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 is maintained by DÜRR DENTAL SE 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 Dürr 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 Dürr Dental SE.

(2) If Dürr 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 Dürr 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. Dürr 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

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

If Dürr 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 Dürr 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 Dürr Dental SE regarding the work shall be based on Article 6

(3) The operator shall be obliged to perform a data backup of Dürr 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.

§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 SE or the place of jurisdiction of the User, according to the discretion of DÜRR DENTAL SE.