Dental GPS End User License Agreement
This End-user License Agreement (the “Agreement”) is an agreement between You (both the individual installing the Product and using the services and any legal entity on whose behalf such individual is acting) (hereinafter “You” or ” Your”) and Dental GPS (hereinafter “GPS”).
The Product is for your own use only. You may not resell, lease or provide it in any other way to anyone else.
1.1 “Product” means the object code copy of the software program provided to You in association with this Agreement, together with the associated original electronic media and all accompanying manuals and other documents, and together with all enhancements, upgrades, and extensions thereto that may be provided by GPS to You from time to time.
1.2 “Licensed Configuration” means, to the extent applicable as indicated on the License Key, the choice of features and the total aggregate bandwidth being managed or any other hardware or software specifications, as declared by You in Your purchase order, or request for License Key, and upon which the licensing fee was based.
1.3 “Licensed-server” means the server (defined by the host ID identified by You to GPS when obtaining the License Key), which enables the Product to operate in accordance with the Licensed Configuration.
1.4 “License Key” means the code provided to You by GPS which enables the Product to operate on the Licensed-server for the specified Licensed Configuration.
2. LICENSE AND RESTRICTIONS:
2.1 License. Subject to the terms and conditions of this Agreement, GPS hereby grants only to You, a non-exclusive, non-sub licensable, non-transferable license to use the copy of the Product in accordance with the relevant end user documentation provided by GPS only on the Licensed-server and only for the Licensed Configuration. You have no right to receive, use or examine any source code or design documentation relating to the Product.
2.2 General Restrictions. The Product is licensed to You solely for internal use by You and for You. The product or any portion thereof may not be used or accessed by, sub-licensed to, re-sold to, rented to, or distributed to any other party. You agree not to allow others to use the Product and You will not use the Product for the benefit of third parties. You acknowledge that the source code of the Product, and the underlying ideas or concepts, are valuable intellectual property of GPS and You agree not to, unless expressly authorized and only to the extent established by applicable statutory law, attempt to (or permit others to) decipher, reverse translate, recompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Products by any means whatsoever. You will not develop methods to enable unauthorized parties to use the Product, or to develop any other product containing any of the concepts and ideas contained in the Product. You will not (and will not allow any third party to) modify Product or incorporate any portion of Product into any other software or create a derivative work of any portion of the Product. You will not (and will not allow any third party to) remove any copyright or other proprietary notices from the Product.
2.3 Disabled License-server. The License Key You obtain from GPS enables the Licensed-server, which enables You to use the Licensed Configuration of the Product. If Your Licensed-server is disabled for any reason, GPS may, at its sole discretion, issue You another License Key which will enable You to operate this Product on a substitute Licensed-server. In this event, You agree not to use the Product on the original Licensed-server nor its License Key.
2.4 For every project and/or simulation done with Dental GPS software or the M ruler, the user must mention in the publicity that the projects and/or simulations have been done with Dental GPS. The GPS logo must appear on all publicity, documents and mediums used to announce the projects and/or simulations done with GPS. No false declaration on the product of GPS will be permitted or tolerated in any publicity done by the user or other entity. If the user or the entity has any doubt about their publicity, they are invited to submit their draft to GPS for approval.
2.5 Dental GPS reserves the right to refuse renewing the GPS server license to users who do not respect this agreement, particularly regarding GPS dental simulation offered to the public and/or advertised without authorization.
3. MAINTENANCE AND SUPPORT:
The Services are provided to You on an “as is” basis without warranties from GPS of any kind, either express or implied. GPS does not represent or warrant that Content is error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Services or any portion thereof.
While GPS attempts to make your access to and use of the Services safe, GPS does not represent or warrant that the Services are free of viruses or other harmful components.
4. AVAILABILITY OF THE PRODUCT:
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the product accessible, the product may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Service access may be interrupted, suspended or terminated. GPS retains the right at our sole discretion to deny access to the service, or access to the Services to anyone or any account, at any time and for any reason.
5. TITLES AND INTELLECTUAL PROPERTY:
All rights, title, and interest in the Product shall remain with GPS and its licensors. GPS program is protected by International Copyright laws: Copyright 1054202 December 3, 2007_A Divine Smile_ Alain Méthot . All right reserved. The Centre de Recherche Medicodentaire AM Inc. holds exclusive exploitation rights of the International Copyright and Patent covering this program. This software may not be copied, reproduced, translate, interpreted, or reduced to any electronic medium for any commercial reasons without the prior written consent of the Centre de Recherche Medicodentaire AM Inc. In the event that written authorization is granted on the part of the Centre de Recherche Medicodentaire AM Inc. it is possible to make one copy of the program disk solely for backup purposes.
GPS copyright, logos, trademarks, intellectual property is protected by Canadian and international copyright laws, and all rights to the Product, the services and the Content are expressly reserved.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and /or criminal penalties.
6. TERM AND TERMINATION:
Notwithstanding any provision of these Terms, GPS reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.
7. LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY:
7.1 THE PRODUCT AND ANY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GPS DOES NOT WARRANT THAT THE PRODUCT WILL MEET YouR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.
7.2 LIMITATION OF LIABILITY. IN NO EVENT WILL GPS BE LIABLE TO You OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA), OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER GPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GPS’S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY GPS UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT (S) WHICH CAUSED THE DAMAGES.
8.1 Miscellaneous. You may not assign Your rights or obligations under this Agreement without the prior written consent of GPS. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the provisions of this Agreement shall remain in full force and effect. You and GPS explicitly agree that the laws of the Province of Quebec and the federal laws of Canada applicable will govern all disputes, claims or all issues arising under or relating to this Agreement, without giving effect to the conflict of laws principles thereof. All disputes arising under or relating to this Agreement shall be resolved exclusively in the appropriate Québec court sitting in Montréal, Québec. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. This Agreement sets forth the entire understanding and agreement between You and Dental GPS and may be amended only in writing signed by both parties.
If you choose to access the Product from locations other than Quebec, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify GPS and the other Released Parties for your failure to comply with any such laws.
8.2 Government Restricted Rights. This provision applies to Product acquired directly or indirectly by or on behalf of any Government. The Product is a commercial product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any Government funds. Any use, modification, reproduction, release, performance, display, or disclosure of the Product by any Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement, and no license to the Product is granted to any government requiring different terms.
8.3 Questions? Should You have any questions concerning this Agreement contact the manufacturer at:
Dental GPS Inc.
623 Central Avenue # 201
Cheyenne, State of Wyoming
United States of America, 82001
TERMS AND CONDITIONS OF USE FOR THE SOFTWARE
Use of the software is governed by the terms of the end user license agreement (“EULA”), which accompanies or is included with such software and as such EULA may be modified or amended by other license terms in other agreements entered into between you and Dental GPS. By downloading demo and trial versions of our products, purchasing or leasing a license, or installing any software obtained from this website, you agree to the stated license terms in the EULAs for each such product. If you do not agree to these terms, then do not download or install any software from this website, and do not purchase a license and registration key for any of our products
You download any software from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you by Dental GPS in accordance with the terms of the associated End User License Agreement (EULA). Dental GPS does not transfer title of the Software to you, and Dental GPS retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
TERMS AND CONDITIONS OF USE FOR THE WEB SITE
And Related Websites
Please read these Terms and Conditions of Use carefully before using this website. By using this website, you are indicating your agreement with these Terms and Conditions: DENTAL GPS SITE OPERATED WWW.DENTALGPS.COM (“SITE”). USE OF THE SITE IS SUBJECT TO THE CONDITIONS THAT APPEARS BELOW, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DENTAL GPS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. CONSULTANT IN USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND BE BOUND BY THESE TERMS. If you do not agree, then do not use this website and please close your browser or exit to another website. This website is owned and operated by Dental GPS. Dental GPS makes available information, materials, and software products on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions outlined in this legal notice. If you are using this website on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer’s behalf. Dental GPS reserves the right at any time to change these terms and conditions, to limit quantities on certain items, and to change product pricing and availability, for any reason and without notice. Dental GPS in its sole and absolute discretion, reserves the right to refuse to accept any credit card or to decline any purchase submitted on this website, for any reason whatsoever.
Use of Website Information: Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute information available on this website subject to the following conditions: 1) The information may be used solely for personal, informational, non-commercial purposes; 2) The information may not be modified or altered in any way; 3) Any copy of the information or portion thereof must include the Dental GPS copyright notice above and this permission notice; and 4) Dental GPS reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Dental GPS. Documents specified above do not include the design or layout of this website. Elements of this website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.
You shall indemnify Dental GPS against all losses, expenses, costs or damages incurred resulting from your breach of these Terms or your unauthorized use of Content.
The Site is provided “as is” without any warranty. You agree to use the Site at your own risk and waive and hold Dental GPS its related companies, its officers, employees, representatives or agents responsible for any errors, viruses or other that may have slipped despite all the precautions taken . In addition, Dental GPS not be held responsible in any way for any damages resulting from the use of the Site, such as loss of data or inability to use or loss of profits. Dental GPS reserves the right to modify, add or remove any information or materials on the Site at any time without notice.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Dental GPS, all information and software on this website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Dental GPS assumes no responsibility for errors or omissions in the information or software available from this website or from other sites that are referenced by or linked to this website. In no event shall Dental GPS be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information and software. This website could include technical or other inaccuracies or typographical errors and Dental GPS is not responsible for such inaccuracies or errors. Dental GPS reserves the right to make changes periodically to the information and software on this website. At Dental GPS’s sole and absolute discretion, Dental GPS may modify the information and software available at this website without notice.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Dental GPS be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if Dental GPS or an authorized representative of Dental GPS has been advised of the possibility of such damages. In no event shall Dental GPS have any liability to you for damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise for accessing this website.
LINKS TO AND FROM THIRD-PARTY WEBSITE
The Dental GPS website may contain links to websites maintained by third parties. These third-party sites are not under the control of Dental GPS and Dental GPS is not responsible for the contents of such sites. These links are provided as a convenience to you and do not imply endorsement of such sites by Dental GPS. You agree that any access to third-party sites through these links or other information on this website is solely at your own risk.
GOVERNING LAW AND JURISDICTION – BINDING ARBITRATION
Dental GPS is a limited liability company organized and operating under the laws of the Province of Quebec with offices located in the Province of Quebec. This website is controlled by Dental GPS from its offices in the Province of Quebec Canada. By accessing this website, you and Dental GPS agree that all matters relating to your access to, or use of, this website and/or software and/or information contained herein shall be governed by the statutes and laws of the Province of Quebec you agree to exclusive jurisdiction and Provincial court of the Province of Quebec Canada, for any dispute related to your access to, or use of, this website and/or software and/or information contained herein; and you agree to submit to binding arbitration in accordance with the rules of the Canadian Arbitration Association in the Province of Quebec if Dental GPS, at its sole and exclusive option, elects to use binding arbitration to resolve any such dispute; and you further agree that any decision rendered in binding arbitration can be entered into any court having jurisdiction. Dental GPS makes no representation that materials on this website are appropriate or available for use in other locations. Accessing this site from territories where it is illegal to do so is strictly prohibited. Those who choose to access this site do on their own initiative and are responsible for compliance with local laws.
COMPANY ADDRESS AND FACSIMILE NUMBER
Dental GPS Inc. 623 Central Avenue # 201,
Cheyenne, Wyoming,United States of America, 82001