EULA



This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and MD.simulation.LTD for the DENTALMASTER software that accompanies this EULA

TERMS AND CONDITIONS FOR THE DENTALMASTER SOFTWARE (“Software”)

From MDsimulation LTD


IMPORTANT - READ CAREFULY THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”) BEFORE INSTALLING THE SOFTWARE. BY CLICKING THE "I AGREE" BUTTON ", YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE "CANCEL" AND THE INSTALLATION PROCESS WILL NOT BEGIN, OR DO NOT USE OR INSTALL THE SOFTWARE. DO NOT SELECT "I AGREE" OR INSTALL OR USE THE SOFTWARE UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD, AND AGREED TO THESE TERMS. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU AGREE THAT YOU ARE THE AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE NOT, YOU AGREE THAT YOUR PARENT OR GUARDIAN HAS CLICKED THE “I AGREE” BUTTON.

THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU, OR THE COMPANY ON WHOSE BEHALF YOUR ARE INSTALLING THE SOFTWARE, ("YOU") AND MD SIMULATION LTD. ("MD SIMULATION”), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THESE TERMS.

YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE SOFTWARE.

If your version use also one or more online service of the dentalmaster web service read also the EULA_OF agreement http://onlinedata3d.com/lic/EULA_OF.html

















TERMS OF USE AGREEMENT

  1. GRANT OF LICENSE. Subject to the terms and conditions of these Terms, ,MD Simulation grants You a limited, personal, nonexclusive, nontransferable, non-sublicensable license to use solely on one sit, only in its original binary executable form and script code form only, the Software, for your internal use.



  1. LICENSE RESTRICTIONS. The Software should be installed in accordance with the instructions of MD Simulation. Except as expressly and unambiguously permitted by these Terms, You may not, nor permit anyone else to, directly or indirectly: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Software, (ii) copy or modify the Software either alone or in conjunction with any other product or program, (iii) decompile, disassemble or reverse engineer all or any portion of the Software (including without limitation any feature, image, graphic, simulation etc.) except and only to the extent , that such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or on the Software (v) publicly present, perform or otherwise display the Software or any portion thereof; or (vi) use the MD Simulation or the Software name, logo or trademarks without prior written consent from MD Simulation.



Any right not explicitly granted to you is reserved to MD Simulation or its licensors.

The license will be released in accordance with the agreement with your distributor.

  1. OWNERSHIP; COPYRIGHT PROTECTION. The Software is licensed, not sold. As between the parties, all title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Software, including all documentation, shall remain in MD Simulation, its affiliates, or their respective suppliers and licensors. Your possession, installation, or use of the Software does not transfer to You any title to the intellectual property in the Software, and You will not acquire any rights to the Software except as expressly set forth in these Terms. These Terms do not give You any rights not expressly granted herein. You may not copy the Software manual(s), on-line documentation, or any written materials accompanying the Software.

If You contact MD.Simulation with feedback data (e.g., questions, comments, suggestions or the like) regarding the Software (collectively, "Information"), such Information shall be deemed to be non-confidential, and MD Simulation shall have a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate into the Software or future update any such Information.

  1. UPDATES. These Terms apply to downloading, installing and using the Software. MD Simulation may from time to time revise or update its Software. Such updates and revisions will be supplied according to MD Simulation's then prevailing policies, which may include automatic updating without any additional notice to You. The license for the Software contains the updates for the calendar year during which the Software was purchased. However, further updates and/or support of the Software may require separate or additional considerations on behalf of You. Notwithstanding anything to the contrary, You are entitled for a maximum of 1 new license key as may be required in the events of crash, disaster or virus from whatsoever reason. , you can move the existing license key from an old computer to a new computer by deactivated the license first and install the same CD version in the new computer in case if you need a new CD you will be charge for the update version .



  1. Uptime online dentalmaster server or web service

We will always make all effort to make your content available online but We do not guaranty Uptime server to delivery your content “The Licensor” reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter or to stop all or part of the service at any time, at his own discretion.

  1. TERM AND TERMINATION. These Terms shall continue until terminated as set forth in this section. You may terminate these Terms at any time by removing the Software from Your system and destroying all copies of the Software and documentation relating to the Software. Unauthorized copying of the Software or otherwise failing to comply with these Terms will result in automatic immediate termination of these Terms and will make available to MD Simulation legal remedies. MD Simulation reserves the right to terminate these Terms and the license granted hereunder at any time and without notice. Upon termination of these Terms, the license granted herein will terminate and You: (i) will cease any and all rights to use the Software, and (ii) will remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

The provisions in the paragraphs labeled LICENSE RESTRICTIONS, OWNERSHIP; COPYRIGHT PROTECTION, TERM AND TERMINATION, INDEMNITY, ALPHA VERSION, LIMITATION OF LIABILITY AND WARRANTY, PRIVACY and MISCELLANEOUS will survive any termination of these Terms.

  1. INDEMNITY. You agree that MD Simulation shall have no liability whatsoever for any use made of the Software by You or any third party. You hereby agree to defend, indemnify and hold harmless MD Simulation and its affiliates and their respective officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to Your use of the Software as well as from Your failure to comply with these Terms.

  2. Free or Beta version. PLEASE NOTE THAT for our free or beta VERSION OF THE SOFTWARE NOT ALL FEATURES MAY BE FULLY IMPLEMENTED OR REFINED. AS WITH ANY Free or beta VERSION, THERE MAY BE UNRESOLVED ISSUES DESPITE OUR SCANNING. DO NOT USE THIS Free or beta VERSION OF THE SOFTWARE UNLESS YOU ARE COMFORTABLE USING Free or Beta SOFTWARE.

We do not supply any update, support or upgrade and warranty to or Free or Beta version

  1. LIMITATION OF LIABILITY AND WARRANTY. MD SIMULATION, IT'S AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. MD SIMULATION DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS or that MD SIMULATION will correct any errors in the Software. MD SIMULATION DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE SOFTWARE. MD SIMULATION DISCLAIMS ANY RESPONSIBILITY FOR INFORMATION DEEMED INACCURATE OR INCOMPLETE. MD SIMULATION DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR USING THE SOFTWARE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE OR IMPLEMENTATION OF THE RECOMMENDATIONS PROVIDED BY THE SOFTWARE IS ASSUMED BY YOU. MD SIMULATION, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL MD SIMULATION, ITS AFFILIATES, SUBSIDIARIES OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, non-infringement of intellectual property rights OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MD SIMULATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, The use of the information or the content and / or graphics and / or animation and / or models or the results use in the software for displaying the therapeutic options of the patient are for demonstration only and you alone are solely responsible for determining whether or not to implement the demonstration specified in any medical or dental or any other usage. And if shall it have any demand or claim of any kind the company MD Simulation ltd/or its representative will not be held responsible.

Provisions of these stated terms and conditions stated in the masculine and relates purely for convenience both men and women.



THE liability OF MD SIMULATION, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS, IF ANY, for damages under these terms shall in no event exceed the amount paid by YOU to MD SIMULATION for the Software, IF ANY, IN THE 14 DAYS IMMEDIATELY PRECEDING THE INSTALLATION OF THE SOFTWARE AND THE EVENT GIVING RISE TO THE CLAIM, FOR USING THE SOFTWARE.

YOU agree to the allocation OF LIABILITY RISK which is set forth in this Section.



  1. EXPORT CONTROLS. You acknowledge that the Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Software as well as end-user, end-use and destination restrictions issued by national governments.

  2. MISCELLANEOUS. These Terms represent the complete agreement concerning the Software between You and MD Simulation and supersedes all prior agreements and representations between You and MD Simulation. MD Simulation reserves the right to modify these Terms at any time by providing such revised terms to You or by publishing the revised terms on the MD Simulation’s website. The revised Terms shall become effective within ten (10) days of such publishing or provision to You, whichever is the first to occur unless You expressly accept the revised Terms earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the Software after expiry of the notice period of ten (10) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Terms. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of these Terms will be effective only if in writing and signed by MD Simulation. These Terms are personal to You and may not be assigned or transferred for any reason whatsoever without the consent of MD Simulation and any action or conduct in violation of the foregoing shall be void and without effect. MD Simulation expressly reserves the right to assign these Terms and to delegate any of its obligations hereunder.



These Terms are governed by and construed under the laws of the State of New York USA, without giving effect to its conflict of law provisions. MD.simulation LTD and you both agree to submit to the personal and exclusive jurisdiction of the courts of New York USA. You are responsible for complying with local laws, if and to the extent local laws are applicable. Not withstanding the foregoing, MD.simulation.LTD shall have the right to commence and prosecute any legal or equitable action or proceeding before any USA or non- USA court of competent jurisdiction to obtain injunctive or other relief in MD.simulation.LTD sole discretion. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You hereby agree to service of process in accordance with the rules of such courts. In any action or proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover costs and attorneys' fees.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS.


Last revised: May 10, 2015