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Software license

LICENSE AGREEMENT

FOR USE OF

SmartDental SOFTWARE

Definitions of terms

AGREEMENT - this License Agreement

PRODUCER – Software Clinic s.c., ul. Grażyny 18/U4, 31-217 Kraków, Poland

LICENSE - the party concluding this agreement with the MANUFACTURER

SOFTWARE - SmartDental software designed for comprehensive management of a dental clinic, including medical, administrative and financial database management.

DEVICE – a computer device on which the SOFTWARE is used

The subject of this AGREEMENT is to define the conditions and scope of use of the SOFTWARE by the LICENSEE. The LICENSEE declares that he has read the demo version of the SOFTWARE, which is always launched before purchasing and activating the SOFTWARE license on the DEVICE.

The MANUFACTURER grants the LICENSEE a license to use the SOFTWARE only on the condition that the LICENSEE accepts all the terms and conditions contained in the AGREEMENT. By installing or using the SOFTWARE, the LICENSEE indicates his acceptance of the AGREEMENT. All rights not expressly granted in the AGREEMENT remain the rights of the MANUFACTURER. The SOFTWARE is the property of the MANUFACTURER, and the conclusion of this agreement does not infringe anyone else's intellectual property rights. MANUFACTURER and its licensors retain exclusive rights, title and ownership in and to copies of the SOFTWARE.

The MANUFACTURER hereby grants the LICENSEE a non-exclusive license to use the SOFTWARE under the terms of this AGREEMENT without the right to sublicense. LICENSEE agrees to use reasonable efforts to protect the SOFTWARE from unauthorized use, reproduction, distribution and publication. The use of the SOFTWARE by the LICENSEE beyond the scope covered by the license will constitute an infringement of copyright resulting in the pursuit of appropriate legal claims against the LICENSEE in this respect.

LICENSE
  • The MANUFACTURER grants the LICENSEE a license to use the SOFTWARE in accordance with its intended purpose.
  • The LICENSE fee is a one-time fee, consistent with the MANUFACTURER's current offer or with previously agreed commercial terms and conditions between the MANUFACTURER and the LICENSEE.
  • The LICENSE is granted for an indefinite period, starting from the date of payment of the license fee by the LICENSEE.
  • The LICENSEE may install and use the SOFTWARE on one DEVICE if the DEVICE is owned by the LICENSEE and is used for his/her own needs.
  • LICENSEEE may make any number of backup copies of the SOFTWARE.
  • The MANUFACTURER allows the LICENSEE to use the SOFTWARE by medical and non-medical personnel employed by the LICENSEE within the enterprise or facility for which the LICENSE was purchased.
  • The basis for the digital signing of the license by the MANUFACTURER is that the LICENSEE installs the demo version of the SOFTWARE on the appropriate DEVICE and pays the license fee.
  • After paying the license fee, the MANUFACTURER digitally signs the LICENSE, which is automatically read in the SOFTWARE on the appropriate DEVICE.
  • Activation of the signed license on the appropriate DEVICE is a condition for activating the functionality of the SOFTWARE and its use by the LICENSEE.
  • The LICENSEE has no right to sell, rent, lease or sublicense the SOFTWARE.
  • LICENSEEE has no right to decode, decompile or disassemble the SOFTWARE, or attempt to crack, remove or bypass the software security codes of the SOFTWARE.
  • In the event of transfer of the license to another computer, the LICENSEE undertakes to immediately remove the SOFTWARE from the current DEVICE, and its further maintenance on the current DEVICE will be treated as an infringement of the MANUFACTURER's copyrights.
SOFTWARE UPDATES and SUPPORT
  • The LICENSEE, during the first 12 months from the validity of the license, is entitled to free updates of the SOFTWARE, which the MANUFACTURER undertakes to make available to the LICENSEE on an ongoing basis.
  • The LICENSEE is entitled to free technical support (telephone, e-mail, application form on the MANUFACTURER's website) during the first 12 months of the license validity period.
  • Access to SOFTWARE updates and technical support by the LICENSEE after the first 12 months from the purchase of the license requires the purchase of an additional service "Annual subscription of update subscription and technical support" - in accordance with the MANUFACTURER's current offer. Once purchased, the service covers all LICENSES purchased by LICENSEE for a period of 12 months.
  • In the event of lack of continuity of use by the LICENSEE of the "Annual subscription to update subscription and technical support" service - resumption of the update subscription and technical support service requires the purchase of the "Resumption of the update subscription and technical support service" service - in accordance with the MANUFACTURER's current offer. Once purchased, the service covers all LICENSES purchased by the LICENSEE for a period of 12 months. EXTENSION OF THE LICENSE The LICENSEE has the right to extend the license with additional functional modules of the SOFTWARE, in accordance with the current offer of the MANUFACTURER or on the basis of previously agreed commercial terms and conditions between the MANUFACTURER and the LICENSEE.
TRANSFER OF SOFTWARE MODULES BETWEEN DEVICES
  • The LICENSEE has the right to transfer functional modules between licenses after prior arrangement with the MANUFACTURER.
THE MANUFACTURER IS NOT RESPONSIBLE FOR
  • Improper operation of the SOFTWARE resulting from the presence of other software, incorrect configuration of the DEVICE or other computer software of the LICENSEE.
  • Errors in the operation of the SOFTWARE resulting from random events, the presence of malware on the LICENSEE's computer.
  • The correctness of data entered into the SOFTWARE by medical or non-medical personnel and other persons or third parties having access to the SOFTWARE, authorized or unauthorized by the LICENSEE.
  • For the LICENSEE's failure to comply with the provisions of the law on maintaining medical records and other applicable legal provisions.
  • For the LICENSEE's failure to comply with the rules of use of the SOFTWARE contained in the 'User Manual'.
  • For material or immaterial damages arising indirectly, accidentally or as a result of the use of the SOFTWARE by the LICENSEE, even if the MANUFACTURER has been informed that such damages are possible.
WARRANTY
  • The MANUFACTURER has made every effort to provide the SOFTWARE with accurate data and to ensure its failure-free operation. However, LICENSEE acknowledges that the SOFTWARE may contain a number of errors, defects, omissions or inaccuracies.
  • The LICENSEE is entitled to free technical support during the first 12 months of the license term, including the removal of problems in the operation of the SOFTWARE caused by its possible defects.
  • Problems in the operation of the SOFTWARE may be reported by the LICENSEE by phone, e-mail or via the reporting form on the MANUFACTURER's website.
  • The MANUFACTURER undertakes to respond to the reported problem with the functioning of the SOFTWARE within 1 business day.
  • The MANUFACTURER will remove the reported problem in the manner and time agreed with the LICENSEE, appropriate to carry out all necessary corrective actions.
  • The LICENSEE agrees that, when necessary, it will enable the MANUFACTURER to remotely connect to the LICENSEE'S DEVICE on which the affected SOFTWARE is installed.
  • The MANUFACTURER undertakes to keep confidential the data collected in the LICENSEE's database using the SOFTWARE if they are disclosed to him during the removal of problems in the operation of the LICENSEE'S SOFTWARE (e.g. during a remote connection to the DEVICE).
FINAL PROVISIONS
  • The LICENSEE consents to the MANUFACTURER's transfer of rights and obligations arising from the AGREEMENT to third parties.
  • No delay or failure on the part of the MANUFACTURER in asserting its rights or damages under the AGREEMENT shall be deemed a waiver of future or other attempts by the MANUFACTURER to enforce such rights or damages.
  • The terms and conditions contained in this AGREEMENT will be treated as more important than any conflicting terms contained in the order documents, purchase documents or other agreements, unless the parties to the AGREEMENT agree otherwise.
  • Any dispute regarding rights and obligations related to this AGREEMENT will be resolved in accordance with the commercial laws of the country in which the license was purchased, with the exception of copyright, patent and trademark protection. These will be resolved in accordance with Polish law and relevant international treaties and conventions.
  • The Parties agree that this AGREEMENT constitutes the exclusive and complete agreement between the MANUFACTURER and the LICENSEE to which it applies, supersedes all preceding AGREEMENTS, arrangements and understandings between the MANUFACTURER and the LICENSEE and that it is valid, effective and binding on both parties to the AGREEMENT.< /li>
  • A change to the provisions of the AGREEMENT must be made in writing under pain of nullity.

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