DTS LICENSE
Terms and conditions
General
These terms and conditions apply to all DTS software and its versions purchased on this web site.
SOFTWARE LICENSE
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, AS THE <LICENSEE>, AND DTS (THE <LICENSOR>) GOVERNING YOUR RIGHT TO USE THE DTS SOFTWARE (<SOFTWARE>). DTS is owned by Dr. Neeraj S. Rohida. THIS SOFTWARE LICENSE AGREEMENT IS HEREAFTER REFERRED TO AS THE <AGREEMENT>, OR <SOFTWARE LICENSE>, AND YOU AND THE LICENSOR ALSO AS THE <PARTY>, OR TOGETHER AS <PARTIES>. IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE, PLEASE CHECK THE "I have read the Privacy and Security Policy and agree on the Terms and Conditions including the transfer of my personal data" CHECKBOX IN THE ORIGINATING PAGE IN WHICH CASE YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT CONSENT TO THIS SOFTWARE LICENSE, PLEASE PRESS CANCEL THE PROCESS BY CLOSING THE ORIGINATING PAGE.
Scope of the Software License
This Software License governs the use of the Software. Software means the software product specified above, and any related manuals, user and other documentation, computer programs, and information provided by Licensor, including new updates for the major version of the Software made available to licensees of such Software, if any.
DTS is a simulation software that is to be used by licensed users to generate digital modifications of the patients' image for educational purposes only.
The software developers are in no way to be help responsible for any conflicts or differences in opinion arising between the dentists and the patients undertaking treatment.
The licensed dental personnel can use their freewill and clinical judgement to plan the simulations.
Software License
Licensor hereby grants you a non-exclusive and non-transferable license to use during the term of this Software License the Software, in object code form only and in accordance with the terms of this Software License. You have no right to license or sublicense the Software and you are under the obligation to return the Software to Licensor upon the expiration or termination of this Software License. You are entitled to use each licensed Software only on a single computer or terminal in your own internal operations and, if necessary for use on such computer or terminal, to integrate it with another program, all portions of the program continuing to be subject to this Software License in full. Licensor shall not be held liable for any non-performance, interruptions in operation, or damages resulting directly or indirectly from an integration of the Software made by you, even if such integration was approved by Licensor. Should you, based on a separate agreement, receive any copy of the Software to upgrade a previous version of such Software such upgraded version of the Software shall be the only version you are entitled to use unless otherwise agreed and, unless expressly otherwise permitted by Licensor in writing in advance, you shall destroy or erase all program material and related documentation, including all copies and modifications, relating to the previous Software. You are granted no rights hereunder other than those expressly set out hereinabove and, consequently, all other activities related to the Software are prohibited. Such prohibited activities include but are not limited to (i) deleting, adding to, copying, duplicating, reproducing, modifying, integrating, transferring, assigning or conveying the Software or any part thereof, or any copy or merged portion thereof, in whole or in part, except as expressly provided for herein or authorized by Licensor in writing in advance, (ii) renting or leasing of the Software to another party, and/or (iii) offering management services based on Software to third parties without Licensor's prior written consent.
Ownership; Superior rights
You hereby expressly acknowledge and accept that Licensor and its software suppliers own throughout the world all right, title and interest in the Software, any copies thereof and all intellectual property rights contained or embodied therein including the ownership to any modifications or translations of the Software and that such ownership or rights shall not be transferred to you. With respect to any software of third party suppliers contained or to be contained in the Software, you acknowledge and accept the ownership of Licensor's suppliers hereunder and that Licensor's suppliers are direct and intended third party beneficiaries of this Software License with rights solely against you, including (without limitation), on reasonable prior notice to and consent of Licensor, the right to directly enforce and/or terminate your license to use the Software. Further, you agree that Licensor's suppliers have no liability or obligations towards you or third parties arising out of or in connection with this Software License. You shall execute any such amendments to this Software License as may be required from time to time in order to comply with terms and conditions of any of the Licensor's third party software suppliers. In addition to the above, separate terms of third party software license shall be applied, if such license terms have been separately specified.
Copyright
The Software shall be delivered subject to all restrictions and protections provided for under the applicable copyright and other laws and treaties. Unless otherwise agreed by Licensor in writing in advance, you have no right to reproduce or otherwise duplicate the Software or any part thereof for any purpose or to allow any third parties to do the same without the prior written consent of Licensor. Notwithstanding the above, you may make one copy of the Software for back-up purposes if it is necessary for the use of the Software but you shall have no other right to copy the Software or allow it to be copied even for private purposes. Such copy and the media thereof shall contain the same copyright, trademark, and other proprietary and confidentiality notices, marks and/or legends etc. as the original and shall be subject to the same conditions as the original. You shall not remove, obliterate or cancel from view any Software identification, copyright notices or other notices, marks or legends or proprietary restrictions etc. from the Software.
Restrictions
You shall comply with all export and re-export restrictions and regulations imposed by the government of the United States or of the country to which the Software is shipped to you. You shall not commit any act or omission which will result in a breach of any such export requirements.
No Reverse Engineering
You shall not decompile, reverse assemble, disassemble or reverse engineer the Software or otherwise attempt to derive source code from the Software. When information of the internal structure of the Software is necessary in order to obtain interoperability of the Software with other software programs, you shall immediately contact Licensor.
Confidentiality
The Software contains proprietary and confidential information of Licensor and its suppliers and is considered by Licensor and its suppliers to constitute valuable trade secrets. You shall not disclose, provide, or otherwise make available such trade secrets or copyright material, and shall hold the Software in confidence and protect the Software with at least the same degree of care with which you protect your own similar confidential information but in no event less than a reasonable standard of care. You shall ensure that your officers and employees shall protect the confidentiality of the Software and all confidential and non-public information relating thereto and shall not disclose such information to any third party. This obligation of confidentiality shall survive the termination of the Software License.
Warranty Disclaimer
To the maximum extent permitted by applicable law, Licensor and its suppliers provide the Software <AS IS> and hereby disclaim all warranties and conditions, either express, implied, statutory or arising from a course of dealing, usage or trade practice, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, compatibility, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software and any part thereof, and the provision of or failure to provide support services, all of which are excluded. There is also no warranty or condition of correspondence to description, or non-infringement with regard to the Software or any part thereof. Licensor makes no representations concerning the quality of the Software and does not promise that the Software will be error-free or will operate without interruption. You shall bear the entire risk as to the quality or compatibility of or arising out of use or performance of the Software.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any actual or special, incidental, direct, indirect, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software by any person, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this Software License even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Licensor or any of its suppliers, and even if Licensor or any of its suppliers has been advised of the possibility of such damages. In no event shall the Licensor or its suppliers' liability to you, whether in contract, tort (including negligence), or otherwise exceed the price paid by you.
Insurance
You shall carry and maintain paid up policies for adequate products liability insurance, with Licensor identified as an additional insured, and you shall provide the Licensor with proof of all such insurance, copies of all such policies, and any renewals thereof at Licensor's request.
Term and termination
Your license to use the Software shall commence upon the execution of this Software License, and shall thereafter remain in effect until terminated, as set forth herein. If you fail to pay any monies or provide any services due in connection with the Software, or violate any term or condition of this Software License, this Software License will terminate without any notice from the Licensor. Immediately upon termination, you shall destroy or return to Licensor all copies of all and any part of the Software in your possession or under your control. You shall have no right to keep or use any copy of the Software and related documentation for any purpose after termination of this Software License. Upon termination by Licensor or its suppliers of this Software License, you shall, within two (2) business days thereafter, certify to Licensor that in accordance with instructions from Licensor or its suppliers, all copies of the Software have been either destroyed or returned to Licensor, whether same is in tangible or intangible form and you shall further certify that all use thereof is and shall remain terminated. You also may terminate this Software License by giving notice of termination to Licensor and destroying or returning to Licensor all copies of all and any part of the Software in your possession or under your control. You shall be liable to pay any monies due until the date of termination. No payment made by the date of termination shall be returned.
Applicable Law and Jurisdiction
This Software License shall be construed, governed by and interpreted in accordance with the laws of India.
General
You may not assign this Software License or any rights under it and may not delegate any duties under this Software License without Licensor's prior written consent. Any attempt to assign or delegate without that consent will be void. This Software License (together with license terms of third party suppliers of Licensor, if any) constitutes the entire agreement with respect to the subject matter hereof between you and the Licensor and supersedes all previous oral or written communications or agreements relating to the same. This Software License may be modified only by a written instrument expressly agreed to by the parties hereto. The failure of Licensor to enforce any provision of this Software License shall not be considered a waiver of any subsequent breach of that provision or as a waiver of any other provision hereof. If any portion hereof is found to be illegal, invalid, void or unenforceable, the remaining provisions of this Software License shall remain in full force and effect. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.