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en:sbt [2024/04/15 09:51] – onyxadminen:sbt [2024/04/15 10:34] (current) – onyxadmin
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 However, individual agreements between the parties, e.g. software distribution agreements, always take precedence over the General Terms and Conditions.\\ However, individual agreements between the parties, e.g. software distribution agreements, always take precedence over the General Terms and Conditions.\\
  
-1.3 In particular, the Licensor has the exploitation rights to the OnyxCeph³™ computer programs, including optional modules and associated auxiliary and system programs. The licensee wishes to use one or more of the above software products.\\+1.3 In particular, Licensor has the exploitation rights to the OnyxCeph³™ computer programs, including optional modules and associated auxiliary and system programs. The licensee wishes to use one or more of the above software products.\\
  
-1.4 The contracting parties agree that the software provided by the licensor is only a technical aid in accordance with its intended use and medical purpose and that the licensee may never justify diagnostic and therapeutic decisions primarily or exclusively on the basis of the statements made with the aid of the software.\\+1.4 The contracting parties agree that the software provided by the licensor is only a technical aid in accordance with its intended use and medical purpose and that the licensee may never justify diagnostic and therapeutic decisions primarily or exclusively on the base of the statements made with the aid of the software.\\
  
 1.5 If the software provided by the licensor is used by the licensee as a medical product in accordance with the applicable legal situation, both contractual partners are legally obliged to distribute or use corresponding products with a declaration of conformity or certification.\\ 1.5 If the software provided by the licensor is used by the licensee as a medical product in accordance with the applicable legal situation, both contractual partners are legally obliged to distribute or use corresponding products with a declaration of conformity or certification.\\
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 2.1 The subject matter of the agreement is the provision of software products of the Licensor for use by the Licensee on its own data processing system (hereinafter referred to as "data processing system") as a single-user solution and/or as a multi-user solution. Unless otherwise agreed, a one-time or annual license fee shall be charged for this.\\ 2.1 The subject matter of the agreement is the provision of software products of the Licensor for use by the Licensee on its own data processing system (hereinafter referred to as "data processing system") as a single-user solution and/or as a multi-user solution. Unless otherwise agreed, a one-time or annual license fee shall be charged for this.\\
  
-2.2 The object of the contract is also the maintenance, updating and further development of the software products by the licensor as a result of the continuous market observation carried out by the licensor. Unless otherwise agreed, an annual software maintenance fee is charged for this.\\+2.2 The object of the contract is also the maintenance, updating and further development of the software products by the licensor as result of the continuous market observation carried out by the licensor. Unless otherwise agreed, an annual software maintenance fee is charged for this.\\
  
 2.3 In addition, services such as software development, installations, data conversions, technical training, consulting and support for technical issues relating to installation, hardware replacement, database recovery and troubleshooting may also be provided by the licensor within the framework of a separate agreement between the parties. Unless otherwise agreed, an expense-related support fee shall be charged for these services.\\ 2.3 In addition, services such as software development, installations, data conversions, technical training, consulting and support for technical issues relating to installation, hardware replacement, database recovery and troubleshooting may also be provided by the licensor within the framework of a separate agreement between the parties. Unless otherwise agreed, an expense-related support fee shall be charged for these services.\\
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 3.3 The Licensor shall provide documentation for instruction in the use of the Software, including work aids and manuals, in electronic form at the latest together with the purchase of the Software by the Licensee.\\ 3.3 The Licensor shall provide documentation for instruction in the use of the Software, including work aids and manuals, in electronic form at the latest together with the purchase of the Software by the Licensee.\\
  
-3.4 By purchasing the license, the licensor grants the licensee the non-exclusive and non-transferable right to use the purchased software products. This right applies to the use of the software products by the licensee on the licensee's IT systems registered for this purpose in the activation code to the extent agreed. The rights and obligations of the licensor and licensee are regulated in the end user license agreement, which the licensee must agree to before installation and activation. If the licensee is provided with a non-productive activation, only the limited range of functions specified in this respect may be used. Non-productive activation may be used exclusively for testing, training and familiarization with the software.\\+3.4 By purchasing the license, the licensor grants the licensee the non-exclusive and non-transferable right to use the purchased software products. This right applies to the use of the software products by the licensee on the licensee's IT systems registered for this purpose in the activation code to the extent agreed. The rights and obligations of the licensor and licensee are regulated in the end user license agreement, which the licensee must agree to before installation and activation. If the licensee is provided with a non-productive activation, only the limited range of functions specified in this respect may be used. Non-productive activation may be used exclusively for testing, for training and for familiarization with the software.\\
    
 =====4. Warranty ===== =====4. Warranty =====
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 7.1 The Licensor only guarantees the recoverability of data after software failure, regardless of its cause, on a data processing system that meets the system requirements if the Licensee has made data back-ups in accordance with the specifications provided by the Licensor for this purpose in the documentation and if they have not been manipulated by the Licensee or third parties.\\ 7.1 The Licensor only guarantees the recoverability of data after software failure, regardless of its cause, on a data processing system that meets the system requirements if the Licensee has made data back-ups in accordance with the specifications provided by the Licensor for this purpose in the documentation and if they have not been manipulated by the Licensee or third parties.\\
  
-7.2 In his own interest, the licensee is required to back up data regularly, if possible daily, in accordance with the licensor's specifications.\\+7.2 In his own interest, licensee is required to back up data regularly, if possible daily, in accordance with the licensor's specifications.\\
  
 7.3 The Licensor expressly points out that the Licensor's programs are intended for the purpose of administration and diagnostic measurement of two-dimensional and three-dimensional image material by professionally qualified personnel in the context of dental medical applications and that diagnostic and therapeutic statements may not be derived primarily or exclusively from the measurement results and that this medical purpose requires proper registration and activation of the software with the operator.\\ 7.3 The Licensor expressly points out that the Licensor's programs are intended for the purpose of administration and diagnostic measurement of two-dimensional and three-dimensional image material by professionally qualified personnel in the context of dental medical applications and that diagnostic and therapeutic statements may not be derived primarily or exclusively from the measurement results and that this medical purpose requires proper registration and activation of the software with the operator.\\
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 7.4 The Licensor shall be liable for damages resulting from a culpable breach of duty by the Licensor or a legal representative of the Licen-sor. Liability is limited to intentional, grossly negligent or fraudulent breach of duty by the licensor or its legal representative and liability under product liability law.\\ 7.4 The Licensor shall be liable for damages resulting from a culpable breach of duty by the Licensor or a legal representative of the Licen-sor. Liability is limited to intentional, grossly negligent or fraudulent breach of duty by the licensor or its legal representative and liability under product liability law.\\
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-7.5 In particular, the Licensor shall not be liable:\\+7.5 In particular, Licensor shall not be liable:\\
  
   * for expenses arising from necessary software adaptations in connection with changes in legal provisions,     * for expenses arising from necessary software adaptations in connection with changes in legal provisions,  
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 8.1 In the event of infringements of third-party property rights by the functions implemented in the software, the licensor may make changes which, while safeguarding the interests of the licensee, ensure that there is no longer an infringement of property rights or acquire the rights of use required for the licensee.\\ 8.1 In the event of infringements of third-party property rights by the functions implemented in the software, the licensor may make changes which, while safeguarding the interests of the licensee, ensure that there is no longer an infringement of property rights or acquire the rights of use required for the licensee.\\
  
-8.2 Upon termination of the contract by the licensee, the licensee is obliged to return all data carriers and user documentation provided to him in fulfillment of the contract, unless the parties have agreed to a permanent transfer. In addition, in the event of termination of the contract, the licensee undertakes to completely delete the software provided, insofar as this was agreed when the contract was concluded.\\+8.2 Upon termination of the contract by the licensee, the licensee is obliged to return all data carriers and user documentation provided to him in fulfilment of the contract, unless the parties have agreed to a permanent transfer. In addition, in the event of termination of the contract, the licensee undertakes to completely delete the software provided, insofar as this was agreed when the contract was concluded.\\
    
 =====9. Protection of the licensed material ===== =====9. Protection of the licensed material =====
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 10.1 Amendments and additions to the contractual agreements between the parties must be made in writing.\\ 10.1 Amendments and additions to the contractual agreements between the parties must be made in writing.\\
  
-10.2 If individual provisions are legally invalid, the remaining parts of the contract between the parties shall remain binding. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavor to achieve the economic success intended by the invalid provision in another, legally permissible manner.\\+10.2 If individual provisions are legally invalid, the remaining parts of the contract between the parties shall remain binding. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavour to achieve the economic success intended by the invalid provision in another, legally permissible manner.\\
    
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 12.2 When transferring the licensee's data to the licensor on the occasion of a contract initiation or for the purpose of contract execution, both parties are obliged to comply with the legal provisions and regulations on data protection applicable in the respective country, in particular the protection of personal data.\\ 12.2 When transferring the licensee's data to the licensor on the occasion of a contract initiation or for the purpose of contract execution, both parties are obliged to comply with the legal provisions and regulations on data protection applicable in the respective country, in particular the protection of personal data.\\
  
-12.3 In the case of support measures commissioned by the licensee from the licensor - in particular in connection with software maintenance, troubleshooting or other desired or necessary technical support measures, the licensee must ensure that the licensor does not gain access to personal data recorded in the software or in third-party applications. The software provides suitable functions for this purpose.\\+12.3 In the case of support measures commissioned by the licensee from the licensor - particularly in connection with software maintenance, troubleshooting or other desired or necessary technical support measures, the licensee must ensure that the licensor does not gain access to personal data recorded in the software or in third-party applications. The software provides suitable functions for this purpose.\\
 If the licensee nevertheless gains access to personal data as part of support measures in exceptional situations in individual cases, this does not constitute a contractual relationship between the licensee and licensor in the sense of commissioned data processing, as there is neither an offer from the licensor nor an assignment by the licen-see. Rather, in such an exceptional case, the provisions of the data protection confidentiality agreement provided by the licensor apply.\\ If the licensee nevertheless gains access to personal data as part of support measures in exceptional situations in individual cases, this does not constitute a contractual relationship between the licensee and licensor in the sense of commissioned data processing, as there is neither an offer from the licensor nor an assignment by the licen-see. Rather, in such an exceptional case, the provisions of the data protection confidentiality agreement provided by the licensor apply.\\
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en/sbt.txt · Last modified: 2024/04/15 10:34 by onyxadmin