PRODUCTS & SERVICES   NEWS   ABOUT   DOWNLOAD   SITE MAP   CONTACT INFO
       You are here:   Software Agreement

Software agreement

This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Medizintechnik Basler AG ("MTB").

The Agreement authorizes you to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to you by electronic mail, downloaded from MTB’s Web pages or Servers or from other sources under the terms and conditions set forth below. This is an agreement on end user rights and not an agreement for sale. MTB continues to own the copy of the Software and the physical media contained in the sales package and any other copy that you are authorised to make pursuant to this Agreement. Read this Agreement carefully before installing, downloading or using the Software. By clicking on the "I Accept" button, installing, downloading and/or using the Software, you agree to the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, promptly click on the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to MTB. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. SOFTWARE.

As used in this Agreement, the term "Software" means, collectively: (i) the software product identified above (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the MTB software delivered via a CD-ROM, electronic mail or web-page(iii) related MTB or third party software; (iv) digital images, stock photographs ("Stock Files") (v) related explanatory written materials ("Documentation"); (vi) fonts (vii) upgrades, modified versions, updates, additions and copies of the Software, if any, licensed to you by MTB (collectively "Updates") and (viii) any other possible documentation related thereto. Any third party software that may be provided with the software is included for use at your option. If you choose to use such third party software, then such use shall be governed by such third party’s software license/end user agreement, an electronic copy of which may be installed in the relevant folder of your computer upon installation of the third party software.

2. END USER RIGHTS AND USE.

MTB grants to you a non-exclusive, non-transferable end user right to install the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or terminal at a time.

3. LIMITATIONS ON END USER RIGHTS.

You may not copy, distribute, or make derivative works of the Software except as follows:

(a) You may make one copy of the Software on magnetic media as an archival backup copy, provided your archival backup copy is not installed or used on any computer. Any other copies you make of the Software are in violation of this Agreement.

(b) You may not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

© You may not resell, sublicense, rent, lease or lend the Software.

(d) You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.

(e) Unless stated otherwise in the Documentation, you shall not display, modify, reproduce and distribute any of the Stock Files included with the Software. In the event that the Documentation allows you to display the Stock Files, you shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Read-Me" files associated with the Stock Files that you use to ascertain what rights you have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof.

(f) You agree that you shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which you use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. COPYRIGHT.

The Software and all rights, without limitation including proprietary rights therein, are owned by MTB and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of MTB and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End User Rights). Any copies which you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES. If the Software supports multiple platforms or languages, if you receive the Software on multiple media, of if you otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use.

6. COMMENCEMENT & TERMINATION.

This Agreement is effective from the first date you install the Software. You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own costs, the Software, all back up copies and all related materials provided by MTB. Your end user rights automatically and immediately terminate without notice from MTB if you fail to comply with any provision of this Agreement. In such event, you must immediately delete, destroy or return at your own cost, the Software, all backup copies and all related material to MTB.

7. YOU ACKNOWLEDGE THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER MTB, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY MTB OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS.

This Agreement creates no obligations on the part of MTB other than as specifically set forth herein.

9.LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MTB, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MTB OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, MTB, ITS EMPLOYEES OR LICENSORS OR AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S.$50. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits MTB’s liability to You in the event of death or personal injury resulting from MTB’s negligence. MTB is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this clause 9, but in no other respects and for no other purpose.

10. TECHNICAL SUPPORT.

MTB has no obligation to furnish You with technical support unless separately agreed in writing between You and MTB.

11. NOTICES.

All notices and return of the Software and Documentation should be delivered to:

MEDIZINTECHNIK BASLER AG, Schulstrasse 161, CH-8105 Regensdorf Swizerland

12. APPLICABLE LAW & GENERAL PROVISIONS.

This Agreement is governed by the laws of Switzerland. The arbitration procedure shall take place in Zurich, Switzerland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of MTB, although MTB may vary the terms of this Agreement.

This is the entire agreement between MTB and you relating to the Software and it supersedes any prior representations, discussions, undertakings, end user agreements, communications or advertising relating to the Software.

 
 
 
 
Products & Services  |  News  |  About  |  Download
Site map  |  Contact info  |  Webmaster