This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee”) and Materialise (“Licensor”) for the Materialise Software that accompanies this EULA. Each of which is referred to as a “Party” and together constituting the “Parties” to this EULA.
BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
Licensor hereby grants Licensee, which accepts, a personal, non-exclusive right to use the Licensed Material, only as authorized in this EULA.
Licensee agrees that he may not reverse assemble, reverse compile or otherwise translate the Software or any part thereof. Licensee agrees that he does not have the right to assign, sub license, transfer, pledge, lease, and rent or share his rights proceeding from this EULA, nor sell Licensed Material or any part or copy thereof.
Licensee acknowledges and agrees that the Software and User documentation are proprietary products of Licensor protected under copyright law. Licensee further acknowledges and agrees that all right, title and interest in and to the Licensed Material, associated intellectual property rights (including, but not limited to, trademarks), are and shall remain with Licensor. This License Agreement does not convey to Licensee any interest in or to the Licensed Material, but only a limited right of use, revocable in accordance with the terms of this EULA.
Materialise, SurgiCase, SurgiCase Planner and other names mentioned in the Documentation and Software are registered trademarks and/or trade names either owned by or licensed to Materialise. No Licensee has any right, title, or interest in those marks or names not previously expressly granted in writing to such user by Materialise or by other third-party licensors.
Access to the Software is granted on a free basis. Services in the Software are subject to the specific fees per the specific Service ordered by Licensee.
Access to the Software is granted by the use of a Password associated with the Licensee on a strictly personal basis. Under no circumstances can the Licensee share the Password or allow third parties to use the Password to access the Software. Each Password has a specified validity period. On his request, the Licensee will be enabled to reset his Password at the expiration of the specified period. The Licensee can then use the Software for a new period. The Licensor or its representative will have the right to control the computer(s) or server(s) on which the Software has been used, in order to verify the compliance with the above obligations.
This EULA is effective upon the first use of the Software and shall continue until terminated. Each of the Parties may terminate this EULA at any time. Upon such termination, the Licensee will destroy any Licensed Material in his possession or will return the Licensed Material and any copies or extracts therefrom to the Licensor.
The Software is provided “AS-IS”. Licensor disclaims all representations and warranties, express or implied, with respect to the Software, including, without limitation, warranties of fitness for a particular use or purpose, merchantability and non-infringement. Licensor makes no warranties that the Software will operate without interruption or be error-free. The entire risk as to the quality and performance of the Software shall be borne by Licensee.
Before Materialise can engage in designing and/or manufacturing a Surgicase® Guide or Model, User is required to review and validate the proposed Surgicase® Planning or Design. If the Surgicase® Planning or Design has been deemed to conform to the specific case for which it was designed in the professional judgment of the User, the User shall validate the proposed Surgicase® Planning or Design via a digital signature (“Validation”). Such a Validation is final and binding.
It is the User’s ultimate obligation to exercise his/her professional judgment in any decision to follow or not follow Surgicase® Planning or Design created by Materialise. Materialise’s cumulative liability to User for any loss or damages resulting from any claims, demands or actions arising out of or relating to this Agreement shall not exceed the Service Fee paid to Materialise for use of the Services. Materialise cannot be held liable for any claims, demands or actions, arising from the faulty performance of the Software, if such faulty performance is caused by the input of data from the Licensee or any third party. In no event shall Licensor be liable for any indirect, incidental, consequential, special or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.
This License Agreement shall be construed and governed in accordance with the laws of the Belgium. The courts of Leuven shall have exclusive jurisdiction.
Should any court or competent jurisdiction declare any term of this EULA void or unenforceable, such declaration shall have no effect on the remaining terms hereof.
The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that Party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
If in the course of usage of the Software, the Licensee sends data that are equivalent to private information or protected health information, Licensor commits to not use or disclose such information other than as permitted or required for the fulfilment of Services to Licensee. Licensor shall use appropriate safeguards to prevent use or disclosure of such information other than as required for the fulfilment of these Services. Ownership of the data of Licensees who are parties to an existing partnership agreement shall be governed by the articles therein. The data of Licensees who are not parties to an existing partnership agreement shall be co-owned by Licensor once uploaded in the Software.
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Copyright © 2022 Materialise NV, all rights reserved. The software may not be copied, reproduced, published, disclosed translated, or reduced to any electronic medium or machine-readable form without the prior written consent of Materialise NV. Includes the following code.
B-3001 Leuven, Belgium